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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-12-02 Daily Xml
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Criminal Law Consolidation (Protection of War Memorials) Amendment Bill

Introduction and First Reading

Mr MALINAUSKAS (Croydon—Leader of the Opposition) (10:45): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Graffiti Control Act 2001. Read a first time.

Second Reading

Mr MALINAUSKAS (Croydon—Leader of the Opposition) (10:46): I move:

That this bill be now read a second time.

One hundred and two years ago, at 11am on the 11th day of the 11th month, silence fell on the Western Front after four years of continuous warfare. That silence marked the end of World War I. The 11th hour of the 11th day of the 11th month has rightly since attained a special significance in the postwar years. Each year, we pay our respects by holding a minute's silence that King George V said would allow for 'the thoughts of everyone to be concentrated on the reverent remembrance of the glorious dead'. I am sure that many in this place did take the opportunity on Remembrance Day to remember those who have fallen in the theatre of war and made the ultimate sacrifice for their country.

Today, we have the opportunity to implement protections for the war memorials that honour our armed forces and the sacrifice those in our defence forces made for our community. As each of us laid a wreath a little over three weeks ago, many would have realised the importance of that moment, that gesture, and what the war memorial meant. War memorials have special significance: they are a physical reminder of the bravery of the fallen and the immense loss suffered by their loved ones. For some, these memorials are also the resting place of those who provided the ultimate sacrifice for our country.

Today, I introduce the Criminal Law Consolidation (Protection of War Memorials) Amendment Bill. In the week of remembrance just passed, South Australia Police were called to guard a Remembrance Day field of crosses, where the crosses had been stolen, used as weapons and damaged by vandals. On breakfast radio on the morning of 10 November 2020, RSL South Australia President, Ms Cheryl Cates, described these acts as 'just pure, absolute disrespect and vandalism of our war dead...of remembrance to our people who have paid the ultimate sacrifice. It's just disgraceful'.

Unfortunately, the acts of that week were no outliers. In June last year, media outlets reported several other cases where the National War Memorial, proudly standing as a commemoration to all those who served our nation in World War I, had been defaced and desecrated. Shortly after those reports surfaced, I wrote to the Premier. In my correspondence, I asked:

Just as we put aside politics to remember our fallen and returned service personnel each ANZAC Day, I ask that the government and the opposition work together to ensure greater and specific offences to protect our state's war memorials from vandalism, desecration, defacement or inappropriate behaviour.

Unfortunately, that request has been rejected. The Premier suggested that the Graffiti Control Act 2001 and its penalty of 18 months' imprisonment was sufficient.

Today, I stand in this place and make the same request that I made back in June 2019 to the Premier. Today, I ask that the government and opposition work together to ensure greater and specific offences to protect our state's war memorials from vandalism, desecration, defacement and inappropriate behaviour. We stand with the RSL president on this issue and echo her sentiments and demand action.

My team and I do not feel that the protections contained within the Graffiti Control Act 2001 are enough. We believe those protections are inadequate. We believe they fail to recognise the unique nature and importance of our war memorials to the families of those we have lost, to our armed forces community and to our veterans.

Today, I proudly introduce in this place the Criminal Law Consolidation (Protection of War Memorial) Amendment Bill 2020, which seeks to establish a specific criminal offence for desecration of war memorials and their surrounds, carrying a maximum penalty of 10 years in prison. The bill serves to send a very clear message to our community and to all South Australians that war memorials and their surrounds are sacrosanct and that any vandalism, desecration, defacement or destruction is completely inappropriate behaviour.

The bill allows the courts to require offenders to restore war memorials to their same state or condition as prior to the commission of the offence or, alternatively, require them to pay the cost of any remedial action. The legislation that we seek to introduce is not controversial. The legislation we seek mirrors that in operation in New South Wales and that being called for in the United Kingdom.

I hope that we can come together to remember the sacrifice of those who died in the service of their nation. Together, I hope we can send a clear message that our war memorials serve as a reminder of the sacrifice of those who have fallen and that we afford them the protection they deserve. I urge the Premier, all those in the Liberal Party, in the government, and those on the crossbench to support this legislation.

Debate adjourned on motion of Hon. V.A. Chapman.

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