{"id":"flag-and-emblem-act-1985","name":"Flag and Emblem Act 1985","slug":"flag-and-emblem-act-1985","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30066,"registerId":"nt-flag-and-emblem-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Flag and Emblem Act 1985","content":"NORTHERN TERRITORY OF AUSTRALIA\nFLAG AND EMBLEM ACT 1985\nAs in force at 14 October 2015\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Delegation ....................................................................................... 1\n5 Arms of the Territory ........................................................................ 2\n6 Improper use of Arms of the Territory an offence ............................ 2\n7 Flag of the Territory ......................................................................... 2\n8 Declared emblem ............................................................................ 3\n9 Improper use of declared emblem an offence ................................. 3\n11 Rules for use of declared emblems, &c. .......................................... 3\n12 Consent of Attorney-General ........................................................... 4\n13 Substitute use of Arms of the Territory ............................................ 4\nSchedule 1 Description of Arms of the Territory\nSchedule 2 Production of Arms of the Territory\nSchedule 3 Description of Flag of the Territory\nSchedule 4 Reproduction of Flag of the Territory\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 14 October 2015\n____________________\nFLAG AND EMBLEM ACT 1985\nAn act to control the use of the Northern Territory Arms, flag and\nemblems\n1 Short title\nThis Act may be cited as the Flag and Emblem Act 1985.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nArms of the Territory means the Territory Arms referred to in\nsection 5.\ndeclared emblem means an emblem declared under section 8 by\nthe Administrator to be:\n(a) a Territory Badge; or\n(b) an official emblem of the Territory,\nand includes any other emblem that so nearly resembles an\nemblem so declared as to be likely to deceive or be capable of\nbeing mistaken for an emblem so declared.\n4 Delegation\n(1) The Minister may, by instrument in writing, delegate to a person any\nof his powers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purpose of this Act, be\ndeemed to have been exercised or performed by the Minister.\n\nFlag and Emblem Act 1985 2\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n5 Arms of the Territory\nThe Arms of the Territory described in Schedule 1, being the Arms\na reproduction of which is set out in Schedule 2, are the Arms of the\nTerritory.\n6 Improper use of Arms of the Territory an offence\n(1) Subject to subsection (2), the Minister may, by notice in writing,\nauthorize a person to use the Arms of the Territory.\n(2) The Minister shall not authorize under subsection (1) the use of the\nArms of the Territory except for Territory Government purposes or\nbona fide educational purposes within the Territory.\n(3) A person who, directly or indirectly, without the prior written\nauthority under subsection (1) of the Minister:\n(a) assumes, uses or otherwise deals with or causes to be\nassumed, used or otherwise dealt with; or\n(b) prints, publishes, manufactures, sells or offers or exhibits for\nsale or causes to be printed, published, manufactured, sold or\noffered or exhibited for sale or sends, distributes or delivers to\nor serves on, or causes to be sent, distributed or delivered to,\nor served on, a person any writing, material or object in or\nupon which appears,\nthe Arms of the Territory or Arms or any token insignia, emblem or\nother thing that so nearly resembles the Arms of the Territory as to\nbe likely to deceive or be capable of being mistaken for the Arms of\nthe Territory is guilty of an offence.\nMaximum penalty: 4 penalty units, and 0.8 penalty unit for each\nday during which the offence continues.\n(4) In proceedings under this section, if a person is named in the\nwriting, on material or an object referred to in this section in such\nmanner as to imply that he is the printer, publisher, manufacturer,\nseller or sender of it, that person shall, unless the contrary is\nproved, be taken to be the person who printed, published,\nmanufactured, sold or sent that writing, material or object.\n7 Flag of the Territory\nThe flag described in Schedule 3, being the flag a reproduction of\nwhich is set out in Schedule 4, is the Flag of the Territory.\n\nFlag and Emblem Act 1985 3\n8 Declared emblem\nThe Administrator may, by notice in the Gazette, declare an\nemblem described, depicted or referred to in the declaration to be:\n(a) a Territory Badge; or\n(b) an official emblem of the Territory.\n9 Improper use of declared emblem an offence\n(1) The Minister may, by notice in writing, authorize a person to use a\ndeclared emblem, either without defacement or defaced in a\nmanner specified in the notice.\n(2) A person who, directly or indirectly, without the prior written\nauthority under subsection (1) of the Minister:\n(a) assumes, uses or otherwise deals with or causes to be\nassumed, used or otherwise dealt with; or\n(b) prints, publishes, manufactures, sells or offers or exhibits for\nsale or causes to be printed, published, manufactured, sold or\noffered or exhibited for sale or sends, distributes or delivers to\nor serves on, or causes to be sent, distributed or delivered to,\nor served on, a person, any writing, material or object in which\nor on which appears,\na declared emblem for any trade, business, calling, profession or\ncommercial purpose, or in connection with a club or any body or\nassociation of persons (including, but without limiting the generality\nof this subsection, a club or body or association of persons formed\nfor the purpose of playing a game or athletic sport) or in such a\nmanner as to suggest that the writing, material or object has official\nsignificance, is guilty of an offence.