Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026

Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026

An Act to amend the Police Offences Act 1935 and to consequentially amend the Sentencing Act 1997

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Police Offences Amendment (Increased Penalties for Damage to Tasmanian War Memorials) Act 2026 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

PART 2 - Police Offences Act 1935 Amended

4.   Principal Act

In this Part, the Police Offences Act 1935 is referred to as the Principal Act.

5.    Section 37AAA amended (Interference with war memorials)

Section 37AAA of the Principal Act is amended as follows:

(a) by omitting the penalty from subsection (1) ;

(b) by inserting the following subsections after subsection (1) :

(1A)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not less than 25 penalty units and not more than 500 penalty units; or

(b) imprisonment for a term not exceeding 3 years.

(1B)  In addition to any other penalty that may be imposed in respect of an offence against subsection (1) , the court –

(a) if it considers it reasonable in the circumstances, is to make a community correction order, under the Sentencing Act 1997, that requires the person convicted of the offence to perform a period of community service in the community where the offence occurred; and

(b) may also impose such other sanctions, and make such other orders, as the court considers appropriate in the circumstances.

PART 3 - Sentencing Act 1997 Amended

6.   Principal Act

In this Part, the Sentencing Act 1997 is referred to as the Principal Act.

7.    Section 67 amended (Interpretation of Division)

Section 67 of the Principal Act is amended by omitting " section 37 of the Police Offences Act 1935 " from the definition of unlawfully injuring property and substituting "section 37 or 37AAA of the Police Offences Act 1935".

[Second reading presentation speech made in:

House of Assembly on 18 MARCH 2026

Legislative Council on 12 AUGUST 2026]