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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Emblems of Queensland Bill
2004
Queensland
Emblems of Queensland Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 State arms, State badge and State flag
3 State arms, State badge and State flag . . . . . . . . . . . . . . . . . . . . 4
4 Unauthorised assumption, use or publication of State arms or
State badge prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Executive officers must ensure corporation complies with Act. . . 6
6 Prosecution of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Armorial insignia prescribed for use . . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Other State emblems
9 Other State emblems in sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 4 General
10 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 5 Repeal and transitional provisions
11 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Lawful authority under repealed Act . . . . . . . . . . . . . . . . . . . . . . . 9
Schedule 1 State arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Schedule 2 State badge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Schedule 3 State flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Schedule 4 Other State emblems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1 Floral emblem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Faunal emblem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Bird emblem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Gem emblem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Emblems of Queensland Bill 2004
5 Aquatic emblem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Schedule 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2004
A Bill
for
An Act relating to the State arms, State badge, State flag and
other State emblems, and to prohibit unauthorised assumption,
use or publication of the State arms or State badge
s1 4 s4
Emblems of Queensland Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Emblems of Queensland Act 4
2004. 5
2 Dictionary 6
The dictionary in schedule 5 defines particular words used in
1
7
this Act. 8
Part 2 State arms, State badge and 9
State flag 10
3 State arms, State badge and State flag 11
(1) The State arms2 are as described in schedule 1.3 12
(2) The State badge is as described in schedule 2.4 13
(3) The State flag is as described in schedule 3.5 14
4 Unauthorised assumption, use or publication of State 15
arms or State badge prohibited 16
(1) A person must not-- 17
1 Schedule 5 (Dictionary)
2 Schedule 5 (Dictionary)
3 Schedule 1 (State arms)
4 Schedule 2 (State badge)
5 Schedule 3 (State flag)
s4 5 s4
Emblems of Queensland Bill 2004
(a) assume, use or publish the State arms or State badge in 1
connection with a relevant enterprise without lawful 2
authority; or 3
(b) otherwise assume, use or publish the State arms or State 4
badge without reasonable excuse. 5
Maximum penalty--50 penalty units. 6
(2) In a proceeding, the onus is on the defendant to prove lawful 7
authority. 8
(3) In this section-- 9
lawful authority means the authority of-- 10
(a) the Queen; or 11
(b) the Governor in Council; or 12
(c) the Minister; or 13
(d) an Act; or 14
(e) a law of the Commonwealth. 15
publish includes-- 16
(a) print; and 17
(b) cause to be printed; and 18
(c) distribute, deliver or send, electronically or otherwise; 19
and 20
(d) cause to be distributed, delivered or sent, electronically 21
or otherwise; and 22
(e) publish to a single person. 23
relevant enterprise means any of the following-- 24
(a) a club or association; 25
(b) a business; 26
(c) a profession, trade or calling. 27
State arms includes anything that depicts or substantially 28
resembles the State arms. 29
State badge includes anything that depicts or substantially 30
resembles the State badge, but does not include the State 31
badge appearing as part of the State flag. 32
s5 6 s5
Emblems of Queensland Bill 2004
5 Executive officers must ensure corporation complies 1
with Act 2
(1) The executive officers of a corporation must ensure that the 3
corporation complies with this Act. 4
(2) If a corporation commits an offence against a provision of this 5
Act, each of its executive officers also commit an offence, 6
namely, the offence of failing to ensure that the corporation 7
complies with the provision. 8
Maximum penalty--the penalty for the contravention of the 9
provision by an individual. 10
(3) Evidence that the corporation has been convicted of an 11
offence against a provision of this Act is evidence that each of 12
its executive officers committed the offence of failing to 13
ensure that the corporation complies with the provision. 14
(4) However, it is a defence for an executive officer to prove 15
that-- 16
(a) if the officer was in a position to influence the conduct 17
of the corporation in relation to the offence--the officer 18
took reasonable precautions and exercised due diligence 19
to ensure the corporation complied with the provision; 20
or 21
(b) the officer was not in a position to influence the conduct 22
of the corporation in relation to the offence. 23
(5) For subsection (4)(a), it is sufficient for the executive officer 24
to prove that the act or omission that was the offence was done 25
or made without the officer's knowledge despite the officer 26
having taken reasonable precautions and exercised due 27
