Criminal Code Act 1899

An act which causes injury to the property of another, and which is done without the owner’s consent, is unlawful unless it is authorised or justified or excused by law.

For section 469, punishment in special cases, clause 11, the destruction or damage by a person of property fixed in a cemetery or at a crematorium is unlawful unless the person is acting—

with the owner’s consent; or

with the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; or

in the reasonable belief that lawful consent mentioned in paragraph (b) has been given.

It is immaterial that the person who does the injury is in possession of the property injured, or has a partial interest in it, or an interest in it as joint or part owner or owner in common.

A person is not criminally responsible for an injury caused to property by the use of such force as is reasonably necessary for the purpose of defending or protecting himself, herself, or any other person, or any property, from injury which the person believes, on reasonable grounds, to be imminent. sch 1 pt 6 div 2 ch 45 s 458 amd 1997 No. 3 s 85; 2011 No. 7 s 7