New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 8

8 Damaging or desecrating protected places

(1) In this section:
"protected place" means a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial.
"war memorial" means a war memorial located in a public place, and (without limitation) includes:

(a) the Anzac Memorial in Hyde Park, Sydney, being:

(i) the memorial building referred to in the Anzac Memorial (Building) Act 1923 , and

(ii) the land described in the Schedule to that Act, and

(iii) any other structure on that land, and

(b) any other place prescribed under subsection (4) as a war memorial for the purposes of this section.

(2) A person must not wilfully damage or deface any protected place.

Maximum penalty: 40 penalty units.

(3) A person must not commit any nuisance or any offensive or indecent act in or on any war memorial.

Maximum penalty: 20 penalty units.

(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.

(4) The regulations may prescribe a place (within a public place) as a war memorial for the purposes of this section, comprising:

(a) a specified shrine, monument, statue or other structure or place, and

(b) a specified area (if any) within its vicinity.