Flags, Emblems, and Names Protection Act 1981

1: Short Title and commencement
1: This Act may be cited as the Flags, Emblems, and Names Protection Act 1981.
2: This Act shall come into force on 1 January 1982.
2: Interpretation
In this Act, unless the context otherwise requires,— coat of arms arms emblem government department Minister Ministry the New Zealand Red Ensign the New Zealand White Ensign Schedule proper name registering authority
a: the Registrar of Incorporated Societies under the Incorporated Societies Act 1908
b: the Registrar of Industrial and Provident Societies under the Industrial and Provident Societies Act 1908
c: the Registrar of Trade Unions under the Trade Unions Act 1908
d: the Registrar of Friendly Societies and Credit Unions under the Friendly Societies and Credit Unions Act 1982
e: the Commissioner of Designs under the Designs Act 1953
f: the Commissioner of Patents under the Patents Act 2013
g: the Commissioner of Trade Marks under the Trade Marks Act 2002
h: the Registrar of Companies under the Companies Act 1993
i: the Registrar of Incorporated Societies under Part 2
j: the Registrar of Building Societies under the Building Societies Act 1965
k: the Registrar of Unions under the Employment Relations Act 2000 and also includes any other officer acting on behalf of any officer referred to in any of paragraphs (a) to (k) representation Royal the Royal New Zealand Air Force Ensign Gazette Section 2 Minister replaced 22 October 2003 section 3(1) Flags, Emblems, and Names Protection Amendment Act 2003 Section 2 Ministry inserted 22 October 2003 section 3(2) Flags, Emblems, and Names Protection Amendment Act 2003 Section 2 registering authority replaced 22 October 2003 section 3(3) Flags, Emblems, and Names Protection Amendment Act 2003 Section 2 registering authority amended 13 September 2014 section 249 Patents Act 2013 Section 2 registering authority amended 20 August 2003 section 201 Trade Marks Act 2002 Section 2 registering authority replaced 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2 registering authority replaced 22 October 2003 section 3(3) Flags, Emblems, and Names Protection Amendment Act 2003
3: Act to bind Crown
This Act binds the Crown.
4: Administration of Act
1: This Act, except section 20 Ministry
2: Section 20 Ministry of Justice Section 4(1) amended 22 October 2003 section 4(1) Flags, Emblems, and Names Protection Amendment Act 2003 Section 4(2) amended 22 October 2003 section 4(2) Flags, Emblems, and Names Protection Amendment Act 2003
1: The New Zealand Flag and Ensigns
5: New Zealand Ensign declared to be New Zealand Flag
1: The flag hitherto known as the New Zealand Ensign, being the flag depicted in Schedule 1
2: The New Zealand Flag shall be the symbol of the Realm, Government, and people of New Zealand.
3: The New Zealand Flag—
a: shall be the national flag of New Zealand for general use on land within New Zealand and, where appropriate for international purposes, overseas:
b: shall be the proper national colours to be worn by all New Zealand Government ships, and by such other New Zealand ships as may for the time being be authorised to wear the New Zealand Flag by or under the Ship Registration Act 1992 1952 No 49 s 5(1), (2); Flags Act 1953 s 3 (Aust) Section 5(3)﻿(b) amended 29 October 1992 section 88(2) Ship Registration Act 1992
6: Ensigns of New Zealand
Subject to section 8
a: the New Zealand White Ensign by regulation 2(2)
b: the marine flag of New Zealand or the New Zealand Flag by section 58
c: the Royal New Zealand Air Force Ensign, by Defence Council Orders issued under the Defence Act 1971. Section 6(b) replaced 29 October 1992 section 88(2) Ship Registration Act 1992
7: Customs flag
Nothing in this Part shall derogate from the use ascribed to the Customs flag by section 274 Section 7 amended 1 October 2018 section 443(3) Customs and Excise Act 2018
8: Saving of Her Majesty’s powers to approve alteration of New Zealand Flag
Nothing in this Part shall limit or affect Her Majesty’s powers to approve, or authorise the approval of, the alteration of the New Zealand Flag for any official purposes by the placement thereon of any letter, emblem, or representation. Flags Act 1953 s 6 (Aust)
9: Use of alternative flags
1: Notwithstanding anything in this Part or in any other Act but subject to subsection (2), the Governor-General may authorise the use on land—
a: of the New Zealand White Ensign instead of the New Zealand Flag where such use would have naval significance; or
b: of the New Zealand Red Ensign instead of the New Zealand Flag where such use would have maritime significance.
