The following is republished from: PacLII Papua New Guinea
Consolidated Legislation | Government and Public Administration Library
| National Identity Act 1971 (Consolidated to No 14 of 2000)
INDEPENDENT STATE OF PAPUA NEW GUINEA
National Identity Act 1971,
[cxcix] Being an Act to foster and encourage the growth
of a feeling of national identity and unity in Papua
New Guinea by providing for:
(a) a national flag; and
(b) a national emblem; and
(c) a national pledge; and
(d) a national anthem; and
(e) a system of national honours and awards; and
(f) various matters relating to State Protocol and
State Ceremonies; and
(g) national logos, and official flags, songs and
themes for special anniversaries and events; and
(h) a national dress; and
(i) other matters relevant to national identity and
unity.
PART I. NATIONAL FLAG.
1. Papua New Guinea National Flag.
The flag described in Schedule 1, being the flag a
reproduction of which is set out in Schedule 2, is the
National Flag of Papua New Guinea.
2. Other flags.
The Head of State, acting on advice, may, by
proclamation, appoint such other flags and ensigns of
Papua New Guinea as he thinks fit.
[cc]3. Authority to use flags.
The Secretary may, by instrument, authorize a person to
use:
(a) the National Flag; or
(b) a flag or ensign appointed under Section 2; or
(c) a replica or representation of the National Flag,
or of a flag or ensign appointed under Section 2,
in the manner and form specified in the instrument, and
either:
(d) without defacement; or
(e) defaced in the manner specified in the instrument.
4. Rules as to use of flags.
(1) The Head of State, acting on advice, may make
and cause to be published, rules in connection with
the flying or use of the National Flag or a flag or
ensign appointed under Section 2.
(2) The Interpretation Act 1975 does not apply to
or in relation to rules made under Subsection (1).
5. Official use of National Flag.
The National Flag shall be flown or used for all
official purposes of the Government and on all
occasions on which, and for all purposes for which, it
is customary to fly or use a national flag or ensign.
[cci]6. Improper use of National Flag, etc.
(1) A person who, not being authorized under
Section 3 to use the National Flag, or a flag or
ensign appointed under Section 2, or a replica or
representation of any of them, uses:
-
(a) the National Flag or a replica or representation
of it; or
-
(b) a flag or ensign appointed under Section 2 or a
replica or representation of it, capable of being
readily mistaken for the National Flag, or a flag or
ensign appointed under Section 2, in such a manner or
in such circumstances as to be likely to lead other
persons to believe he is so authorized,
is guilty of an offence.
-
Penalty: A fine not exceeding K50.00.
(1A) A person who, without lawful excuse, defaces or
destroys:
- (a) the National Flag; or
- (b) a flag or ensign appointed under Section 2; or
- (c) a replica or representation authorized by Section
3 of the National Flag, or of a flag or ensign
appointed under Section 2,
is guilty of an offence.
-
Penalty: A fine not exceeding K50.00.
(2) Proceedings for an offence against this section
shall not be instituted except by or with the consent
of the Attorney-General.
PART II. NATIONAL EMBLEM
7. Papua New Guinea National Emblem.
The emblem described in Schedule 3, being the emblem a
reproduction of which is set out in Schedule 4, is
declared to be the National Emblem of Papua New Guinea.
8. Rules as to use of National Emblem.
(1) The Head of State, acting on advice, may make
and cause to be published rules in connection with the
use of the National Emblem and of stylized or other
versions of it for special uses.
(2) The Interpretation Act 1975 does not apply to
or in relation to rules made under Subsection (1).
9. Official use of National Emblem.
The National Emblem shall be used for all official
purposes of the Government and on all occasions on
which, and for all purposes for which, it is customary
to use a national emblem or national arms.
10. Improper use of National Emblem.
(1) A person who, not being authorized by the Head
of State, acting on advice, or otherwise by
law,directly or indirectly:
- (a) prints or publishes, or causes to be printed or
published; or
-
(b) sends or delivers to or serves on, or causes to be
sent or delivered to or served on, any person,
any written or printed matter in or on which there
appears the National Emblem, or any token or symbol so
nearly resembling the National Emblem as to be capable
of being readily mistaken for it, in such a manner or
in such circumstances as to be likely to lead
other persons to believe that he is so authorized, is
guilty of an offence.
-
Penalty: A fine not exceeding K50.00.
(2) A person who, not being authorized by the Head
of State, acting on advice, or otherwise by law,
directly or indirectly uses the National Emblem, or any
token or symbol so nearly resembling the National
Emblem as to be capable of being readily mistaken
for it, in connection with any business, trade, calling
or profession in such a manner or in such circumstances
as to be likely to lead other persons to believe that
he is so authorized, is guilty of an offence.
Penalty: A fine not exceeding K50.00.
(3) Proceedings for an offence against this section
shall not be instituted except by or with the consent
of the Attorney-General.
to be continued
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