(1)  A person who, without reasonable or lawful excuse, interferes with a war memorial or a war memorial area is guilty of a crime.

Charge:  Interfering with a war memorial [ or a war memorial area].

(2)  In this section –

interfere , in relation to –

(a) a war memorial, means –

(i) destroy, damage, move, or deface, the war memorial; or

(ii) otherwise deal with the war memorial in a manner, or in circumstances, that the person knows, or ought reasonably be expected to know, is or are likely to cause offence to a reasonable person; or

(b) a war memorial area, means –

(i) destroy the war memorial area; or

(ii) damage, or deface, the war memorial area in a manner, or in circumstances, that the person knows, or ought reasonably be expected to know, is or are likely to cause offence to a reasonable person; or

(iii) otherwise deal with the war memorial area in a manner, or in circumstances, that the person knows, or ought reasonably be expected to know, is or are likely to cause offence to a reasonable person;

multi-purpose building means a building, structure, or facility, that is intended –

(a) for display to the public as a public memorial dedicated to war remembrance; and

(b) for use by the public for purposes other than war remembrance;

outdoor memorial area means –

(a) a public garden, or a public park, that is a public memorial dedicated to war remembrance, whether or not it is also intended to be used by the public for purposes other than war remembrance; and

(b) an area of land, surrounding a war memorial, that –

(i) ought reasonably to be considered to be intended for the purpose of displaying the war memorial; and

(ii) is not more than 20 metres from the closest point of the war memorial; and

(c) a public avenue of trees, or plants, that is a public memorial dedicated to war remembrance, whether or not it is also intended to be used by the public for purposes other than war remembrance; and

(d) the area beneath or between trees, or plants, to which paragraph (c) applies;

war memorial means a war monument that is lawfully erected in a public place and includes –

(a) a plinth, or base, on which such a monument is situated; and

(b) a war monument that is situated within a war memorial area –

but does not include a multi-purpose building;

war memorial area means –

(a) an outdoor memorial area; and

(b) a multi-purpose building –

but does not include a war memorial situated in a war memorial area;

war monument means a statue, obelisk, cenotaph, plaque, building, or other man-made object, that is intended for display to the public as a public memorial dedicated to war remembrance;

war remembrance means for the remembrance of persons, collectively, who –

(a) have served in war; or

(b) have died in war or as a result of any war or warlike operations in which Australians have been on active service; or

(c) have died during or as a result of active service.