{"id":"nsw:act-1964-049","name":"Discharged Servicemen’s Badges Act 1964","slug":"discharged-servicemen-s-badges-act-1964","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"49 of 1964","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111015,"registerId":"nsw-act-1964-049-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Discharged Servicemen’s Badges Act 1964](/view/html/inforce/current/act-1964-049).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n2 Interpretation\n\n> > (1) In this Act, Discharged servicemen’s association means the body specified in the Schedule and any body whose name is, for the time being, added to that Schedule pursuant to subsection (2).\n> \n> > (2) Where a request in writing is made to the Governor by any body that the name of that body be added to the Schedule and the Governor is satisfied that that body is principally comprised of a substantial number of persons who have been discharged from enlistment or appointment for service with any of Her Majesty’s Naval, Military or Air Forces or with the forces of the United Nations, the Governor may, by order published on the NSW legislation website, add the name of that body to the Schedule.\n> \n> **s 2:** Am 2009 No 56, Sch 4.13.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Unauthorised wearing of badges","content":"#### 3 Unauthorised wearing of badges\n\n3 Unauthorised wearing of badges\n\n> > (1) A person shall not, without lawful excuse, wear:\n> > \n> > > (a) a badge of a kind issued by a discharged servicemen’s association for the purpose of indicating that a person is a member of that association, unless he is a member of that association, or\n> > \n> > > (b) a badge, not being a badge referred to in paragraph (a), similar to such a badge or so nearly similar thereto as to be likely to deceive.\n> \n> > (2) Where a person who has been, but by reason only of his failure to pay to a discharged servicemen’s association any moneys payable under the rules of that association, has ceased to be, a member of that association, would be guilty of an offence arising under paragraph (a) of subsection (1), he shall not be guilty of that offence by reason of his wearing a badge of a kind issued by that association unless:\n> > \n> > > (a) he has been served, in the manner provided by those rules, with notice of his failure to pay those moneys, and\n> > \n> > > (b) he has failed to pay those moneys within the time specified in the notice or, where no time is so specified, within one month after the notice has been so served.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Penalty and proceedings for offences","content":"#### 4 Penalty and proceedings for offences\n\n4 Penalty and proceedings for offences\n\n> > (1) A person guilty of an offence against this Act is liable to a penalty not exceeding 2 penalty units.\n> \n> > (2) All proceedings for offences against this Act shall be disposed of summarily before the Local Court.\n> \n> **s 4:** Am 1993 No 46, Sch 1; 1999 No 31, Sch 4.26; 2007 No 94, Sch 2.","sortOrder":3},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\nReturned and Services League of Australia (New South Wales Branch).  \nAustralian Flying Corps and Royal Australian Air Force Association, New South Wales Division.  \nAustralian Legion of Ex-Servicemen and Women.  \nNaval Association of Australia.  \nT.B. Sailors, Soldiers’& Airmen’s Association of New South Wales Incorporated.  \nThe Totally and Permanently Disabled Soldiers’ Association of Australia (New South Wales Branch).  \nNSW Association of Jewish Ex-Servicemen & Women.  \nPartially Blinded Soldiers’ Association of Australia (New South Wales Branch).  \nRoyal Australian Armoured Corps Association of New South Wales.  \nThirtyniners’ Association of Australia.  \nNew South Wales Ex-Prisoners of War Association.  \nGallipoli Legion of Anzacs of New South Wales.\n\n**Sch:** Am GG No 44 of 19.3.1965, p 900; GG No 60 of 15.4.1965, p 1201; GG No 81 of 11.6.1965, p 1823; GG No 134 of 15.10.1965, p 3371; GG No 158 of 10.12.1965, p 4085; GG No 69 of 23.6.1967, p 2220; GG No 142 of 19.10.1979, p 5277; 1992 No 34, Sch 2; 2003 No 40, Sch 1.12.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: preventing unauthorised wearing of veterans' association badges. The 2009 amendment modernised the publication method for adding associations (NSW legislation website instead of Gazette), and penalty updates reflect standard inflation adjustments, but the core scope has not expanded beyond badge protection."