Tougher penalties for vandalising war memorials in Tasmania have passed through parliament, with the new laws described as the most comprehensive in the country.
Liberal Bass MP Michael Ferguson introduced the private member’s bill in response to recent vandalism incidents, including damage to the St Helens Cenotaph earlier this year.
The legislation passed on Vietnam Veterans Day, marking the 60th anniversary of the Battle of Long Tan on August 18, 1966.
The previous maximum prison term for interfering with a war memorial was 12 months.
The Legislative Council amended Ferguson’s original proposal of seven years down to three, tripling the existing maximum.
The new laws also introduce a mandatory minimum fine of 25 penalty units and increase the maximum financial penalty to 500 penalty units.
Courts will be able to order offenders to pay for the damage they cause and perform community service in the community where the offence occurred.
Ferguson said the vandalism of the St Helens Cenotaph had been “deeply distressing for the community and for many veterans across the State.”
“The damage is much more than property crime,” he said.
“It is an affront to the memory of those who served and sacrificed and is an insult to the whole community.”
Ferguson said he regretted the reduction from seven years but noted the bill still represented a substantial strengthening of existing laws.
“Damage war memorials and you will face the most comprehensive legal response in Australia,” he said.
He thanked RSL Tasmania, its president Mike Gallagher, chief executive John Hardy and Clair Norton from the St Helens RSL Sub-Branch for their advocacy.
Hardy said the bill sent a clear message.
“Our cenotaphs and war memorials are sacred places of remembrance,” he said.
“When we protect these memorials, we are not simply protecting stone and bronze,” Hardy said.
“We are protecting the memory of those who served, the sacrifice of their families and an important part of the history and identity of the communities they called home.”
Labor supported the bill, with Opposition Leader Josh Willie and Lyons MP Jen Butler speaking in favour of both the legislation and the Legislative Council amendment.
The Greens opposed the bill despite supporting the amendment to reduce the maximum sentence.
Greens MP Tabatha Badger said the party was “not condoning vandalism of war memorials” but opposed the legislation because it was “a significant misapplication of the law.”
Independent Franklin MP Peter George also opposed the bill, saying he was against mandatory minimum penalties as a matter of principle.
“It’s not for this parliament to set minimum sentences or penalties as a matter of principle,” George said.
“It’s a matter for judges and magistrates to impose penalties and sentences that fit particular circumstances of the crime and of the offender.”
Ferguson praised Dobson’s Monumental Masons, who travelled from Hobart to St Helens to repair the damaged cenotaph at no cost.
“This bill has never been about politicians or politics,” he said.
“It’s about what our country believes, what our state believes about the men and women who have served this country.”
