{"id":"qld:act-2005-005","name":"Emblems of Queensland Act 2005","slug":"emblems-of-queensland-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30363,"registerId":"qld-act-2005-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Emblems of Queensland Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Dictionary","content":"### sec.2 Dictionary\n\nThe dictionary in schedule 5 defines particular words used in this Act.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"State arms, State badge and State flag","content":"# State arms, State badge and State flag","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"State arms, State badge and State flag","content":"### sec.3 State arms, State badge and State flag\n\nThe State arms are as described in schedule 1 .\nThe State badge is as described in schedule 2 .\nThe State flag is as described in schedule 3 .\n(sec.3-ssec.1) The State arms are as described in schedule 1 .\n(sec.3-ssec.2) The State badge is as described in schedule 2 .\n(sec.3-ssec.3) The State flag is as described in schedule 3 .","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Unauthorised assumption, use or publication of State arms or State badge prohibited","content":"### sec.4 Unauthorised assumption, use or publication of State arms or State badge prohibited\n\nA person must not—\nassume, use or publish the State arms or State badge in connection with a relevant enterprise without lawful authority; or\notherwise assume, use or publish the State arms or State badge without reasonable excuse.\nMaximum penalty—50 penalty units.\nIn a proceeding, the onus is on the defendant to prove lawful authority.\nIn this section—\nlawful authority means the authority of—\nthe Queen; or\nthe Governor in Council; or\nthe Minister; or\nan Act; or\na law of the Commonwealth.\npublish includes—\nprint; and\ncause to be printed; and\ndistribute, deliver or send, electronically or otherwise; and\ncause to be distributed, delivered or sent, electronically or otherwise; and\npublish to a single person.\nrelevant enterprise means any of the following—\na club or association;\na business;\na profession, trade or calling.\nState arms includes anything that depicts or substantially resembles the State arms.\nState badge includes anything that depicts or substantially resembles the State badge, but does not include the State badge appearing as part of the State flag.\n(sec.4-ssec.1) A person must not— assume, use or publish the State arms or State badge in connection with a relevant enterprise without lawful authority; or otherwise assume, use or publish the State arms or State badge without reasonable excuse. Maximum penalty—50 penalty units.\n(sec.4-ssec.2) In a proceeding, the onus is on the defendant to prove lawful authority.\n(sec.4-ssec.3) In this section— lawful authority means the authority of— the Queen; or the Governor in Council; or the Minister; or an Act; or a law of the Commonwealth. publish includes— print; and cause to be printed; and distribute, deliver or send, electronically or otherwise; and cause to be distributed, delivered or sent, electronically or otherwise; and publish to a single person. relevant enterprise means any of the following— a club or association; a business; a profession, trade or calling. State arms includes anything that depicts or substantially resembles the State arms. State badge includes anything that depicts or substantially resembles the State badge, but does not include the State badge appearing as part of the State flag.\n- (a) assume, use or publish the State arms or State badge in connection with a relevant enterprise without lawful authority; or\n- (b) otherwise assume, use or publish the State arms or State badge without reasonable excuse.\n- (a) the Queen; or\n- (b) the Governor in Council; or\n- (c) the Minister; or\n- (d) an Act; or\n- (e) a law of the Commonwealth.\n- (a) print; and\n- (b) cause to be printed; and\n- (c) distribute, deliver or send, electronically or otherwise; and\n- (d) cause to be distributed, delivered or sent, electronically or otherwise; and\n- (e) publish to a single person.\n- (a) a club or association;\n- (b) a business;\n- (c) a profession, trade or calling.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Executive officers must ensure corporation complies with Act","content":"### sec.5 Executive officers must ensure corporation complies with Act\n\ns 5 om 2013 No. 51 s 43","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prosecution of offences","content":"### sec.6 Prosecution of offences\n\nAn offence against this Act may be prosecuted—\nsummarily under the Justices Act 1886 ; and\non the complaint of a person authorised in writing by the Minister to make the complaint.\nA person who continues an offence against this Act after the person is convicted—\nmay be charged in 1 or more complaints for periods the offence continues; and\nis liable to a further penalty of not more than 10 penalty units for each day on which the person continues the offence.\n(sec.6-ssec.1) An offence against this Act may be prosecuted— summarily under the Justices Act 1886 ; and on the complaint of a person authorised in writing by the Minister to make the complaint.\n(sec.6-ssec.2) A person who continues an offence against this Act after the person is convicted— may be charged in 1 or more complaints for periods the offence continues; and is liable to a further penalty of not more than 10 penalty units for each day on which the person continues the offence.