2: The Governor-General may authorise the use of a flag under subsection (1) only on the joint recommendation of the Minister and—
a: the Minister of Defence if subsection (1)﻿(a) applies; or
b: the Minister of Transport if subsection (1)﻿(b) applies.
3: Nothing in this Part or in any other Act shall limit or affect the customary use of the New Zealand Red Ensign (with or without the placement thereon of any letter, emblem, or representation) on places or occasions of Maori significance. Section 9(2) replaced 22 October 2003 section 5 Flags, Emblems, and Names Protection Amendment Act 2003
10: Rules relating to flying of New Zealand Flag
1: The Minister Gazette
a: the days or occasions on which and the times during which the New Zealand Flag shall be flown:
b: the manner in which the New Zealand Flag is to be flown, including the precedence it is to be accorded in relation to other specified flags or classes of flags:
c: without detracting from the general design depicted in Schedule 1
2: The Minister may, either in any notice issued under subsection (1) or otherwise, set out for general information and guidance rules of conduct and the etiquette to be followed in the flying or other use of the New Zealand Flag; but no such rules shall have the force of law.
3: The notice referred to in Part A Flags Act 1953 s 7 (Aust) Section 10(1) amended 22 October 2003 section 6 Flags, Emblems, and Names Protection Amendment Act 2003
11: Offences involving New Zealand Flag
1: Every person commits an offence against this Act who,—
a: without lawful authority, alters the New Zealand Flag by the placement thereon of any letter, emblem, or representation:
b: in or within view of any public place, uses, displays, destroys, or damages the New Zealand Flag in any manner with the intention of dishonouring it.
2: In this section the New Zealand Flag Schedule 1
3: In any prosecution for an offence against this section the onus of proving that any alteration of the New Zealand Flag was lawfully authorised shall be on the defendant. 1952 No 49 s 5(4)
2: Royal, vice-regal, State, and heraldic emblems and names
12: Unauthorised use of Royal and vice-regal emblems
1: Every person commits an offence against this Act who, without the authority of Her Majesty or (as the case may require) the Governor-General, displays or exhibits or otherwise uses any representation to which this subsection applies in such a manner as to be likely to cause any person to believe that he does so under the authority, sanction, approval, appointment, or patronage of Her Majesty or the Governor-General.
2: Subsection (1) applies to the following:
a: any representation of the Coat of Arms of Her Majesty or any other member of the Royal Family:
b: any representation of any Royal crown or Royal coronet or Royal cypher or Royal badge:
c: any representation of the Royal Standard, or the Sovereign’s personal flag for New Zealand:
d: any representation of the Governor-General’s flag:
e: any representation that so closely resembles any thing referred to in any of paragraphs (a) to (d) as to be likely to cause any person to believe that it is that thing.
3: In any prosecution for an offence against this section the onus of proving that any representation was used with the authority of Her Majesty or the Governor-General shall be on the defendant.
4: Nothing in this section shall limit or affect—
a: the Commercial Use of Royal Photographs Rules 1962
b: section 24 Section 12(4)﻿(b) replaced 20 August 2003 section 201 Trade Marks Act 2002
13: Unauthorised use of State emblems
1: Subject to subsection (3), every person commits an offence against this Act who displays or exhibits or otherwise uses any representation to which this subsection applies in such a manner as to be likely to cause any person to believe that he does so under the authority, sanction, approval, appointment, or patronage of Her Majesty’s Government, or of any Minister of the Crown, or of any government department.
2: Subsection (1) applies to the following:
a: any representation of the Coat of Arms of New Zealand:
b: any representation of the Seal of New Zealand:
c: any representation of any emblem or official stamp of any government department:
d: any representation that so closely resembles any thing referred to in any of paragraphs (a) to (c) as to be likely to cause any person to believe that it is that thing.
3: Subsection (1) does not apply to the use of any representation—
a: authorised by or under any other Act; or
b: with the prior written consent of the Minister; or
c: by an officer of the Crown acting in the course of his official duties.
14: Unauthorised use of words suggesting Royal or government patronage
1: Subject to subsection (4), every person commits an offence against this Act who—
a: causes any association (whether incorporated or unincorporated) to be formed under any name, title, style, or designation that includes any word or statement to which this subsection applies; or
b: publicly uses in connection with any business, trade, or occupation any word or statement to which this subsection applies.
2: Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation that includes any word or statement to which subsection (1) applies.
3: Subsection (1) applies to the following:
a: the word Royal:
b: the word Government:
c: any other word or statement that claims or implies the patronage of—
i: Her Majesty or any other member of the Royal Family; or
ii: the Governor-General; or
iii: the House of Representatives; or
iv: the Government; or
v: any Minister of the Crown; or
vi: any government department:
d: any word or statement that claims or implies connection with any society or body incorporated by Royal Charter.
