Emblems of Queensland Act 2005

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

1Short title

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

2Dictionary

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

3State 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.

4Unauthorised 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.

6Prosecution of offences

(1)An offence against this Act may be prosecuted—

(a)summarily under the Justices Act 1886; and

(b)on the complaint of a person authorised in writing by the Minister to make the complaint.

(2)A person who continues an offence against this Act after the person is convicted—

(a)may be charged in 1 or more complaints for periods the offence continues; and

(b)is liable to a further penalty of not more than 10 penalty units for each day on which the person continues the offence.

7Delegation by Minister

(1)The Minister may delegate to an appropriately qualified officer of the department the Minister’s authority to authorise a person to assume, use or publish the State arms or State badge.

(2)In this section—

appropriately qualified, in relation to the exercise of a power, means having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing—

an officer’s classification level in the public service

8Armorial insignia prescribed for use

(1)This section applies if an armorial insignia, however described, is prescribed for use under an Act for a document, seal, or otherwise as a mark of authority relating to the State, whether the word ‘State’, ‘Queensland’ or ‘Crown’ is used.

(2)The use for that purpose of a representation of the State arms is taken to be, and to always have been, sufficient in law to comply with that prescription.

(3)In this section—

armorial insignia includes a representation of an armorial insignia.

State arms includes any form in which the State arms is or was granted at a material time or at any previous time.

9Other State emblems in sch 4

Schedule 4 sets out other State emblems.

10Regulation-making power

The Governor in Council may make regulations under this Act.

11Repeal

The Badge, Arms, Floral and other Emblems of Queensland Act 1959 No. 39 is repealed.

12References to repealed Act

A reference in an Act or other document to the repealed Act may, if the context permits, be taken as a reference to this Act.

13Lawful authority under repealed Act

(1)This section applies to a person who, immediately before the commencement, had lawful authority under the repealed Act.

(2)On the commencement, the person is taken to have lawful authority under section 4.

section 3(1)

For arms, per fesse the Chief Or, the Base per pale Sable and Gules, in Chief a Bull’s head caboshed in profile muzzled a Merino Ram’s head respecting each other proper, the dexter Base charged with a Garb also Or and the sinister Base on a Mount a Pile of Quartz issuant therefrom a Gold Pyramid in front of the Mount a Spade surmounted by a Pick saltirewise all proper.

And for the crest, on a wreath of the Colours, a Mount thereon a Maltese Cross Azure surmounted with a Royal Crown between 2 sugar-canes all proper.

And for the Supporters, on the dexter side a Red Deer and on the sinister side a Brolga wings elevated and addorsed both proper, below on a scroll this motto, ‘Audax at Fidelis’.

section 3(2)

On a roundel Argent a Maltese Cross Azure surmounted with a Royal Crown.

section 3(3)

The State flag is the British Blue Ensign, consisting of a dark-blue field with the Union flag occupying the upper hoist, differenced in the fly by the State badge.

section 9

1Floral emblem

The Cooktown orchid (Dendrobium bigibbum var. phalaenopsis) is the State’s floral emblem.

2Faunal emblem

The koala (Phascolarctos cinereus) is the State’s faunal emblem.

3Bird emblem

The brolga (Grus rubicunda) is the State’s bird emblem.

4Gem emblem

The sapphire, of any colour, is the State’s gem emblem.

5Aquatic emblem

The barrier reef anemone fish (Amphiprion akindynos) is the State’s aquatic emblem.

6Fossil emblem

The Muttaburra dinosaur (Muttaburrasaurus langdoni) is the State’s fossil emblem.

sch 4 s 6 ins 2023 No. 31 s 6

section 2

State arms means the coat of arms of the State.

State badge means the badge of the State.

State emblem means an emblem of the State.

State flag means the flag of the State.