City of Canberra Arms Act 1932 (ACT)

City of Canberra Arms Act 1932   

A1932-3

Republication No 4

Effective:  12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007‑3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the City of Canberra Arms Act 1932 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

City of Canberra Arms Act 1932

Contents

Page

1            Name of Act  2

2            Dictionary  2

3            Notes  2

4            Meaning of City of Canberra Arms  2

5Offences against Act—application of Criminal Code etc 3

6            Unauthorised use of City of Canberra Arms  3

Dictionary4

Endnotes

1            About the endnotes  5

2            Abbreviation key  5

3            Legislation history  6

4            Amendment history  7

5            Earlier republications  7

City of Canberra Arms Act 1932

An Act for the protection of the arms of the City of Canberra

1. Name of Act

   This Act is the City of Canberra Arms Act 1932.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘City of Canberra Arms—see section 4.’ means that the term ‘City of Canberra Arms’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Meaning of City of Canberra Arms

   In this Act:

   City of Canberra Arms means the Arms and Crest of the City of Canberra granted by royal warrant to the Federal Capital Commissioners, Australia, appointed under the Seat of Government (Administration) Act 1924 (Cwlth), and their successors in their corporate capacity, and includes the Supporters to those Arms.

5. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6. Unauthorised use of City of Canberra Arms

   (1)A person commits an offence if the person uses in relation to any trade, business, calling or profession—

   (a)the City of Canberra Arms; or

   (b)arms or a device or design that is likely to be taken to be the City of Canberra Arms.

   Maximum penalty:  30 penalty units.

   (2)An offence against this section is a strict liability offence. 

   (3)This section does not apply in relation to a use authorised by the Minister.

   (4)If, in a prosecution for an offence against this section, it is proved that the City of Canberra Arms or the other arms, device or design was displayed on any goods manufactured, produced, sold or offered for sale by the defendant, it is presumed, unless the contrary is proved, that the defendant used it in relation to a trade, business, calling or profession.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Minister (see s 162)

·     penalty unit (see s 133).

City of Canberra Arms—see section 4.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the City of Canberra Ordinance 1932 Ord1932-3 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   Legislation before becoming Territory enactment

   City of Canberra Arms Act 1932 A1932‑3

   notified 11 February 1932
   commenced 11 February 1932

   as amended by

   Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19

   notified 23 December 1966
   commenced 23 December 1966

   Legislation after becoming Territory enactment

   Statute Law Revision (Penalties) Act 1998 A1998‑54 sch

   notified 27 November 1998 (Gaz 1998 No S207)
   s 1, s 2 commenced 27 November 1998 (s 2 (1))
   sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 61

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 61 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.12

   notified LR 27 October 2005

   s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
   sch 1 pt 1.12 commenced 24 November 2005 (s 2)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.16

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
   sch 3 pt 3.16 commenced 12 April 2007 (s 2 (1))

2. Amendment history

   Dictionary

   s 2om A2001‑44 amdt 1.719

   ins A2007‑3 amdt 3.68

   Notes

   s 3sub A2007‑3 amdt 3.68

   Meaning of City of Canberra Arms

   s 4am Ord1966‑19; A1998‑54 sch

   sub A2005‑54 amdt 1.76; A2007‑3 amdt 3.68

   Offences against Act—application of Criminal Code etc

   s 5ins A2005‑54 amdt 1.76

   Unauthorised use of City of Canberra Arms

   s 6ins A2005‑54 amdt 1.76

   Dictionary

   dict ins A2007‑3 amdt 3.69

   def City of Canberra Arms ins A2007‑3 amdt 3.69

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord1966‑19	31 May 1991
2	A2001‑44	16 July 2002
3	A2005‑54	24 November 2005