New South Wales Consolidated Acts

STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 63B

63B Offences relating to emergency services organisations

(1) A person who manufactures or sells emergency services organisation insignia is guilty of an offence.

: Maximum penalty-50 penalty units.

(2) A person who-

(a) uses or displays emergency services organisation insignia, or

(b) impersonates an emergency services organisation officer,

with the intention to deceive is guilty of an offence.

: Maximum penalty-50 penalty units.

(2A) A person who-

(a) impersonates an emergency services organisation officer with the intention to deceive and purports to exercise a function of such an officer, or

(b) impersonates an emergency services organisation officer with the intention to deceive in order to facilitate the commission of an offence,

is guilty of an offence.

: Maximum penalty-100 penalty units.

(3) A person is not guilty of an offence under this section if-

(a) the person’s conduct is authorised by the relevant emergency services organisation, or

(b) the person establishes that the conduct is for the purposes of a public entertainment, or

(c) the person establishes that the person has a reasonable excuse.

(4) In this section-

"emergency services organisation insignia" means-

(a) any items (being uniforms, insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to an emergency services organisation (other than the NSW Police Force) or as being used by an emergency services organisation officer, or

(b) any parts of any such items, or

(c) any reasonable imitation of any such items or parts, or

(d) any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition),

but does not include any thing or class of thing prescribed by the regulations as being outside this definition.

"emergency services organisation officer" includes an employee, member, volunteer or any other person who exercises functions on behalf of an emergency services organisation (other than the NSW Police Force).

"sell" means sell, exchange or let on hire, and includes-

(a) offer, expose, possess, send, forward or deliver for sale, exchange or hire, or

(b) cause, suffer or allow any of the above.