Extract from NSW Legislative Assembly Hansrd – November 14, 2007

WAR MEMORIALS BILL

Mr PETER DRAPER (Tamworth) [10.33 a.m.]: I support the War Memorial Legislation Amendment (Increased Penalties) Bill 2007. The bill will amend the Summary Offences Act 1988, the Anzac Memorial (Building) Act 1923 and the Anzac Memorial (Building) By-laws 1937, doubling the maximum penalty for offences under the Summary Offences Act 1988 relating to protected places, including war memorials. The amendments will double the maximum penalty for offences under the Anzac Memorial (Building) By-laws 1937 and double the maximum amount that a person who has been convicted of an offence under those by-laws may be ordered to pay for the repair or restoration of damage caused by the commission of their offence.

I strongly support the amendments put forward by the member for Epping that would further increase the penalties for such offences. The Government proposes to increase penalties under the Summary Offences Act 1988 to 40 penalty units, which is equivalent to $4,400, for anyone who wilfully defaces any protected place, including a war memorial. The Coalition's policy is to increase the penalty to 100 penalty units, that is, $11,000. I think that the Opposition's proposal more accurately reflects community expectations regarding protecting our war memorials.

I note that the Coalition also proposes to amend the Summary Offences Act 1988 to increase the penalties for the desecration of shrines, monuments and statues, including war memorials, to match those provided for the desecration of Aboriginal sites under the National Parks and Wildlife Act 1974. That would see the penalty increase from $2,200 for wilful damage or defacing a memorial, to $11,000. Committing of any nuisance, offensive or indecent act in or on any war memorial would similarly attract an $11,000 penalty. That very much reflects community expectations.

Our war heritage is of great significance to the vast majority of Australians, but, unfortunately, there is still a minority who are prepared to desecrate or deface memorials to those incredibly brave fighting men and women who sacrificed so much to allow us the privilege of living in a free society. I also welcome Don Rowe, the President of the New South Wales Branch of the Returned and Services League, to Parliament House. Don lives up the hill, in the cooler parts of New England. I have run into Don many times at different events in Tamworth.

On Anzac Day and Remembrance Day the Tamworth community is extremely passionate about recognising our fallen and the people who have made such a strong contribution to our society. The local War Widows Guild holds a wonderful ceremony in its field of remembrance, acknowledging Australia's efforts in Sandakan, Beersheba, Korea and Vietnam, and holds a range of activities during the year. An organised tour bus visits all the local memorials; and that is why this bill is incredibly important to protect those memorials.

During the time I have had the honour of representing the electorate of Tamworth, sadly, there have been a number of instances of certain uncaring idiots treating with enormous disrespect places of great importance to our local communities. Most recently the memorial at Tambar Springs, which had a Vickers machine gun that was an integral part of the archway to the memorial, had its gun cut out and stolen by some fool. On the same night another Vickers machine gun was cut out and stolen from the Mullaley War Memorial. Both guns had been completely disabled and are of no use for anything except commemorating the strong links that those districts have with our service personnel. Both Mullaley and Tambar Springs are small communities that have only recently been included in the electorate of Tamworth, from Upper Hunter.

Residents are rightfully very proud of their villages, and equally proud of their association with war personnel and extremely proud of their memorials. The Tambar Springs memorial lays claim to being the first war memorial in Australia, because the funds used to construct it were provided by a local farming family to honour their son who lost his life defending our country. That memorial was completed before the war ended. I do not understand the mindless stupidity of someone who would desecrate something that is so important to local families and communities.

Recently I visited the Tambar Springs local school. The Principal, Elizabeth Beer, and her support staff are very proud of their school, the community and their association with our serving personnel. The students were wonderful, taking time out to talk to me, then teaching me the finer skills of Ultimate Frizbee, which was extremely entertaining. I was an enthusiastic participant, but not particularly talented. What came through very strongly during my visit was the affection and pride demonstrated by everyone I met regarding their community. A mindless act of vandalism has a significant impact on small places already struggling with the most devastating drought in our living history. Although we cannot turn back time, at least the bill will provide appropriate penalties for acts against war memorials.

Similarly, everywhere across New England and the northwest, all the small communities have a hall where they gather and hold community activities. In every hall there is an honour board. The residents have great pride in those honour boards. It is wonderful to be able to look at the history of a place and learn about the people who made such a contribution. I commend the bill to the House.

Proof, NSW Legislative Assembly Hansard