4: Subsection (1) does not apply to the use of any word or statement—
a: expressly authorised by or under any other Act, or by—
i: Her Majesty or the Governor-General in any case to which paragraph (a) of subsection (3) applies; or
ii: Her Majesty, in any case to which subparagraph (i) of paragraph (c) of that subsection applies; or
iii: the Governor-General, in any case to which subparagraph (ii) of that paragraph applies; or
iv: the Speaker of the House of Representatives, in any case to which subparagraph (iii) of that paragraph applies; or
v: the Minister if subsection (3)﻿(b) or (c)﻿(iv) applies; or
vi: the appropriate Minister of the Crown, in any case to which subparagraph (v) or subparagraph (vi) of paragraph (c) of subsection (3) applies; or
b: that comprises the whole or part of the proper name of any town or road or other place, and that name is or is to be used in full by the association or (as the case may be) the person engaging in the business, trade, or occupation; or
c: that is the surname (not being a surname taken or used for the purpose of defeating the intention of this section) of a foundation member of the association or (as the case may be) of the person engaging in the business, trade, or occupation. Section 14(4)﻿(a)﻿(v) replaced 22 October 2003 section 7 Flags, Emblems, and Names Protection Amendment Act 2003
15: Advertisements claiming government patronage
1: Without limiting section 14 advertiser
a: has supplied, or is supplying, or is to supply, any goods or services to any government department; or
b: has carried out, or is carrying out, or is to carry out, any work for any government department.
2: In this section the term advertisement
3: Provisions relating to certain other names, emblems, and words
16: Unauthorised use of name and emblem of United Nations and other international organisations
1: Every person commits an offence against this Act who displays or exhibits or otherwise uses the name or emblem of the United Nations, or any word or words that incorporate that name or any such abbreviation or variation, without the authority of the Secretary-General of the United Nations.
2: The Minister
a: any specialised agency brought into relationship with the United Nations in pursuance of Article 57 of the Charter of the United Nations; or
b: any other international organisation or authority.
3: Every person commits an offence against this Act who uses any name or emblem in contravention of any provision of a notice given under subsection (2).
4: In any prosecution for an offence against subsection (1), the onus of proving that the act complained of was done with the authority of the Secretary-General of the United Nations shall be on the defendant.
5: The notices specified in Part B Summary Offences Act 1981 section 38
6: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 16(2) amended 22 October 2003 section 8 Flags, Emblems, and Names Protection Amendment Act 2003 Section 16(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Use of the word Anzac
1: The Governor-General may from time to time, by Order in Council, prohibit, regulate, or control the use in connection with any business, trade, or occupation of the word Anzac or of any other word that so closely resembles the word Anzac as to be likely to deceive or mislead any person.
2: Every person commits an offence against this Act who uses the word Anzac or any other word that so closely resembles the word Anzac as to be likely to deceive or mislead any person in contravention of any provision of an order made under subsection (1).
3: The notices specified in Part C
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18: Unauthorised use of name Returned Services’ Association
1: Subject to subsection (3), every person commits an offence against this Act who causes any association (whether incorporated or unincorporated) to be formed—
a: under the name, title, style, or designation of Returned Services’ Association or any other name, title, style, or designation that includes those words or the words Returned Services; or
b: under any name, title, style, or designation that contains the initials RSA if the use of that name is likely to lead any person to believe that the association consists of returned servicemen.
2: Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation referred to in paragraph (a) or paragraph (b) of subsection (1).
3: Subsections (1) and (2) do not apply to the use of any name, title, style, or designation—
a: with the prior consent of the Governor-General by Order ; or
b: by—
i: the Royal New Zealand Returned and Services’ Association
ii: any association whose members include
iii: any branch of any such association; or
iv: any association whose members include Royal New Zealand Returned and Services’ Association ; or
c: by any association that was registered before the passing of the Police Offences Amendment Act 1956 if the association was formed under the name, title, style, or designation or was using the name, title, style, or designation immediately before the passing of that Act.
