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

Part 3 Provisions relating to certain other names, emblems, and words

16 Unauthorised use of name and emblem of United Nations and other international organisations

(1)

Every person commits an offence against this Act who displays or exhibits or otherwise uses the name or emblem of the United Nations, or any word or words that incorporate that name or any such abbreviation or variation, without the authority of the Secretary-General of the United Nations.

(2)

The Minister may from time to time, after consultation with any other appropriate Minister, by notice, prohibit, regulate, or control the use of any emblem or name of—

(a)

any specialised agency brought into relationship with the United Nations in pursuance of Article 57 of the Charter of the United Nations; or

(b)

any other international organisation or authority.

(3)

Every person commits an offence against this Act who uses any name or emblem in contravention of any provision of a notice given under subsection (2).

(4)

In any prosecution for an offence against subsection (1), the onus of proving that the act complained of was done with the authority of the Secretary-General of the United Nations shall be on the defendant.

(5)

The notices specified in Part B of Schedule 2 shall be deemed for the purposes of this section to have been given under subsection (2) and shall continue in force notwithstanding the repeal by the Summary Offences Act 1981 of the Police Offences Act 1927 and section 38 of the Statutes Amendment Act 1948.

(6)

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 16(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 16(2): amended, on 22 October 2003, by section 8 of the Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

Section 16(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).