Badge, Arms, Floral and Other Emblems of Queensland Act 1959
Badge, Arms, Floral and Other Emblems of Queensland Act
1959
QueenslandBADGE,ARMS,FLORALANDOTHEREMBLEMSOFQUEENSLANDACT1959Reprinted as in force on 10 December
1997(includes amendments up to Act No. 81 of
1997)Reprint No. 1A *This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2005 Act No. 5 s 11*Minor
differences in style between this reprint and another reprint with
the same number are due to theconversion to
another software program. The content has not changed.
Information about this reprintThis
Act is reprinted as at 10 December 1997. The reprint shows the law
as amended by allamendments that commenced on or before that
day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint. See previous reprint for information
about earlierchanges made under the Reprints Act 1992. A
table of earlier reprints is included in theendnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s
13s 2CBadge, Arms,
Floral and Other Emblems ofQueensland Act
1959BADGE, ARMS, FLORAL AND OTHEREMBLEMS OF QUEENSLAND ACT 1959[as
amended by all amendments that commenced on or before 10 December
1997]An Act relating to the badge, arms, floral
and other emblems of theState, and to prohibit the
unauthorised assumption or use of suchbadge or
arms1Short titleThis Act may be
cited as theBadge, Arms, Floral and other Emblems
ofQueensland Act 1959.2Floral emblemThe Cooktown
orchid (Dendrobiumbigibbumvar.phalaenopsis) shallbe the
floral emblem of the State.2AFaunal
emblemThe koala (Phascolarctoscinereus)
shall be the faunal emblem of theState.2BBird emblemThe brolga
(Grus rubicunda) is the bird
emblem of the State.2CGem emblemThe sapphire, of
any colour, is the gem emblem of the State.
s
2D4Badge, Arms, Floral and Other Emblems
ofQueensland Act 1959s42DArms and badge(1)The
arms of the State are as described in schedule 1.(2)The badge of the State is as described
in schedule 2.3Lawful authorityIn this
Act—“lawful authority”means the
authority of the Queen, or of the Governorin Council, or of
the Premier, or of a law of the Commonwealth.4Prohibition of the unauthorised assumption
or use of the badge orarms of the State(1)A
person who without lawful authority (proof whereof shall lie
uponthe person accused)—(i)assumes or uses in connection with—(a)any trade, business, calling or
profession; or(b)any club or any body or association of
persons whatsoever,including,butwithoutlimittothegeneralityoftheprovisionsofthisparagraph,anycluboranybodyorassociationofpersonsformedforthepurposeofplayingany game or
athletic sport whatsoever; or(ii)prints, publishes, or distributes, or sends
or delivers to any otherperson, or causes to be printed,
published, or distributed, or sentordeliveredtoanyotherpersonanywrittenorprintedmatterwhatsoever in or upon which appears or
appear;the badge or arms of the State or any badge
or arms so nearly resemblingthe badge or arms
of the State as to be likely to deceive shall be guilty of
anoffence.Maximum penalty—50
penalty units.(2)Where the badge or arms of the State,
or any badge or arms so nearlyresembling the
badge or arms of the State as to be likely to deceive is or
areassumedorused,oranywrittenorprintedmatterisprinted,published,distributed, or sent or delivered to any
person in connection with a club or abodyorassociationofpersonswhichisnotabodycorporateincontravention of the provisions of subsection
(1), then every member of the
s55s6Badge, Arms, Floral and Other Emblems
ofQueensland Act 1959governing body by
whatever name called and every officer of that club,body
or association shall be deemed to have committed that offence
andshall be liable accordingly, unless the
member or officer proves that he orshe did not know
and could not, by the use of due diligence, have known ofthe
commission of that offence.5Recovery of
penalties(1)OffencesagainstthisActmaybeprosecutedinasummarywayunder
theJustices Acts 1886upon the
complaint of any person thereuntoauthorised in
writing by the Premier.(2)AnypersonwhocontinuesanyoffenceagainstthisActaftertheperson is convicted therefor shall be
liable to a further penalty of not morethan10penaltyunitsforeachandeverydayonwhichthepersonsocontinues that offence.6Substitute use of Queensland Coat of
ArmsWherebyorunderanyActtheuseofanyarmorialinsigniaorarepresentation thereof, in whatever
terms described, is prescribed for anydocument, form,
seal or otherwise as a mark of authority of the Crown, theuse
for that purpose of a representation of the Coat of Arms of the
State, inthe form in which that armorial insignia is
or was, at the material time,granted for the
time being or at any previous time, shall be taken to be andto
have always been a sufficient compliance in law with that
prescription.
