Emblems of Queensland Act 2005 (Qld)

Emblems of Queensland Act 2005

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

Part 1 Preliminary

1 Short title This Act may be cited as the Emblems of Queensland Act 2005.

2 Dictionary The dictionary in schedule 5 defines particular words used in this Act.

Part 2 State arms, State badge and State flag

3 State arms, State badge and State flag (1) The State arms are as described in schedule 1. (2) The State badge is as described in schedule 2. (3) The State flag is as described in schedule 3.

4 Unauthorised assumption, use or publication of State arms or State badge prohibited (1) A person must not— (a) assume, use or publish the State arms or State badge in connection with a relevant enterprise without lawful authority; or (b) otherwise assume, use or publish the State arms or State badge without reasonable excuse. Maximum penalty—50 penalty units. (2) In a proceeding, the onus is on the defendant to prove lawful authority. (3) In this section— lawful authority means the authority of— (a) the Queen; or (b) the Governor in Council; or (c) the Minister; or (d) an Act; or (e) a law of the Commonwealth. publish includes— (a) print; and (b) cause to be printed; and (c) distribute, deliver or send, electronically or otherwise; and (d) cause to be distributed, delivered or sent, electronically or otherwise; and (e) publish to a single person. relevant enterprise means any of the following— (a) a club or association; (b) a business; (c) a profession, trade or calling. State arms includes anything that depicts or substantially resembles the State arms. State badge includes anything that depicts or substantially resembles the State badge, but does not include the State badge appearing as part of the State flag.