diligence to ensure the corporation complied with the 28
provision. 29
(6) In this section-- 30
executive officer, of a corporation, means a person who is 31
concerned with or takes part in its management, whether or 32
not the person is a director or the person's position is given the 33
name of executive officer. 34
s6 7 s8
Emblems of Queensland Bill 2004
6 Prosecution of offences 1
(1) An offence against this Act may be prosecuted-- 2
(a) summarily under the Justices Act 1886; and 3
(b) on the complaint of a person authorised in writing by the 4
Minister to make the complaint. 5
(2) A person who continues an offence against this Act after the 6
person is convicted-- 7
(a) may be charged in 1 or more complaints for periods the 8
offence continues; and 9
(b) is liable to a further penalty of not more than 10 penalty 10
units for each day on which the person continues the 11
offence. 12
7 Delegation by Minister 13
(1) The Minister may delegate to an appropriately qualified 14
officer of the department the Minister's authority to authorise 15
a person to assume, use or publish the State arms or State 16
badge. 17
(2) In this section-- 18
appropriately qualified, in relation to the exercise of a power, 19
means having the qualifications, experience or standing 20
appropriate to the exercise of the power. 21
22
Example of standing--
23
an officer's classification level in the public service
8 Armorial insignia prescribed for use 24
(1) This section applies if an armorial insignia, however 25
described, is prescribed for use under an Act for a document, 26
seal, or otherwise as a mark of authority relating to the State, 27
whether the word `State', `Queensland' or `Crown' is used. 28
(2) The use for that purpose of a representation of the State arms 29
is taken to be, and to always have been, sufficient in law to 30
comply with that prescription. 31
(3) In this section-- 32
s9 8 s 11
Emblems of Queensland Bill 2004
armorial insignia includes a representation of an armorial 1
insignia. 2
State arms includes any form in which the State arms is or 3
was granted at a material time or at any previous time. 4
Part 3 Other State emblems 5
9 Other State emblems in sch 4 6
Schedule 46 sets out other State emblems.7 7
Part 4 General 8
10 Regulation-making power 9
The Governor in Council may make regulations under this 10
Act. 11
Part 5 Repeal and transitional 12
provisions 13
11 Repeal 14
The Badge, Arms, Floral and other Emblems of Queensland 15
Act 1959 No. 39 is repealed. 16
6 Schedule 4 (Other State emblems)
7 Schedule 5 (Dictionary)
s 12 9 s 13
Emblems of Queensland Bill 2004
12 References to repealed Act 1
A reference in an Act or other document to the repealed Act 2
may, if the context permits, be taken as a reference to this Act. 3
13 Lawful authority under repealed Act 4
(1) This section applies to a person who, immediately before the 5
commencement, had lawful authority under the repealed Act. 6
(2) On the commencement, the person is taken to have lawful 7
authority under section 4.8 8
8 Section 4 (Unauthorised assumption, use or publication of State arms or State badge
prohibited)
10
Emblems of Queensland Bill 2004
Schedule 1 State arms 1
section 3(1) 2
Part 1 Heraldic description 3
For arms, per fesse the Chief Or, the Base per pale Sable and Gules, in 4
Chief a Bull's head caboshed in profile muzzled a Merino Ram's head 5
respecting each other proper, the dexter Base charged with a Garb also Or 6
and the sinister Base on a Mount a Pile of Quartz issuant therefrom a Gold 7
Pyramid in front of the Mount a Spade surmounted by a Pick saltirewise all 8
proper. 9
And for the crest, on a wreath of the Colours, a Mount thereon a Maltese 10
Cross Azure surmounted with a Royal Crown between 2 sugar-canes all 11
proper. 12
And for the Supporters, on the dexter side a Red Deer and on the sinister 13
side a Brolga wings elevated and addorsed both proper, below on a scroll 14
this motto, `Audax at Fidelis'. 15
11
Emblems of Queensland Bill 2004
Schedule 1 (continued)
Part 2 Monochrome pictoral 1
description 2
12
Emblems of Queensland Bill 2004
Schedule 2 State badge 1
section 3(2) 2
Part 1 Heraldic description 3
On a roundel Argent a Maltese Cross Azure surmounted with a Royal 4
Crown. 5
Part 2 Monochrome pictoral 6
description 7
13
Emblems of Queensland Bill 2004
Schedule 3 State flag 1
section 3(3) 2
Part 1 Written description 3
The State flag is the British Blue Ensign, consisting of a dark-blue field 4
with the Union flag occupying the upper hoist, differenced in the fly by the 5
State badge. 6
Part 2 Monochrome pictoral 7
description 8
14
Emblems of Queensland Bill 2004
Schedule 4 Other State emblems 1
section 9 2
1 Floral emblem 3
The Cooktown orchid (Dendrobium bigibbum 4
var. phalaenopsis) is the State's floral emblem. 5
2 Faunal emblem 6
The koala (Phascolarctos cinereus) is the State's faunal 7
emblem. 8
3 Bird emblem 9
The brolga (Grus rubicunda) is the State's bird emblem. 10
4 Gem emblem 11
The sapphire, of any colour, is the State's gem emblem. 12
5 Aquatic emblem 13
The barrier reef anemone fish (Amphiprion akindynos) is the 14
State's aquatic emblem. 15
15
Emblems of Queensland Bill 2004
Schedule 5 Dictionary 1
section 2 2
State arms means the coat of arms of the State. 3
State badge means the badge of the State. 4
State emblem means an emblem of the State. 5
State flag means the flag of the State. 6
© State of Queensland 2004
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