Flags, Emblems, and Names Protection Act 1981

If you need more information about this Act, please contact the administering agency: Ministry for Culture and Heritage and Ministry of Justice
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14 Unauthorised use of words suggesting Royal or government patronage

(1)

Subject to subsection (4), every person commits an offence against this Act who—

(a)

causes any association (whether incorporated or unincorporated) to be formed under any name, title, style, or designation that includes any word or statement to which this subsection applies; or

(b)

publicly uses in connection with any business, trade, or occupation any word or statement to which this subsection applies.

(2)

Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation that includes any word or statement to which subsection (1) applies.

(3)

Subsection (1) applies to the following:

(a)

the word Royal:

(b)

the word Government:

(c)

any other word or statement that claims or implies the patronage of—

(i)

Her Majesty or any other member of the Royal Family; or

(ii)

the Governor-General; or

(iii)

the House of Representatives; or

(iv)

the Government; or

(v)

any Minister of the Crown; or

(vi)

any government department:

(d)

any word or statement that claims or implies connection with any society or body incorporated by Royal Charter.

(4)

Subsection (1) does not apply to the use of any word or statement—

(a)

expressly authorised by or under any other Act, or by—

(i)

Her Majesty or the Governor-General in any case to which paragraph (a) of subsection (3) applies; or

(ii)

Her Majesty, in any case to which subparagraph (i) of paragraph (c) of that subsection applies; or

(iii)

the Governor-General, in any case to which subparagraph (ii) of that paragraph applies; or

(iv)

the Speaker of the House of Representatives, in any case to which subparagraph (iii) of that paragraph applies; or

(v)

the Minister if subsection (3)(b) or (c)(iv) applies; or

(vi)

the appropriate Minister of the Crown, in any case to which subparagraph (v) or subparagraph (vi) of paragraph (c) of subsection (3) applies; or

(b)

that comprises the whole or part of the proper name of any town or road or other place, and that name is or is to be used in full by the association or (as the case may be) the person engaging in the business, trade, or occupation; or

(c)

that is the surname (not being a surname taken or used for the purpose of defeating the intention of this section) of a foundation member of the association or (as the case may be) of the person engaging in the business, trade, or occupation.

Section 14(4)(a)(v): replaced, on 22 October 2003, by section 7 of the Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).