4: An order under subsection (3)﻿(a) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(3)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3)﻿(a) amended 15 December 2005 section 3(a) Flags, Emblems, and Names Protection Amendment Act 2005 Section 18(3)﻿(b)﻿(i) amended 15 December 2005 section 3(b) Flags, Emblems, and Names Protection Amendment Act 2005 Section 18(3)﻿(b)﻿(ii) amended 15 December 2005 section 3(c) Flags, Emblems, and Names Protection Amendment Act 2005 Section 18(3)﻿(b)﻿(iv) amended 15 December 2005 section 3(d) Flags, Emblems, and Names Protection Amendment Act 2005 Section 18(3)﻿(b)﻿(iv) amended 15 December 2005 section 3(e) Flags, Emblems, and Names Protection Amendment Act 2005 Section 18(3)﻿(b)﻿(iv) amended 15 December 2005 section 3(f) Flags, Emblems, and Names Protection Amendment Act 2005 Section 18(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18A: Unauthorised use of words and emblems relating to 28th Māori Battalion
1: Subject to subsection (3), every person commits an offence against this Act who, in any business, trade, or occupation and in order to obtain money (or other property) or credit, displays, exhibits, or otherwise uses any of the following in such a manner as to be likely to cause anyone to believe that the display, exhibition, or use is under the authority, sanction, approval, appointment, or patronage of an association described in subsection (3)﻿(b)﻿(i) or (iii):
a: an emblem in Schedule 2A
b: an emblem that so closely resembles one of the emblems in Schedule 2A
c: any of the following combinations of words:
i: 28th Māori Battalion
ii: 28 Māori Battalion
iii: Māori Battalion
iv: 28th Māori Battalion Association
v: 28th Maori Battalion (NZ) Association Incorporated
vi: Te Ope Hōia Māori 28
vii: Te Ope Taua Māori 28
viii: Te Hokowhitu Māori 28
d: words that so closely resemble the combinations of words quoted in paragraph (c) as to be likely to deceive or confuse any person.
2: Subject to subsection (3),—
a: every person commits an offence against this Act who causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that includes any of the combinations of words referred to in subsection (1)﻿(c) or (d); and
b: every association (whether incorporated or unincorporated) commits an offence against this Act that carries on its activities under any name, title, style, or designation that includes any of the combinations of words referred to in subsection (1)﻿(c) or (d).
3: Subsections (1) and (2) do not apply to the use of any emblem, words, name, title, style, or designation—
a: that has been authorised by the Governor-General by Order in Council; or
b: by any of the following:
i: the 28th Maori Battalion (NZ) Association Incorporated; or
ii: a person or class of persons or an association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated; or
iii: any association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated as the successor of the 28th Maori Battalion (NZ) Association Incorporated; or
iv: a person or class of persons or an association that has been approved in writing for the purposes of this section by the successor of the 28th Maori Battalion (NZ) Association Incorporated referred to in subparagraph (iii).
4: An order under subsection (3)﻿(a) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18A inserted 5 December 2013 section 4 Flags, Emblems, and Names Protection Amendment Act 2013 Section 18A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Protection of names, uniforms, etc, of Girl Guides Association and Toc H, Incorporated
1: Every person commits an offence against this Act who uses—
a: any name, designation, uniform, or badge to which this subsection applies; or
b: any name, designation, uniform, or badge that so closely resembles any name, designation, uniform, or badge to which this subsection applies in such a manner as to be likely to lead any person to believe that it is such a thing,— without the authority of the Girl Guides Association or (as the case may require) Toc H, Incorporated.
2: Subsection (1) applies to—
a: the name Girl Guides Association and the names, designations, and badges specified in the Schedule of the first order referred to in Part D
b: the name Toc H and the button-badge described in paragraph (b) of the second order referred to in Part D
3: The orders referred to in Part D section 27
4: The Governor-General may from time to time, by Order in Council made on the advice of the Minister and at the request of the Girl Guides Association or (as the case may require) Toc H, Incorporated,—
a: amend either or both of the orders referred to in Part D
b: revoke either or both of those orders, with or without making another order in substitution therefor.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20: Unauthorised use of certain commercial names
1: Subject to subsections (4) to (6), every person commits an offence against this Act who—
a: causes any association (whether incorporated or unincorporated) to be formed under any name, title, style, or designation—
i: that includes any word or name to which this subsection applies; or
ii: that so closely resembles any word or name to which this subsection applies as to be likely to deceive or mislead any person; or
b: publicly uses in connection with any business, trade, or occupation—
i: any word or name to which this subsection applies; or
ii: any word or name that so closely resembles any word or name to which this subsection applies as to be likely to deceive or mislead any person.
2: Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation that includes any word or name to which subsection (1) applies, unless the association has been registered under that name, title, style, or designation in reliance on subsection (5).
