Northern Territory Consolidated Acts

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FLAG AND EMBLEM ACT - SECT 9

Improper use of declared emblem an offence

    (1)     The Minister may, by notice in writing, authorize a person to use a declared emblem, either without defacement or defaced in a manner specified in the notice.

    (2)     A person who, directly or indirectly, without the prior written authority under subsection (1) of the Minister:

        (a)     assumes, uses or otherwise deals with or causes to be assumed, used or otherwise dealt with; or

        (b)     prints, publishes, manufactures, sells or offers or exhibits for sale or causes to be printed, published, manufactured, sold or offered or exhibited for sale or sends, distributes or delivers to or serves on, or causes to be sent, distributed or delivered to, or served on, a person, any writing, material or object in which or on which appears,

a declared emblem for any trade, business, calling, profession or commercial purpose, or in connection with a club or any body or association of persons (including, but without limiting the generality of this subsection, a club or body or association of persons formed for the purpose of playing a game or athletic sport) or in such a manner as to suggest that the writing, material or object has official significance, is guilty of an offence.

Maximum penalty:     4 penalty units and 0.8 penalty unit for each day during which the offence continues.

    (3)     In proceedings under this section, if a person is named in the writing, on material or an object referred to in this section in such manner as to imply that he is the printer, publisher, manufacturer, seller or sender of it, that person shall, unless the contrary is proved, be taken to be the person who printed, published, manufactured, sold or sent that writing, material or object.



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