\nMaximum penalty: 4 penalty units and 0.8 penalty unit for each\nday during which the offence continues.\n(3) In proceedings under this section, if a person is named in the\nwriting, on material or an object referred to in this section in such\nmanner as to imply that he is the printer, publisher, manufacturer,\nseller or sender of it, that person shall, unless the contrary is\nproved, be taken to be the person who printed, published,\nmanufactured, sold or sent that writing, material or object.\n11 Rules for use of declared emblems, &c.\n(1) The Minister may make and cause to be published rules for the use\nof declared emblems.\n\nFlag and Emblem Act 1985 4\n(2) The rules may prescribe penalties not exceeding 4 penalty units for\na contravention or breach of the rules and, in addition, penalties not\nexceeding 0.8 penalty unit for each day during which such a\ncontravention or breach occurs.\n12 Consent of Attorney-General\nProceedings for an offence against this Act or the rules shall not be\ninstituted except by or with the consent in writing of the Attorney-\nGeneral or Director of Public Prosecutions.\n13 Substitute use of Arms of the Territory\nWhere by or under an Act the use of the Arms of the Territory or a\nrepresentation thereof, in whatever terms described, is prescribed\nfor a document, form, seal or otherwise as a mark of authority of the\nCrown, the use for that purpose of a representation of the Arms of\nthe Territory, in the form in which that armorial insignia is or was, at\nthe material time, granted, shall be taken to be and to have always\nbeen a sufficient compliance in law with that prescription.\n\nSchedule 1 Description of Arms of the Territory\nFlag and Emblem Act 1985 5\nSchedule 1 Description of Arms of the Territory\nSection 5\nFor Arms, Tenny, representations in the Australian Aboriginal manner of an\nArnhem Land rock painting of a woman with stylised internal anatomy\nbetween in dexter chief and base two symbolic representations of campsites\njoined by journey or path markings in the manner of the Central Australian\nAboriginals and in sinister chief and base the like all Argent; and for a Crest:\nUpon a Wreath of the Colours a Wedge tailed Eagle (Aquila audax) wings\nelevated grasping with its talons an Australian Aboriginal stone Tjurunga\nproper; and for Supporters: On either side a Red Kangaroo (Macropus refus\n(Desmarest)) guardant that to the dexter holding in the dexter fore-paw a\nChiragra Spider Conch (Lambis Chiragra) and similarly that to the sinister in\nits sinister fore-paw a True Heart Cockle (Corculum carelissa) growing from a\ncompartment comprising a grassy-sandy mound Sturt's Desert Roses\n(Gossypium sturtianum).\n\nSchedule 2 Production of Arms of the Territory\nFlag and Emblem Act 1985 6\nSchedule 2 Production of Arms of the Territory\nsection 5\n(Refer pamphlet copy)\n\nSchedule 3 Description of Flag of the Territory\nFlag and Emblem Act 1985 7\nSchedule 3 Description of Flag of the Territory\nsection 7\nThe Flag of the Territory incorporates the three official Territory colours of\nblack, white and ochre and the official Territory floral emblem, Sturt's Desert\nRose. The floral emblem resides in white on an ochre panel which is flanked\non the left by a black panel on which is set five white stars representing the\nform of the constellation of the Southern Cross. The stylised Sturt's Desert\nRose on the ochre panel has seven petals with a seven pointed star in the\ncentre, symbolising the six Australian States and the Territory.\n\nSchedule 4 Reproduction of Flag of the Territory\nFlag and Emblem Act 1985 8\nSchedule 4 Reproduction of Flag of the Territory\nsection 7\n(Refer pamphlet copy)\n\nENDNOTES\nFlag and Emblem Act 1985 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFlag and Emblem Act 1985 (Act No. 24, 1985)\nAssent date 18 June 1985\nCommenced 18 September 1985 (Gaz G37, 18 September 1985, p 9)\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions Act\n1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991, p 9)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 1.\n4 LIST OF AMENDMENTS\ns 6 amd No. 27, 2011, s 3\ns 9 amd No. 27, 2011, s 3\ns 10 rep No. 26, 2015, s 38\ns 11 amd No. 27, 2011, s 3\n\nENDNOTES\nFlag and Emblem Act 1985 10\ns 12 amd No. 29, 1990, s 7","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The endnotes record later amendments that altered offences, penalties and prosecution arrangements (for example, Director of Public Prosecutions (Consequential Amendments) Act 1990; Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011) and removal of a provision (s10) by a 2015 amendment. These amendments (listed in the Act's endnotes) modified sections including s6, s9, s11 and s12, thereby changing enforcement mechanics and penalty terms from the original 1985 text."