Flags, Emblems, and Names Protection Act 1981

Part 2 Royal, vice-regal, State, and heraldic emblems and names

12 Unauthorised use of Royal and vice-regal emblems

(1)

Every person commits an offence against this Act who, without the authority of Her Majesty or (as the case may require) the Governor-General, displays or exhibits or otherwise uses any representation to which this subsection applies in such a manner as to be likely to cause any person to believe that he does so under the authority, sanction, approval, appointment, or patronage of Her Majesty or the Governor-General.

(2)

Subsection (1) applies to the following:

(a)

any representation of the Coat of Arms of Her Majesty or any other member of the Royal Family:

(b)

any representation of any Royal crown or Royal coronet or Royal cypher or Royal badge:

(c)

any representation of the Royal Standard, or the Sovereign’s personal flag for New Zealand:

(d)

any representation of the Governor-General’s flag:

(e)

any representation that so closely resembles any thing referred to in any of paragraphs (a) to (d) as to be likely to cause any person to believe that it is that thing.

(3)

In any prosecution for an offence against this section the onus of proving that any representation was used with the authority of Her Majesty or the Governor-General shall be on the defendant.

(4)

Nothing in this section shall limit or affect—

(b)

section 24 of the Trade Marks Act 2002 (which relates to the representation in trade marks of Her Majesty or any members of the Royal Family).

Section 12(4)(b): replaced, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).