},"complexity_factors":["Only 4 operative sections plus a Schedule","Single defined term ('Discharged servicemen's association') with a straightforward expansion mechanism via Governor's order","Simple prohibition structure: one offence with two variants (wearing without membership vs. wearing deceptive imitation)","One nested exception in section 3(2) creating a safe harbour for former members removed solely for non-payment of fees, subject to procedural conditions","No cross-references to other Acts except standard procedural references (Local Court, penalty units)","Schedule contains a simple list of 12 named organisations, amendable by executive order"],"plain_english_summary":"This law protects the badges of veterans' organisations in New South Wales. It makes it illegal for someone to wear a badge from a discharged servicemen's association (like the RSL) unless they are actually a member. It also bans wearing badges that look so similar they could trick people into thinking you're a member.\n\nThere's an exception: if you were a member but got kicked out only for not paying fees, you won't be charged if you keep wearing the badge—provided you weren't properly notified or given time to pay up.\n\nThe Governor can add new veterans' groups to the protected list by publishing an order online. Breaking this law carries a small fine (up to 2 penalty units, roughly a few hundred dollars) and cases are heard in the Local Court.\n\n**Who it affects:** Veterans, ex-service organisations, and anyone who might wear or copy their badges.\n\n**Why it matters:** It stops people from falsely claiming membership in veterans' groups—protecting the integrity of these organisations and the sacrifices they represent."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act originally regulated wear of badges for listed associations but empowers the Governor to add qualifying bodies to the Schedule (s 2(2)). The Schedule and amendment notes show names have been added over time, so the population of covered associations has changed since enactment and can change further via Governor’s orders."},"complexity_factors":["Narrow subject matter and few provisions (definition, offence, penalty, schedule) — low structural complexity.","Governor’s discretionary power to add bodies to the Schedule requires factual judgment that a body is “principally comprised of a substantial number” of discharged personnel (s 2(2)) — administrative discretion raises interpretive complexity.","Offence element uses open-ended standards: “without lawful excuse” and “so nearly similar…as to be likely to deceive” (s 3(1)(a),(b)) — fact-sensitive and subjective inquiries for courts.","Treatment of lapsed members depends on association rules and formal notice procedures (s 3(2)) — private rules affect criminal liability and create evidentiary questions about service and timing.","Penalty expressed in penalty units and summary disposal in Local Court (s 4(1)–(2)) — low enforcement complexity but interaction with penalty unit amendments over time is procedural.","Schedule contains multiple named bodies and amendment history (Sch) — scope has changed historically and requires checking current Schedule for applicability."],"plain_english_summary":"This Act makes it an offence to wear, without lawful excuse, a badge issued by a listed discharged servicemen’s association unless you are a member, or to wear a badge so similar that it is likely to deceive. The Governor may add eligible associations to the Schedule. The law creates a small criminal penalty and Local Court enforcement, and requires compliance with association rules for notice of unpaid subscriptions where relevant."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained consistent with its original 1964 intent — protecting and regulating the use of official discharge badges for former military personnel. The minor amendments since 1999 do not appear to have expanded or significantly altered its core purpose."},"complexity_factors":["Very narrow and specific subject matter — limited to discharge badges for servicemen","Long-standing legislation with minimal amendments, suggesting simple and stable provisions","Short Act with a single focused purpose — no broad regulatory framework","Only administrative metadata was available for review, limiting full analysis","Falls under a single ministerial portfolio with straightforward oversight"],"plain_english_summary":"The Discharged Servicemen's Badges Act 1964 (NSW) protects official discharge badges worn by former Australian Defence Force members, making it an offence for unauthorised persons to wear, copy, sell or produce them. It affects discharged servicemen and servicewomen and anyone who might misuse these insignia, preserving the badges’ integrity under the Minister for Veterans’ responsibility."}},"importantCases":[],"_links":{"self":"/api/acts/discharged-servicemen-s-badges-act-1964","history":"/api/acts/discharged-servicemen-s-badges-act-1964/history","analysis":"/api/acts/discharged-servicemen-s-badges-act-1964/analysis","conflicts":"/api/acts/discharged-servicemen-s-badges-act-1964/conflicts","importantCases":"/api/acts/discharged-servicemen-s-badges-act-1964/important-cases","documents":"/api/acts/discharged-servicemen-s-badges-act-1964/documents"}}