DISCHARGED SERVICEMEN'S BADGES ACT 1964 - As at 17 July 2009 - Act 49 of 1964 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Interpretation 3. Unauthorised wearing of badges 4. Penalty and proceedings for offences Schedule DISCHARGED SERVICEMEN'S BADGES ACT 1964 - LONG TITLE An Act relating to the wearing of membership badges issued by certain associations of discharged servicemen; and for purposes connected therewith. DISCHARGED SERVICEMEN'S BADGES ACT 1964 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Discharged Servicemen’s Badges Act 1964. DISCHARGED SERVICEMEN'S BADGES ACT 1964 - SECT 2 Interpretation 2 Interpretation (1) In this Act, "Discharged servicemen’s association" means the body specified in the Schedule and any body whose name is, for the time being, added to that Schedule pursuant to subsection (2). (2) Where a request in writing is made to the Governor by any body that the name of that body be added to the Schedule and the Governor is satisfied that that body is principally comprised of a substantial number of persons who have been discharged from enlistment or appointment for service with any of Her Majesty’s Naval, Military or Air Forces or with the forces of the United Nations, the Governor may, by order published on the NSW legislation website, add the name of that body to the Schedule. DISCHARGED SERVICEMEN'S BADGES ACT 1964 - SECT 3 Unauthorised wearing of badges 3 Unauthorised wearing of badges (1) A person shall not, without lawful excuse, wear: (a) a badge of a kind issued by a discharged servicemen’s association for the purpose of indicating that a person is a member of that association, unless he is a member of that association, or (b) a badge, not being a badge referred to in paragraph (a), similar to such a badge or so nearly similar thereto as to be likely to deceive. (2) Where a person who has been, but by reason only of his failure to pay to a discharged servicemen’s association any moneys payable under the rules of that association, has ceased to be, a member of that association, would be guilty of an offence arising under paragraph (a) of subsection (1), he shall not be guilty of that offence by reason of his wearing a badge of a kind issued by that association unless: (a) he has been served, in the manner provided by those rules, with notice of his failure to pay those moneys, and (b) he has failed to pay those moneys within the time specified in the notice or, where no time is so specified, within one month after the notice has been so served. DISCHARGED SERVICEMEN'S BADGES ACT 1964 - SECT 4 Penalty and proceedings for offences 4 Penalty and proceedings for offences (1) A person guilty of an offence against this Act is liable to a penalty not exceeding 2 penalty units. (2) All proceedings for offences against this Act shall be disposed of summarily before the Local Court. DISCHARGED SERVICEMEN'S BADGES ACT 1964 - SCHEDULE Returned and Services League of Australia (New South Wales Branch). Australian Flying Corps and Royal Australian Air Force Association, New South Wales Division. Australian Legion of Ex-Servicemen and Women. Naval Association of Australia. T.B. Sailors, Soldiers’ & Airmen’s Association of New South Wales Incorporated. The Totally and Permanently Disabled Soldiers’ Association of Australia (New South Wales Branch). NSW Association of Jewish Ex-Servicemen & Women. Partially Blinded Soldiers’ Association of Australia (New South Wales Branch). Royal Australian Armoured Corps Association of New South Wales. Thirtyniners’ Association of Australia. New South Wales Ex-Prisoners of War Association. Gallipoli Legion of Anzacs of New South Wales. DISCHARGED SERVICEMEN'S BADGES ACT 1964 - NOTES Reprint history (since 1972): Reprint No 1 29 October 1979 DISCHARGED SERVICEMEN'S BADGES ACT 1964 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsDischarged Servicemen’s Badges Act 1964 No 49. Assented to 9.12.1964. This Act has been amended as follows: _____________________________________________________________________________ | | |Decimal Currency Act | | | |1965. Assented to 20.12.1965. | |1965|No 33| | | | |Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and | | | |the Currency Act | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1992. Assented to | | | |18.5.1992. | |1992|No 34| | | | |Date of commencement of the provision of Sch 2 relating to the | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1993. Assented to | | | |15.6.1993. | |1993|No 46| | | | |Date of commencement of the provision of Sch 1 relating to the | | | |Discharged Servicemen’s Badges Act 1964, 19.4.1996, Sch 1 and GG| |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |1999|No 31|Act 1999. Assented to 7.7.1999. | | | | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2003|No 40|Act 2003. Assented to 22.7.2003. | | | | | |_____________________________________________________________________________| | | |Miscellaneous Acts (Local Court) | | | |Amendment Act 2007. Assented to 13.12.2007. | |2007|No 94| | | | |Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2009|No 56|Act 2009. Assented to 1.7.2009. | | | | | |_____________________________________________________________________________| This Act has also been amended pursuant to an order under secs 8 (2), 9 (3) and 9A of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 15.10.1979, and published in GG No 142 of 19.10.1979, p 5277, declaring that the Discharged Servicemen’s Badges Act 1964 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply. Order dated 15.10.1979, and published in GG No 142 of 19.10.1979, p 5277. Table of amendmentsNo reference is made to certain amendments made by the Decimal Currency Act 1965 or the Reprints Act 1972. ____________________________________________________________________________ |____________________________________________________________________________| |____________________________________________________________________________| | |Am GG No 44 of 19.3.1965, p 900; GG No 60 of 15.4.1965, p 1201; GG No | |Sch |81 of 11.6.1965, p 1823; GG No 134 of 15.10.1965, p 3371; GG No 158 of| | |10.12.1965, p 4085; GG No 69 of 23.6.1967, p 2220; GG No 142 of | |____________________________________________________________________________|