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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Criminal Code Amendment (Interference with War Memorials) Bill 2015 Contents 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 446A inserted 2 446A. Interference with war memorial or war memorial area 2 5. Section 446 amended 5 130--1B page i Western Australia LEGISLATIVE ASSEMBLY (Introduced by Mr P. B. Watson, MLA) Criminal Code Amendment (Interference with War Memorials) Bill 2015 A Bill for An Act to amend The Criminal Code. The Parliament of Western Australia enacts as follows: page 1 Criminal Code Amendment (Interference with War Memorials) Bill 2015 s. 1 1 1. Short title 2 This is the Criminal Code Amendment (Interference with War 3 Memorials) Act 2015. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. 10 3. Act amended 11 This Act amends the The Criminal Code. 12 4. Section 446A inserted 13 After section 445 insert: 14 446A. Interference with war memorial or war memorial 15 area 16 (1) A person who, without reasonable or lawful excuse, 17 interferes with a war memorial or a war memorial area 18 is guilty of a crime and is liable to imprisonment for 19 14 years. 20 (2) In this section -- 21 interfere, in relation to -- 22 (a) a war memorial, means -- 23 (i) destroy, damage, move, or deface, the 24 war memorial; or page 2 Criminal Code Amendment (Interference with War Memorials) Bill 2015 s. 4 1 (ii) otherwise deal with the war memorial in 2 a manner, or in circumstances, that the 3 person knows, or ought reasonably be 4 expected to know, is or are likely to 5 cause offence to a reasonable person; or 6 (b) a war memorial area, means -- 7 (i) destroy the war memorial area; or 8 (ii) damage, or deface, the war memorial 9 area in a manner, or in circumstances, 10 that the person knows, or ought 11 reasonably be expected to know, is or 12 are likely to cause offence to a 13 reasonable person; or 14 (iii) otherwise deal with the war memorial 15 area in a manner, or in circumstances, 16 that the person knows, or ought 17 reasonably be expected to know, is or 18 are likely to cause offence to a 19 reasonable person; 20 multi-purpose building means a building, structure, or 21 facility, that is intended -- 22 (a) for display to the public as a public memorial 23 dedicated to war remembrance; and 24 (b) for use by the public for purposes other than 25 war remembrance; 26 outdoor memorial area means -- 27 (a) a public garden, or a public park, that is a 28 public memorial dedicated to war 29 remembrance, whether or not it is also intended 30 to be used by the public for purposes other than 31 war remembrance; and page 3 Criminal Code Amendment (Interference with War Memorials) Bill 2015 s. 4 1 (b) an area of land, surrounding a war memorial, 2 that -- 3 (i) ought reasonably to be considered to be 4 intended for the purpose of displaying 5 the war memorial; and 6 (ii) is not more than 20 metres from the 7 closest point of the war memorial; and 8 (c) a public avenue of trees, or plants, that is a 9 public memorial dedicated to war 10 remembrance, whether or not it is also intended 11 to be used by the public for purposes other than 12 war remembrance; and 13 (d) the area beneath or between trees, or plants, to 14 which paragraph (c) applies; 15 war memorial means a war monument that is lawfully 16 erected in a public place and includes -- 17 (a) a plinth, or base, on which such a monument is 18 situated; and 19 (b) a war monument that is situated within a war 20 memorial area; 21 but does not include a multi-purpose building; 22 war memorial area means -- 23 (a) an outdoor memorial area; and 24 (b) a multi-purpose building; 25 but does not include a war memorial situated in a war 26 memorial area; 27 war monument means a statue, obelisk, cenotaph, 28 plaque, building, or other man-made object, that is 29 intended for display to the public as a public memorial 30 dedicated to war remembrance; page 4 Criminal Code Amendment (Interference with War Memorials) Bill 2015 s. 5 1 war remembrance means for the remembrance of 2 persons, collectively, who -- 3 (a) have served in war; or 4 (b) have died in war or as a result of any war or 5 warlike operations in which Australians have 6 been on active service; or 7 (c) have died during or as a result of active service. 8 5. Section 446 amended 9 In section 446(1) delete "444 or 445" and insert: 10 444, 445 or 446A 11 12
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