},"complexity_factors":["Centralised permission regime: Minister must authorise use in writing for Arms and declared emblems (ss6(1), 9(1)) — creates administrative gatekeeping and discretion over lawful users.","Different substantive limits for Arms versus other emblems: Arms limited to Territory Government or bona fide educational purposes (s6(2)), while declared emblems are restricted for commercial/club use or uses suggesting official status (s9(2)) — requires factual judgments about purpose and impression.","Evidentiary presumption against named printers/publishers: If a producer is named on material, they are presumed responsible unless they prove otherwise (ss6(4), 9(3)) — shifts evidential burdens in prosecutions.","Delegation and rule‑making powers: Minister may delegate powers (s4) and make rules with penalty provisions (s11) — introduces secondary instruments and administrative complexity.","Prosecution constraint: Proceedings require written consent of the Attorney‑General or DPP (s12) — adds procedural gatekeeping and affects enforcement frequency.","Ambiguity from 'nearly resembles' and descriptive schedules: Declared emblem includes close resemblances likely to deceive (definition) and Schedules refer to pamphlet reproductions — interpretive uncertainty and practical reproduction standards.","Penalties and continuing offences: Monetary fines plus daily penalties for continuing contraventions (ss6(3), 9(2), s11(2)) — creates ongoing liability and compliance monitoring needs.","Administrative publication mechanisms: Administrator makes declarations by Gazette (s8) and Schedules contain official descriptions/reproductions (Schedules 1–4) — reliance on published depictions for legal effect.","Substitution clause for earlier grants: Use of earlier granted representations is treated as compliance where statutes require Arms (s13) — affects legal compliance analysis for historical documents."],"plain_english_summary":"This law establishes the official Northern Territory arms and flag, lets the Administrator declare other Territory emblems, and prohibits unauthorised commercial or official use of those symbols. It requires prior written permission for use, creates offences with monetary penalties for misuse, allows the Minister to make rules and delegate functions, and requires prosecutorial consent before charges proceed. It affects anyone who reproduces, sells, displays or uses Territory insignia — businesses, clubs, printers, educators and government agencies — by controlling who may lawfully use those marks."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of controlling the use of the Northern Territory's Arms, flag, and emblems. The amendments shown in the endnotes are minor: updating penalty amounts (2011), adding the Director of Public Prosecutions as an alternative consent authority (1990), and repealing one section (section 10) in 2015. These are technical maintenance amendments rather than scope expansion."},"complexity_factors":["Short statute with only 13 operative sections (one section repealed)","Minimal cross-referencing — primarily internal references to Schedules","Only 2 defined terms in section 3 ('Arms of the Territory' and 'declared emblem')","Straightforward offence structure with clear prohibitions and exceptions","Simple delegation mechanism in section 4","Heraldic descriptions in Schedules use technical language but are descriptive rather than operative legal provisions","No nested exceptions or complex conditional logic — offences in sections 6 and 9 have single straightforward exceptions (Ministerial authorisation)","Rebuttable presumption provisions (sections 6(4) and 9(3)) are simple evidentiary shortcuts rather than complex legal constructs"],"plain_english_summary":"**What this law does:**\n\nThis law protects the official symbols of the Northern Territory — specifically the **Arms of the Territory** (the official coat of arms), the **Flag of the Territory**, and any **declared emblems** (official badges or symbols declared by the Administrator). It makes it a criminal offence to use these symbols without written permission from the Minister.\n\n**Who it affects:**\n\n- **Businesses and individuals** who want to use NT symbols on products, marketing materials, or merchandise\n- **Government bodies** who use these symbols for official purposes\n- **Educational institutions** using symbols for genuine teaching purposes\n- **Anyone printing, selling, or distributing** items bearing these symbols\n\n**Key rules:**\n\n- You generally **cannot** use the Arms of the Territory (coat of arms) unless it's for **Territory Government purposes** or **bona fide educational purposes**\n- You **cannot** use declared emblems for **commercial purposes** (trade, business, clubs, sports teams) or in a way that suggests official government endorsement without written permission\n- The Minister can make additional rules about how emblems may be used\n- The Attorney-General or Director of Public Prosecutions must approve any court proceedings under this Act\n\n**Penalties:**\n\nBreaking these rules can result in fines of up to **4 penalty units** (a standardised fine amount that changes over time), plus additional daily fines for ongoing offences.\n\n**Why it matters:**\n\nThis law prevents private businesses and organisations from falsely suggesting they are officially endorsed by the Northern Territory Government. It protects the integrity and dignity of the Territory's official symbols, ensuring they aren't exploited for commercial gain or used in misleading ways.\n\n**Technical note:** The law includes detailed heraldic descriptions (in Schedules 1-4) of exactly what the Arms and Flag look like — including Aboriginal rock painting motifs, a wedge-tailed eagle, red kangaroos, and Sturt's Desert Rose."}},"importantCases":[],"_links":{"self":"/api/acts/flag-and-emblem-act-1985","history":"/api/acts/flag-and-emblem-act-1985/history","analysis":"/api/acts/flag-and-emblem-act-1985/analysis","conflicts":"/api/acts/flag-and-emblem-act-1985/conflicts","importantCases":"/api/acts/flag-and-emblem-act-1985/important-cases","documents":"/api/acts/flag-and-emblem-act-1985/documents"}}