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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
War Memorial Legislation Amendment
(Increased Penalties) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Summary Offences Act 1988 No 25 2
4 Amendment of Anzac Memorial (Building) Act 1923 No 27 2
5 Amendment of Anzac Memorial (Building) By-laws 1937 2
6 Repeal of Act 2
Schedule 1 Amendment of Summary Offences Act 1988 3
Schedule 2 Amendment of Anzac Memorial (Building) Act 1923 4
Schedule 3 Amendment of Anzac Memorial (Building) By-laws 1937 5
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
War Memorial Legislation Amendment
(Increased Penalties) Bill 2007
Act No , 2007
An Act to amend the Summary Offences Act 1988, the Anzac Memorial (Building)
Act 1923 and the Anzac Memorial (Building) By-laws 1937 to increase penalties for
certain offences relating to war memorials under the Summary Offences Act 1988 and
the By-laws; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 War Memorial Legislation Amendment (Increased Penalties) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the War Memorial Legislation Amendment (Increased
Penalties) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in Schedule 1.
4 Amendment of Anzac Memorial (Building) Act 1923 No 27
The Anzac Memorial (Building) Act 1923 is amended as set out in
Schedule 2.
5 Amendment of Anzac Memorial (Building) By-laws 1937
The Anzac Memorial (Building) By-laws 1937 are amended as set out in
Schedule 3.
6 Repeal of Act
(1) This Act is repealed on the day following the date of assent to this Act.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
War Memorial Legislation Amendment (Increased Penalties) Bill 2007
Amendment of Summary Offences Act 1988 Schedule 1
Schedule 1 Amendment of Summary Offences Act
1988
(Section 3)
[1] Section 8 Damaging or desecrating protected places
Omit the penalty provision to section 8 (2). Insert instead:
Maximum penalty: 40 penalty units.
[2] Section 8 (3)
Omit the penalty provision. Insert instead:
Maximum penalty: 20 penalty units.
[3] Section 8 (3A)
Insert after section 8 (3):
(3A) Instead of imposing a fine on a person under this section, the
court:
(a) may make an order under section 8 (1) of the Crimes
(Sentencing Procedure) Act 1999 directing the person to
perform community service work, or
(b) may make an order under section 5 (1) of the Children
(Community Service Orders) Act 1987 requiring the
person to perform community service work,
as the case requires.
Page 3
War Memorial Legislation Amendment (Increased Penalties) Bill 2007
Schedule 2 Amendment of Anzac Memorial (Building) Act 1923
Schedule 2 Amendment of Anzac Memorial
(Building) Act 1923
(Section 4)
[1] Section 9 By-laws
Omit "20 penalty units" from section 9 (3). Insert instead "40 penalty units".
[2] Section 9 (4A)
Insert after section 9 (4):
(4A) Instead of imposing a fine on a person for an offence under a
by-law that results in damage to, or the defacing of, the Memorial
Building or any part of the land described in the Schedule, the
court:
(a) may make an order under section 8 (1) of the Crimes
(Sentencing Procedure) Act 1999 directing the person to
perform community service work, or
(b) may make an order under section 5 (1) of the Children
(Community Service Orders) Act 1987 requiring the
person to perform community service work,
as the case requires.
[3] Section 11 Compensation
Omit "20 penalty units" from section 11 (1). Insert instead "40 penalty units".
Page 4
War Memorial Legislation Amendment (Increased Penalties) Bill 2007
Amendment of Anzac Memorial (Building) By-laws 1937 Schedule 3
Schedule 3 Amendment of Anzac Memorial
(Building) By-laws 1937
(Section 5)
[1] By-laws 10, 11 and 1315
Omit the penalty provision to By-laws 10, 11 and 1315. Insert instead:
Maximum penalty: 20 penalty units.
[2] By-law 12
Omit the penalty provision to By-law 12. Insert instead:
Maximum penalty: 40 penalty units.
Page 5
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