Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE ACT 1903 - SECT 83

Unauthorised use, possession or supply of emblems or flags

  (1)   A person who is not a member of the Defence Force commits an offence if:

  (a)   the person uses or wears a defence emblem or an emblem so nearly resembling a defence emblem as to be capable of being mistaken for such an emblem; and

  (b)   the person does not have the written authority of the Minister, or of a person authorised in writing by the Minister, to do so.

Penalty:   2 penalty units.

  (2)   A person commits an offence if:

  (a)   the person makes, supplies or offers to supply a defence emblem or an emblem so nearly resembling a defence emblem as to be capable of being mistaken for such an emblem; and

  (b)   the person does not have the written authority of the Minister, or of a person authorised in writing by the Minister, to do so.

Penalty:   5 penalty units.

  (3)   A person commits an offence if:

  (a)   the person flies or displays a defence flag; and

  (b)   the person is not a member of the Defence Force acting in the course of his or her duties; and

  (c)   the person does not have the written authority of the Minister, or of a person authorised in writing by the Minister, to do so.

Penalty:   2 penalty units.

  (3A)   An authority under subsection   (1), (2) or (3) shall be subject to such limitations (if any) as are specified in the authority.

  (4)   A person on whose behalf or at whose place of business an article is supplied or offered in contravention of this section, whether contrary to the instructions of that person or not, commits an offence, and shall, on conviction, be liable to a fine not exceeding 2 penalty units.

  (4A)   An offence under subsection   (4) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   It is not an offence against this section for a person to use or wear a defence emblem or fly a defence flag in the course of a dramatic or other visual representation (including such a representation to be televised) or in the making of a cinematograph film.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (5). See subsection   13.3(3) of the Criminal Code .

  (6)   Where an offence against this section has been committed, the court may, if it thinks fit, order the forfeiture of any emblem or flag in respect of which that offence was committed.

  (7)   In this section:

"defence emblem" means an emblem of the Defence Force or an arm of the Defence Force.

"defence flag" means a flag of the Defence Force or an arm of the Defence Force.

"emblem" includes a badge, a regimental or other similar distinctive mark, an armlet or an accoutrement.

"flag" includes an ensign or a standard.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback