NSW Up to 7 Years Jail and Compensation for Damaging a War Memorial

Crimes Legislation Amendment (War Memorial Offences) Bill 2025

Legislative Council

Legislative Assembly

Assent

Share this bill

Introduced by: Michael Daley MP (ALP); The Hon Tara Moriarty MLC (ALP)

Effects of this bill

If this bill passes, it means that:

A person commits a crime if they intentionally or recklessly damage a war memorial.
The maximum penalty for this offence is 7 years in prison.
The court can order a convicted person to pay up to $4,400 in compensation.
Compensation goes to the person who manages the war memorial; it covers damage or financial loss.
Compensation payments are separate from any fines or other penalties.
People who intentionally or recklessly damage or destroy a war memorial face up to 7 years jail.
The court can order a person convicted of damaging a war memorial to pay up to $4,400 in compensation to the person who manages the memorial.
This compensation is paid in addition to any other fines or penalties the person receives.

The Debate

What different members said when this bill was debated:

Robyn Preston LIB

“I am pleased to contribute to debate on the Crimes Legislation Amendment (War Memorial Offences) Bill 2025, which aims to address the known frustrations caused by deliberate damage to and desecration of our sacred war memorial sites.”

Official source →

Edmond Atalla ALP

“I contribute to debate in support of the Crimes Legislation Amendment (War Memorial Offences) Bill 2025, which is about respect—respect for our veterans, their families, the sacrifices that underpin our freedoms and the memorials that carry those stories into the future. War memorials stand at the heart of every community in Australia.”

Official source →

Michael Kemp NAT

“I make a contribution to debate on the Crimes Legislation Amendment (War Memorial Offences) Bill 2025. This country—its freedoms, its democracy—stands firm because generations of Australians stood firm. Our way of life has been hard fought for by veterans who gave their youth, their health and, in too many cases, their lives.”

Official source →

David Harris ALP

“I contribute to debate on the Crimes Legislation Amendment (War Memorial Offences) Bill 2025. I acknowledge that the Government—the Attorney General in particular—has worked very hard with organisations such as RSL NSW to bring stronger penalties. I agree with the sentiments of the member for Oxley about the importance of war memorials in New South Wales.”

Official source →

Anthony Roberts LIB

“Across New South Wales, from the smallest country hamlet to the heart of Sydney, there stand memorials to courage and sacrifice, to the men and women who gave everything for our freedom. These are not mere monuments of granite and bronze. They are sacred places, repositories of our collective gratitude and symbols of a solemn promise that we would remember them.”

Official source →

David Mehan ALP

“On 14 July 2024 the Ourimbah-Lisarow Sub-Branch of the Returned and Services League of Australia passed the following motion:”

Official source →

Hugh McDermott ALP

“I also thank and acknowledge the member for Oxley and the member for Lane Cove for their contributions and for their service. They are both veterans of overseas service with our military, and that should be noted. Many other members of this Parliament have family members who have served or served themselves.”

Official source →

News articles and press releases

Crimes Legislation Amendment (War Memorial Offences) Bill 2025

The Hon. TARA MORIARTY, Minister for Agriculture — 2025-08-07

This bill makes two amendments to strengthen those existing protections for war memorials. Firstly, it introduces an aggravated property damage offence that will see damage or destruction of war memorials punishable by imprisonment of up to seven years. Secondly, it introduces a discretionary compensation order into the Summary Offences Act that will allow a court to order that compensation be paid if an offence against section 8 of the Summary Offences Act is committed against a war memorial. This will be in addition to any criminal sanction that is imposed for the offence. The compensation order is modelled on a similar compensation provision in the Anzac Memorial (Building) Act 1923. The amendment will mean that there is a specific compensation provision applying to all war memorials in the State, not just the Anzac Memorial in Hyde Park.