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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Arms, Symbols and Emblems Bill
2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 State arms or symbols to be used for all official purposes 3
5 Replacement of Royal arms of the United Kingdom 3
6 Unauthorised use of State arms and State symbols 4
7 Nature of proceedings for offences 5
8 Amendment of Unauthorised Documents Act 1922 No 6 5
Schedule 1 State arms 6
Schedule 2 State symbols 7
Schedule 3 State emblems 9
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2004
New South Wales
State Arms, Symbols and Emblems Bill
2004
Act No , 2004
An Act with respect to the use of the arms, symbols and emblems of the State.
Clause 1 State Arms, Symbols and Emblems Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the State Arms, Symbols and Emblems Act 2004.
2 Commencement
This Act commences on the date of assent.
3 Definitions
In this Act:
Heritage Council means the Heritage Council of New South Wales
established under the Heritage Act 1977.
official purpose does not include a merely historical or heritage
purpose (such as the purpose of a museum or historical exhibition).
Royal arms of the United Kingdom means the arms of sovereignty
and dominion borne by Her Majesty Queen Elizabeth II in her
capacity as Queen of the United Kingdom of Great Britain and
Northern Ireland (as used in England, Scotland or any other part of
that kingdom) or by any of her predecessors in the sovereignty of
that kingdom or any part of it, which are also collectively known as
the Royal arms, and includes any arms that replace those arms.
State arms means the armorial ensigns and supporters the blazon of
which is set out in Part 1 of Schedule 1 and an indicative
monochrome depiction of which is set out in Part 2 of Schedule 1.
The State arms may be depicted in the colours set out in the blazon
or in monochrome.
State emblem means any flower, animal, bird or other animate or
inanimate object the description of which is set out in Schedule 3.
State symbols means:
(a) the State badge the blazon of which is set out in Part 1 of
Schedule 2 and an indicative monochrome depiction of which
is set out in Part 2 of Schedule 2 (the State badge may be
depicted in the colours set out in the blazon or in
monochrome), and
(b) the State flag a description of which is set out in Part 1 of
Schedule 2 and an indicative monochrome depiction of which
is set out in Part 2 of Schedule 2, and
Page 2
State Arms, Symbols and Emblems Bill 2004 Clause 4
(c) any other symbol or thing the blazon or a description of which
is set out in Part 1 of Schedule 2 and an indicative
monochrome depiction of which is set out in Part 2 of
Schedule 2.
to use the State arms or a State symbol includes to display the State
arms or State symbol.
4 State arms or symbols to be used for all official purposes
(1) Whenever after the commencement of this Act, in a Parliament
building, a courthouse, an office or official residence of the
Governor or a Government office, in any other building or place, or
on any official seal or document, or in any other connection, arms
representing the authority of the Crown or the State are to be used
for any official purpose, the State arms are or a State symbol is to be
used, and not the Royal arms of the United Kingdom.
(2) The State arms and each State symbol may be depicted in any
manner that is consistent with the relevant blazon or description in
Schedule 1 or 2.
(3) The Premier may adopt, and from time to time amend, guidelines to
assist government departments and instrumentalities and others in
the proper use of State arms and State symbols.
(4) The State arms may be used with such external ornaments as are
consistent with their status as arms and symbols of dominion and
sovereignty.
5 Replacement of Royal arms of the United Kingdom
(1) As soon as practicable after the commencement of this Act, any
Royal arms of the United Kingdom used to represent the authority
of the Crown in right of the State or the State in or on any public
building, or public place that is the property of the Crown in right of
the State or of the State and is intended to represent the authority of
the Crown in right of the State or of the State, are to be removed and
replaced by the State arms.
(2) As soon as practicable (but in any event within 3 years) after the
commencement of this Act, any Royal Arms of the United Kingdom
on any document, seal or other object (not being a fixture or
otherwise part of a building) that is the property of the Crown in
right of the State or of the State, and is intended to be used to
represent the authority of the Crown in right of the State or of the
State, are to be removed and replaced by the State arms.