6Badge, Arms, Floral and Other Emblems
ofQueensland Act 1959SCHEDULE
1ARMS OF THE STATEsection 2DPART
1—HERALDIC DESCRIPTIONFor arms, per fesse the Chief Or, the
Base per pale Sable and Gules, inChiefaBull’sheadcaboshedinprofilemuzzledaMerinoRam’sheadrespecting each other proper, the
dexter Base charged with a Garb also Orand the sinister
Base on a Mount a Pile of Quartz issuant therefrom a GoldPyramid in front of the Mount a Spade
surmounted by a Pick saltirewise allproper.And
for the crest, on a wreath of the Colours, a Mount thereon a
MalteseCross Azure surmounted with a Royal Crown
between 2 sugar-canes allproper.And for the
Supporters, on the dexter side a Red Deer and on the
sinisterside a Brolga wings elevated and addorsed
both proper, below on a scrollthis motto, ‘Audax
at Fidelis’.
7Badge, Arms, Floral and Other Emblems
ofQueensland Act 1959SCHEDULE 1
(continued)PART 2—PICTORIAL DESCRIPTION
8Badge, Arms, Floral and Other Emblems
ofQueensland Act 1959SCHEDULE
2BADGE OF THE STATEsection 2DPART
1—HERALDIC DESCRIPTIONOnaroundelArgentaMalteseCrossAzuresurmountedwithaRoyalCrown.
9Badge, Arms, Floral and Other Emblems
ofQueensland Act 1959SCHEDULE 2
(continued)PART 2—PICTORIAL DESCRIPTION
11Badge, Arms, Floral and Other Emblems
ofQueensland Act 19593KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=presentKeyprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIRSLsubunnumExplanation=previous=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
1992=subordinate legislation=substituted=unnumbered4Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.1Amendments includedto
Act No. 27 of 1981Reprint date13 September
19945Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableObsolete and redundant provisionsRenumbered provisionsReprint
No.11
12Badge, Arms, Floral and Other Emblems
ofQueensland Act 19596List
of legislationBadge, Arms and Floral Emblem of Queensland
Act 1959 8 Eliz. 2 No. 39date of assent 19 November 1959commenced on date of assentamending legislation—Badge, Arms and
Floral Emblem of Queensland Act Amendment Act 1971 No. 4date
of assent 14 April 1971commenced on date of assentBadge,
Arms, Floral and other Emblems of Queensland Act Amendment Act
1981No. 27date of assent 20
May 1981commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1997 No. 81 ss 1–3 schdate of assent 5 December 1997commenced on date of assent7List of annotationsLong
titleamd 1971 No. 4 s 2Short titles
1amd 1997 No. 81 s 3 schFaunal
emblems 2Ains 1971 No. 4 s 3 schBird
emblems 2Bins 1971 No. 4 s 4sub 1997 No. 81 s
3 schGem emblems 2Cins
1997 No. 81 s 3 schArms and badges 2Dins
1997 No. 81 s 3 schLawful authoritys 3amd
1971 No. 4 s 5; 1997 No. 81 s 3 schProhibition of the
unauthorised assumption or use of the badge or arms of the
States 4amd 1971 No. 4 s 6; 1997 No. 81 s 3
schRecovery of penaltiess 5amd
1971 No. 4 s 7; 1997 No. 81 s 3 schSubstitute use of
Queensland Coat of Armss 6ins 1981 No. 27 s
3