\n- (a) summarily under the Justices Act 1886 ; and\n- (b) on the complaint of a person authorised in writing by the Minister to make the complaint.\n- (a) may be charged in 1 or more complaints for periods the offence continues; and\n- (b) is liable to a further penalty of not more than 10 penalty units for each day on which the person continues the offence.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Delegation by Minister","content":"### sec.7 Delegation by Minister\n\nThe Minister may delegate to an appropriately qualified officer of the department the Minister’s authority to authorise a person to assume, use or publish the State arms or State badge.\nIn this section—\nappropriately qualified , in relation to the exercise of a power, means having the qualifications, experience or standing appropriate to the exercise of the power.\nan officer’s classification level in the public service\n(sec.7-ssec.1) The Minister may delegate to an appropriately qualified officer of the department the Minister’s authority to authorise a person to assume, use or publish the State arms or State badge.\n(sec.7-ssec.2) In this section— appropriately qualified , in relation to the exercise of a power, means having the qualifications, experience or standing appropriate to the exercise of the power. an officer’s classification level in the public service","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Armorial insignia prescribed for use","content":"### sec.8 Armorial insignia prescribed for use\n\nThis section applies if an armorial insignia, however described, is prescribed for use under an Act for a document, seal, or otherwise as a mark of authority relating to the State, whether the word ‘State’, ‘Queensland’ or ‘Crown’ is used.\nThe use for that purpose of a representation of the State arms is taken to be, and to always have been, sufficient in law to comply with that prescription.\nIn this section—\narmorial insignia includes a representation of an armorial insignia.\nState arms includes any form in which the State arms is or was granted at a material time or at any previous time.\n(sec.8-ssec.1) This section applies if an armorial insignia, however described, is prescribed for use under an Act for a document, seal, or otherwise as a mark of authority relating to the State, whether the word ‘State’, ‘Queensland’ or ‘Crown’ is used.\n(sec.8-ssec.2) The use for that purpose of a representation of the State arms is taken to be, and to always have been, sufficient in law to comply with that prescription.\n(sec.8-ssec.3) In this section— armorial insignia includes a representation of an armorial insignia. State arms includes any form in which the State arms is or was granted at a material time or at any previous time.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Other State emblems","content":"# Other State emblems","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Other State emblems in sch 4","content":"### sec.9 Other State emblems in sch 4\n\nSchedule 4 sets out other State emblems.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"General","content":"# General","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Regulation-making power","content":"### sec.10 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":13},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Repeal","content":"### sec.11 Repeal\n\nThe Badge, Arms, Floral and other Emblems of Queensland Act 1959 No. 39 is repealed.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to repealed Act","content":"### sec.12 References to repealed Act\n\nA reference in an Act or other document to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Lawful authority under repealed Act","content":"### sec.13 Lawful authority under repealed Act\n\nThis section applies to a person who, immediately before the commencement, had lawful authority under the repealed Act.\nOn the commencement, the person is taken to have lawful authority under section 4.\n(sec.13-ssec.1) This section applies to a person who, immediately before the commencement, had lawful authority under the repealed Act.\n(sec.13-ssec.2) On the commencement, the person is taken to have lawful authority under section 4.","sortOrder":17},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Heraldic description","content":"# Heraldic description","sortOrder":18},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Monochrome pictorial description","content":"# Monochrome pictorial description","sortOrder":19},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Heraldic description","content":"# Heraldic description","sortOrder":20},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Monochrome pictorial description","content":"# Monochrome pictorial description","sortOrder":21},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Written description","content":"# Written description","sortOrder":22},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Monochrome pictorial description","content":"# Monochrome pictorial description","sortOrder":23}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is a straightforward modernisation and consolidation of the earlier *Badge, Arms, Floral and other Emblems of Queensland Act 1959*. It maintains the same core purpose — protecting Queensland's official emblems from unauthorised use — with updated language and structure. The removal of the executive officer corporate liability provision (s.5) in 2013 slightly narrowed the enforcement scope, but the Act's fundamental intent remained unchanged."