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Making or dealing in copies of National Coat of Arms

National Symbols Regulations 2023

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Proposed text

—(1) In this regulation, “copy of the National Coat of Arms” —(a)means a copy of the National Coat of Arms in 2 or 3 dimensions; and(b)includes an image or object that is capable of being mistaken for the National Coat of Arms.(2) Subject to this regulation, a person must not knowingly —(a)make or deal in a copy of the National Coat of Arms; or(b)cause a copy of the National Coat of Arms to be made or dealt in.Examples(a)Examples of ways in which copies may be made include printing, drawing, sculpting, tattooing and manufacturing.(b)Examples of dealings include serving, sending, distributing, publishing, selling, offering for sale and exhibiting.(3) Paragraph (2) does not apply to —(a)anything done by or with the authority of a Government department;(b)anything done with the approval of the Minister;(c)anything done in good faith and for the purposes of reporting a disrespectful or unlawful use of the National Coat of Arms to a public officer;(d)anything done for the purposes of reporting news; or(e)anything done —(i)incidentally to an act that is otherwise lawful; and(ii)without causing disrespect to the National Coat of Arms.Examples(a)A replica of the National Coat of Arms is installed on a Government building. A person takes a photograph of the building, and the photograph includes the replica. The person has made a copy of the National Coat of Arms, but the reproduction would come within the exception in paragraph (3)(e) if the taking of the photograph is otherwise lawful and does not cause disrespect to the National Coat of Arms.(b)A person copies a Government letter bearing the National Coat of Arms for the purpose of committing fraud. The person has made a copy of the National Coat of Arms, and paragraph (3)(e) would not apply because the reproduction was done incidentally to an unlawful act. (4) A person who contravenes paragraph (2) commits an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both.

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