Page 3
Clause 6 State Arms, Symbols and Emblems Bill 2004
(3) Subsection (1) does not apply in relation to a building or place in
respect of which the Premier, after consultation with the Heritage
Council, determines that the Royal arms of the United Kingdom
there displayed form an integral part of an item of the environmental
heritage of the State.
(4) In any building or place to which subsection (1) does not apply
because of subsection (3), the State arms must be used and displayed
in a prominent position to represent the authority of the Crown in
right of the State or the State, as the case may be, in addition to the
Royal arms of the United Kingdom while they continue to be
displayed there.
(5) Sculpted arms, or arms in any durable form, that are removed in
accordance with this section are to be housed or otherwise dealt with
in such manner as the Premier, after consultation with the Heritage
Council, may direct. Such a direction is to be aimed at their being
housed or otherwise dealt with in a manner that, whether they are to
be held in public or private ownership, will ensure their appropriate
conservation, interpretation and display as part of the constitutional,
legal, cultural and artistic heritage of the State.
(6) Consultation with the Heritage Council is sufficient for the purposes
of this section if the Premier has requested advice from the Council
about the matter concerned and has taken into consideration any
response received from the Council within 60 days of making the
request.
6 Unauthorised use of State arms and State symbols
(1) A person must not print, issue or use the State arms or a State
symbol in connection with any trade, business, calling or profession,
or the collection of debts, without the authority of the Governor or
Attorney General proof of which lies on the person.
(2) This section does not require any such authority for a person to fly
the State flag.
(3) In this section, State arms and State symbol include any arms or
symbol so nearly resembling the State arms or a State symbol as to
be likely to deceive.
Maximum penalty: 100 penalty units.
Page 4
State Arms, Symbols and Emblems Bill 2004 Clause 7
7 Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with
summarily before a Local Court.
8 Amendment of Unauthorised Documents Act 1922 No 6
Section 3 of the Unauthorised Documents Act 1922 is repealed.
Page 5
State Arms, Symbols and Emblems Bill 2004
Schedule 1 State arms
Schedule 1 State arms
(Section 3)
Part 1 Blazon
Azure a cross argent voided gules charged in the centre chief point
with a lion passant guardant, and on each member with a mullet of
eight points or between in the first and fourth quarters a fleece or
banded argent and in the second and third quarters a garb also or:
And for a crest, on a wreath of the colours a rising sun each ray
tagged with a flame of fire proper: And for the supporters, on the
dexter side a lion rampant guardant: And on the sinister side a
kangaroo both or, together with this motto, "Orta Recens Quam
Pura Nites," (Recently arisen, how brightly you shine)
Note. At the commencement of this Act, the State arms were the armorial
ensigns and supporters assigned for New South Wales by Royal warrant of His
Majesty King Edward VII on 11 October 1906.
Part 2 Indicative monochrome depiction
State arms
Page 6
State Arms, Symbols and Emblems Bill 2004
State symbols Schedule 2
Schedule 2 State symbols
(Section 3)
Part 1 Blazon or description of symbol
State badge--Argent, on a cross gules a lion passant guardant or,
between four stars of eight points also or.
Note. At the commencement of this Act, the State badge was the former
colonial badge adopted by the then Governor by notification in the Gazette of
15 February 1876.
State flag--The British Blue Ensign, being a dark blue flag with the
Union Flag (also known as the Union Jack) in canton, bearing in the
fly the State badge.
Note. At the commencement of this Act, the State flag was the former colonial
flag adopted following the gazettal of the State badge on 15 February 1876.
Part 2 Indicative monochrome depiction of symbol
State badge
Page 7
State Arms, Symbols and Emblems Bill 2004
Schedule 2 State symbols
State flag
Page 8
State Arms, Symbols and Emblems Bill 2004
State emblems Schedule 3
Schedule 3 State emblems
(Section 3)
The animal emblem of New South Wales is the platypus
(Ornithorhynchus anatinus).
The bird emblem of New South Wales is the kookaburra (Dacelo
novaeguineae).
The floral emblem of New South Wales is the waratah (Telopea
speciosissima).
The state fish of New South Wales is the blue groper (Achoerodus
viridis).
Page 9
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