},"complexity_factors":["Reverse onus of proof (defendant must prove lawful authority) is an unusual legal concept for laypeople","Multiple overlapping definitions (e.g., 'publish' has an expanded meaning that includes sending to a single person)","Distinguishing between State arms, State badge, and State flag requires reference to schedules not reproduced in the main text","Historical retrospective provision (s.8) confirming past use was always legally valid adds a temporal complexity","Penalty unit calculations require reference to external legislation to determine actual dollar amounts","Section 5 was repealed, creating a structural gap that could confuse readers"],"plain_english_summary":"The Emblems of Queensland Act 2005 protects the State’s coat of arms, badge, flag and other emblems by restricting their use and giving legal force to prior authorisations. It mainly affects businesses, clubs, publishers and anyone who reproduces or displays these symbols without lawful permission, imposing fines and shifting the onus to the user to prove authority. The law prevents misleading commercial or deceptive uses that imply government endorsement."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of regulating the use of Queensland's official emblems. It is a direct replacement of the 1959 Act with similar scope, updated for modern contexts (including electronic publication). The inclusion of 'other State emblems' in Schedule 4 appears to be a continuation of existing practice rather than an expansion beyond the original intent of managing official state symbols."},"complexity_factors":["Short statute with only 13 operative sections plus schedules","Minimal cross-referencing (only references to Justices Act 1886 for prosecution procedures)","Straightforward offence structure with single prohibition and defined exceptions","Limited defined terms (approximately 8-10 key definitions across sections 4, 7, and 8)","Simple delegation mechanism in section 7","Schedules contain visual/pictorial descriptions rather than legal text, reducing textual complexity","No nested conditional logic or exceptions to exceptions","Repeal and transitional provisions are standard and brief (sections 11-13)"],"plain_english_summary":"This law protects Queensland's official symbols. It sets out what the State arms (coat of arms), State badge, and State flag look like in attached schedules. The main rule is that you can't use these symbols for business or club purposes without permission from the Queen, Governor, Minister, or another law. You also can't use them at all without a reasonable excuse. Breaking this rule carries a fine of up to 50 penalty units (roughly $7,000-$8,000). The law also covers other state emblems listed in Schedule 4 (like the state bird, flower, etc.), allows the Minister to delegate authority to public servants, and ensures that old permissions under previous laws remain valid. It replaced a 1959 law on the same topic."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act repeals the 1959 Badge, Arms, Floral and other Emblems of Queensland Act (s11) but expressly preserves existing lawful authority holders (s13) and allows references to the repealed Act to be read as references to this Act (s12). From the text provided, the instrument restates and records the State arms, badge and flag, creates offence and enforcement mechanisms, and provides delegation and regulation powers; it does not, on its face, purport to broaden or narrow scope beyond those restatements and transitional savings."},"complexity_factors":["Reverse onus in prosecutions: defendant must prove lawful authority (s4) increases evidential complexity.","Broad, multilayered definitions for key terms (e.g. 'publish', 'State arms', 'State badge') relying on schedule and section cross-references (s4; sch.5).","Delegation of Ministerial authorisation to 'appropriately qualified' officers creates administrative discretion and potential variability (s7).","Continuing-offence daily penalty regime and summary prosecution route under another Act create mixed enforcement pathways (s6).","Repeal and transitional savings preserve prior lawful authorities and permit references to be read as this Act, requiring cross-act interpretation (ss11–13).","Exclusion: State badge appearing as part of the State flag is carved out, adding a narrow interpretive exception (s4)."],"plain_english_summary":"This Act sets out Queensland’s State arms, badge and flag (schedules) and makes it unlawful to assume, use or publish the State arms or State badge without lawful authority or a reasonable excuse, with a penalty up to 50 penalty units and a reverse onus on the defendant (s4). The Minister may authorise or delegate authorisation (s7), regulations may be made (s10), and the 1959 Act is repealed while existing lawful authorities and references are preserved (ss11–13). Affected parties include clubs, businesses, professions and anyone publishing or using these emblems."}},"importantCases":[],"_links":{"self":"/api/acts/emblems-of-queensland-act-2005","history":"/api/acts/emblems-of-queensland-act-2005/history","analysis":"/api/acts/emblems-of-queensland-act-2005/analysis","conflicts":"/api/acts/emblems-of-queensland-act-2005/conflicts","importantCases":"/api/acts/emblems-of-queensland-act-2005/important-cases","documents":"/api/acts/emblems-of-queensland-act-2005/documents"}}