3: Subsection (1) applies to the following:
a: the word DSIR:
b: the name Department of Scientific and Industrial Research:
c: the word Ruakura:
d: the name Wheat Research Institute:
e: the name New Zealand Soil Bureau:
f: the name New Zealand Oceanographic Institute:
g: the name Soil Conservation Centre:
h: the name Physics and Engineering Laboratory:
i: the name Institute of Nuclear Sciences:
j: the name Dominion Physical Laboratory:
k: the word NECAL:
l: the word NZGS:
m: the name Animal Research Laboratory:
n: the name Agricultural Research Centre:
o: the name Management Consultancy Services:
p: the word MAF:
q: the name New Zealand Communicable Disease Centre:
r: the name New Zealand Food Safety Authority:
s: the word NZFSA.
4: Subsections (1) and (2) do not apply to the use of any word or name where that use is expressly authorised by or under any other Act or by the Governor-General by Order in Council.
5: A registering authority may authorise the registration of any association under any name, title, style, or designation that includes any word or name to which subsection (1) applies if the Registrar is satisfied that—
a: the word or name comprises the whole or part of the proper name of any town or road or other place, and that the name is or is to be used in full by the association; or
b: the word or name is the surname (not being a surname taken or used for the purpose of defeating the intention of this section) of a foundation member of the company or incorporated society;— and, in the context in which it is used or is intended to be used, is not likely to deceive any person.
6: Nothing in this section shall prohibit or affect the use by any person of any name, title, style, designation, or word if, immediately before the commencement of this section, that use was expressly authorised by any consent, permission, approval, or authority given by any person lawfully entitled to give it.
7: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20 replaced 1 July 1992 section 46(1) Crown Research Institutes Act 1992 Section 20(3)﻿(r) added 7 July 2010 section 4 Flags, Emblems, and Names Protection Amendment Act 2010 Section 20(3)﻿(s) added 7 July 2010 section 4 Flags, Emblems, and Names Protection Amendment Act 2010 Section 20(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20AAA: Unauthorised use of King George the Fifth Memorial Children’s Health Camps Federation emblem
1: In this section, Foundation
2: Despite the repeal of section 14
3: No person may,—
a: for the purposes of sale, apply or cause to be applied to any article the emblem of the Foundation or any colourable imitation of that emblem without the prior written consent of the Foundation; or
b: knowing that the emblem of the Foundation or any colourable imitation of that emblem has been applied to any article without the prior written consent of the Foundation, sell that article, cause it to be sold, offer or expose that article for sale, or cause it to be offered or exposed for sale.
4: A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine not exceeding $2,000. Section 20AAA inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017
20A: Unauthorised use of emblems, words, and names relating to Olympic Games and Commonwealth Games
Section 20A repealed 29 August 2007 section 83 Major Events Management Act 2007
20AA: Defence
Section 20AA repealed 29 August 2007 section 83 Major Events Management Act 2007
20B: Injunction for breach of section 20A
Section 20B repealed 29 August 2007 section 83 Major Events Management Act 2007
4: Miscellaneous provisions
21: Registering authority not to register in certain cases
1: Where any Act provides for the registration of any association, then, except as provided in section 20(5)
2: Where any Act provides for the registration of any emblem, then, notwithstanding anything in that Act, the registering authority shall not register any emblem on the application of any person if the use of that emblem by that person would constitute an offence against any of the provisions of this Act.
22: Existing rights protected
Nothing in this Act shall prohibit or affect the use by any person of any emblem, name, representation, or word if, immediately before the commencement of this Act, that use was expressly authorised by any consent, permission, approval, or authority given by any person lawfully entitled to give it.
23: Emblems and names protected under other Acts
Nothing in this Act shall limit or affect any of the enactments specified in Schedule 3
24: General penalty
1: Every person who commits an offence against this Act is liable on
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $50,000 and, where the offence is a continuing one, to a further fine not exceeding $5,000 for every day during which the offence has continued.
2: This section does not apply to an offence against section 20AAA Section 24 replaced 19 December 1998 section 3 Flags, Emblems, and Names Protection Amendment Act 1998 Section 24(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24(2) inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017
25: Consent of Attorney-General required to certain prosecutions
No charging document sections 11 to 15 may be filed Section 25 amended 1 July 2013 section 413 Criminal Procedure Act 2011
26: Liability of officers of associations
Where any association (whether incorporated or unincorporated) is guilty of an offence against this Act, every officer or other person concerned in the management of the association shall be guilty of a like offence if it is proved that the act that constituted the offence took place with his authority, permission, or consent, or that he knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
26A: Power to amend Schedule 2A
Section 26A repealed 24 October 2019 section 59 Statutes Amendment Act 2019
27: Amendments and repeals
1: The enactments specified in Schedule 4
2: The enactments specified in Schedule 5