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National Identity Act 1971  [non-official copy of Papua New Guinea Act]

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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