sec.26AInterference with graves etc.

### sec.26A Interference with graves etc. A person must not interfere with— a grave, vault, niche or memorial in a cemetery or at a crematorium; or a war memorial; or a thing fixed at a place of religious worship. Maximum penalty—1 year’s imprisonment. It is a defence for the person to prove that the person was acting— with lawful authority or in the reasonable belief that the person was acting with lawful authority; or with any other reasonable excuse. In this section— crematorium includes the land or water where the crematorium is situated. interfere , with a thing, includes— destroy, damage, move or mark it; and otherwise deal with it in a way that is likely to cause offence to a reasonable person. lawful authority means authority under an Act or given lawfully by either of the following— the owner of the thing interfered with; if the thing interfered with is in a cemetery or at a crematorium and there is an entity responsible for managing and administering the cemetery or crematorium—the entity. memorial , in a cemetery or at a crematorium, includes the following— a headstone; an inscribed plaque or commemorative plate; a monumental, ornamental or other structure; another thing erected or placed— to mark the site where human remains have been buried or placed; or to commemorate a deceased person. s 26A ins 2011 No. 7 s 30 (sec.26A-ssec.1) A person must not interfere with— a grave, vault, niche or memorial in a cemetery or at a crematorium; or a war memorial; or a thing fixed at a place of religious worship. Maximum penalty—1 year’s imprisonment. (sec.26A-ssec.2) It is a defence for the person to prove that the person was acting— with lawful authority or in the reasonable belief that the person was acting with lawful authority; or with any other reasonable excuse. (sec.26A-ssec.3) In this section— crematorium includes the land or water where the crematorium is situated. interfere , with a thing, includes— destroy, damage, move or mark it; and otherwise deal with it in a way that is likely to cause offence to a reasonable person. lawful authority means authority under an Act or given lawfully by either of the following— the owner of the thing interfered with; if the thing interfered with is in a cemetery or at a crematorium and there is an entity responsible for managing and administering the cemetery or crematorium—the entity. memorial , in a cemetery or at a crematorium, includes the following— a headstone; an inscribed plaque or commemorative plate; a monumental, ornamental or other structure; another thing erected or placed— to mark the site where human remains have been buried or placed; or to commemorate a deceased person. - (a) a grave, vault, niche or memorial in a cemetery or at a crematorium; or - (b) a war memorial; or - (c) a thing fixed at a place of religious worship. - (a) with lawful authority or in the reasonable belief that the person was acting with lawful authority; or - (b) with any other reasonable excuse. - (a) destroy, damage, move or mark it; and - (b) otherwise deal with it in a way that is likely to cause offence to a reasonable person. - (a) the owner of the thing interfered with; - (b) if the thing interfered with is in a cemetery or at a crematorium and there is an entity responsible for managing and administering the cemetery or crematorium—the entity. - (a) a headstone; - (b) an inscribed plaque or commemorative plate; - (c) a monumental, ornamental or other structure; - (d) another thing erected or placed— (i) to mark the site where human remains have been buried or placed; or (ii) to commemorate a deceased person. - (i) to mark the site where human remains have been buried or placed; or - (ii) to commemorate a deceased person. - (i) to mark the site where human remains have been buried or placed; or - (ii) to commemorate a deceased person.