Flag And Emblem Act 1985 (NT)
NORTHERN TERRITORY OF AUSTRALIA
FLAG AND EMBLEM ACT 1985
As in force at 14 October 2015
NORTHERN TERRITORY OF AUSTRALIA
As in force at 14 October 2015
FLAG AND EMBLEM ACT 1985
An act to control the use of the Northern Territory Arms, flag and emblems
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Administrator by notice in the
In this Act, unless the contrary intention appears:
(a) a Territory Badge; or
(b) an official emblem of the Territory,
and includes any other emblem that so nearly resembles an emblem so declared as to be likely to deceive or be capable of being mistaken for an emblem so declared.
(1) The Minister may, by instrument in writing, delegate to a person any of his powers and functions under this Act, other than this power of delegation.
(2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purpose of this Act, be deemed to have been exercised or performed by the Minister.
(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.
The Arms of the Territory described in Schedule 1, being the Arms a reproduction of which is set out in Schedule 2, are the Arms of the Territory.
(1) Subject to subsection (2), the Minister may, by notice in writing, authorize a person to use the Arms of the Territory.
(2) The Minister shall not authorize under subsection (1) the use of the Arms of the Territory except for Territory Government purposes or bona fide educational purposes within the Territory.
(3) 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 or upon which appears,
the Arms of the Territory or Arms or any token insignia, emblem or other thing that so nearly resembles the Arms of the Territory as to be likely to deceive or be capable of being mistaken for the Arms of the Territory is guilty of an offence.
Maximum penalty: 4 penalty units, and 0.8 penalty unit for each day during which the offence continues.
(4) 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.
The flag described in Schedule 3, being the flag a reproduction of which is set out in Schedule 4, is the Flag of the Territory.
The Administrator may, by notice in the
(a) a Territory Badge; or
(b) an official emblem of the Territory.
(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.
(1) The Minister may make and cause to be published rules for the use of declared emblems.
(2) The rules may prescribe penalties not exceeding 4 penalty units for a contravention or breach of the rules and, in addition, penalties not exceeding 0.8 penalty unit for each day during which such a contravention or breach occurs.
Proceedings for an offence against this Act or the rules shall not be instituted except by or with the consent in writing of the Attorney-General or Director of Public Prosecutions.
Where by or under an Act the use of the Arms of the Territory or a representation thereof, in whatever terms described, is prescribed for a document, form, seal or otherwise as a mark of authority of the Crown, the use for that purpose of a representation of the Arms of the Territory, in the form in which that armorial insignia is or was, at the material time, granted, shall be taken to be and to have always been a sufficient compliance in law with that prescription.
Section 5
For Arms, Tenny, representations in the Australian Aboriginal manner of an Arnhem Land rock painting of a woman with stylised internal anatomy between in dexter chief and base two symbolic representations of campsites joined by journey or path markings in the manner of the Central Australian Aboriginals and in sinister chief and base the like all Argent; and for a Crest: Upon a Wreath of the Colours a Wedge tailed Eagle (
section 5
(Refer pamphlet copy)
section 7
The Flag of the Territory incorporates the three official Territory colours of black, white and ochre and the official Territory floral emblem, Sturt’s Desert Rose. The floral emblem resides in white on an ochre panel which is flanked on the left by a black panel on which is set five white stars representing the form of the constellation of the Southern Cross. The stylised Sturt’s Desert Rose on the ochre panel has seven petals with a seven pointed star in the centre, symbolising the six Australian States and the Territory.
section 7
(Refer pamphlet copy)
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 18 June 1985 | |
Commenced | 18 September 1985 ( | |
Assent date | 11 June 1990 | |
Commenced | 21 January 1991 (s 2, s 2 | |
Assent date | 31 August 2011 | |
Commenced | 21 September 2011 ( | |
Assent date | 18 September 2015 | |
Commenced | 14 October 2015 ( | |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
s 6 amd No. 27, 2011, s 3
s 9 amd No. 27, 2011, s 3
s 10 rep No. 26, 2015, s 38
s 11 amd No. 27, 2011, s 3
s 12 amd No. 29, 1990, s 7
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