Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every person who,
directly or indirectly, without the previous written authority of Her Majesty,
or of any member of the Royal Family, or of any Government Department in the
United Kingdom, or of the Governor-General or Governor or other person
administering the Government of any part of Her Majesty’s Dominions
(exclusive of the United Kingdom), or of any Government Department in any such
part of Her Majesty’s Dominions, or without the authority of any Act or
Ordinance in force in any part of Her Majesty’s Dominions (including the
United Kingdom) —
(a)
prints, publishes, manufactures or uses or causes to be printed, published,
manufactured or used; or
(b)
sends, distributes or delivers to, or serves on, or causes to be sent,
distributed or delivered to, or served on, any person,
any document, material
or object in or upon which the Royal Arms or the Arms of any part of Her
Majesty’s Dominions, or Arms or any token insignia or emblem so nearly
resembling the Royal Arms or the Arms of any part of Her Majesty’s
Dominions as to be likely to deceive or be capable of being mistaken for the
same, appear —
(c) for
any commercial purpose; or
(d) in
such a manner as to suggest that the document, material or object has official
significance,
shall be guilty of an
offence and is liable to a penalty of $500 but this subsection shall not apply
to or in relation to the promotion, sale or use of any document, material or
object printed, published or manufactured with the authority referred to in
this subsection.
(2) In any proceedings
in respect of an offence under this section the onus of proving that authority
has been duly given shall lie upon the person charged.
(3) In any charge of
an offence under this section it shall be sufficient to set forth that the act
was done without due authority instead of setting forth in the words of
subsection (1) that the act was done without the authority referred to in
that subsection.
(4) In any proceedings
under this section, if any person is named on any paper, writing or object
mentioned in this section in such manner as to imply that he is the printer,
publisher, manufacturer, seller or sender of the same, that person shall prima
facie be deemed to be the person who printed, published, manufactured, sold or
sent that paper, writing or object.
[Section 3 amended by No. 84 of 2004 s. 80.]