{"id":"nsw:act-2004-001","name":"State Arms, Symbols and Emblems Act 2004","slug":"state-arms-symbols-and-emblems-act-2004","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"1 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104802,"registerId":"nsw-act-2004-001-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 is the [State Arms, Symbols and Emblems Act 2004](/view/html/inforce/current/act-2004-001).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> Heritage Council means the Heritage Council of New South Wales established under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n> \n> official purpose does not include a merely historical or heritage purpose (such as the purpose of a museum or historical exhibition).\n> \n> Royal arms of the United Kingdom means the arms of sovereignty and dominion borne by Her Majesty Queen Elizabeth II in her capacity as Queen of the United Kingdom of Great Britain and Northern Ireland (as used in England, Scotland or any other part of that kingdom) or by any of her predecessors in the sovereignty of that kingdom or any part of it, which are also collectively known as the Royal arms, and includes any arms that replace those arms.\n> \n> State arms means the armorial ensigns and supporters the blazon of which is set out in Part 1 of Schedule 1 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 1. The State arms may be depicted in the colours set out in the blazon or in monochrome.\n> \n> State emblem means any flower, animal, bird or other animate or inanimate object the description of which is set out in Schedule 3.\n> \n> State symbols means:\n> \n> > (a) the State badge the blazon of which is set out in Part 1 of Schedule 2 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 2 (the State badge may be depicted in the colours set out in the blazon or in monochrome), and\n> \n> > (b) the State flag a description of which is set out in Part 1 of Schedule 2 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 2, and\n> \n> > (c) any other symbol or thing the blazon or a description of which is set out in Part 1 of Schedule 2 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 2.\n> \n> to use the State arms or a State symbol includes to display the State arms or State symbol.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"State arms or symbols to be used for all official purposes","content":"#### 4 State arms or symbols to be used for all official purposes\n\n4 State arms or symbols to be used for all official purposes\n\n> > (1) Whenever after the commencement of this Act, in a Parliament building, a courthouse, an office or official residence of the Governor or a Government office, in any other building or place, or on any official seal or document, or in any other connection, arms representing the authority of the Crown or the State are to be used for any official purpose, the State arms are or a State symbol is to be used, and not the Royal arms of the United Kingdom.\n> \n> > (2) The State arms and each State symbol may be depicted in any manner that is consistent with the relevant blazon or description in Schedule 1 or 2.\n> \n> > (3) The Premier may adopt, and from time to time amend, guidelines to assist government departments and instrumentalities and others in the proper use of State arms and State symbols.\n> \n> > (4) The State arms may be used with such external ornaments as are consistent with their status as arms and symbols of dominion and sovereignty.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Replacement of Royal arms of the United Kingdom","content":"#### 5 Replacement of Royal arms of the United Kingdom\n\n5 Replacement of Royal arms of the United Kingdom\n\n> > (1) As soon as practicable after the commencement of this Act, any Royal arms of the United Kingdom used to represent the authority of the Crown in right of the State or the State in or on any public building, or public place that is the property of the Crown in right of the State or of the State and is intended to represent the authority of the Crown in right of the State or of the State, are to be removed and replaced by the State arms.\n> \n> > (2) As soon as practicable (but in any event within 3 years) after the commencement of this Act, any Royal Arms of the United Kingdom on any document, seal or other object (not being a fixture or otherwise part of a building) that is the property of the Crown in right of the State or of the State, and is intended to be used to represent the authority of the Crown in right of the State or of the State, are to be removed and replaced by the State arms.\n> \n> > (3) Subsection (1) does not apply in relation to a building or place in respect of which the Premier, after consultation with the Heritage Council, determines that the Royal arms of the United Kingdom there displayed form an integral part of an item of the environmental heritage of the State.\n> \n> > (4) In any building or place to which subsection (1) does not apply because of subsection (3), the State arms must be used and displayed in a prominent position to represent the authority of the Crown in right of the State or the State, as the case may be, in addition to the Royal arms of the United Kingdom while they continue to be displayed there.\n> \n> > (5) Sculpted arms, or arms in any durable form, that are removed in accordance with this section are to be housed or otherwise dealt with in such manner as the Premier, after consultation with the Heritage Council, may direct. Such a direction is to be aimed at their being housed or otherwise dealt with in a manner that, whether they are to be held in public or private ownership, will ensure their appropriate conservation, interpretation and display as part of the constitutional, legal, cultural and artistic heritage of the State.\n> \n> > (6) Consultation with the Heritage Council is sufficient for the purposes of this section if the Premier has requested advice from the Council about the matter concerned and has taken into consideration any response received from the Council within 60 days of making the request.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Unauthorised use of State arms and State symbols","content":"#### 6 Unauthorised use of State arms and State symbols\n\n6 Unauthorised use of State arms and State symbols\n\n> > (1) A person must not print, issue or use the State arms or a State symbol in connection with any trade, business, calling or profession, or the collection of debts, without the authority of the Governor or Attorney General proof of which lies on the person.\n> \n> > (2) This section does not require any such authority for a person to fly the State flag.\n> \n> > (3) In this section, State arms and State symbol include any arms or symbol so nearly resembling the State arms or a State symbol as to be likely to deceive.\n> \n> Maximum penalty: 100 penalty units.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 7 Nature of proceedings for offences\n\n7 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act may be dealt with summarily before the Local Court.\n> \n> **s 7:** Am 2007 No 94, Sch 2.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":7},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"State arms","content":"# Schedule 1 State arms\n\nSchedule 1 State arms\n\n(Section 3)","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Blazon","content":"# Part 1 Blazon\n\nPart 1 Blazon\n\nAzure a cross argent voided gules charged in the centre chief point with a lion passant guardant, and on each member with a mullet of eight points or between in the first and fourth quarters a fleece or banded argent and in the second and third quarters a garb also or: And for a crest, on a wreath of the colours a rising sun each ray tagged with a flame of fire proper: And for the supporters, on the dexter side a lion rampant guardant: And on the sinister side a kangaroo both or, together with this motto, “Orta Recens Quam Pura Nites,” (Recently arisen, how brightly you shine)\n\nNote—\n\nAt the commencement of this Act, the State arms were the armorial ensigns and supporters assigned for New South Wales by Royal warrant of His Majesty King Edward VII on 11 October 1906.","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Indicative monochrome depiction","content":"# Part 2 Indicative monochrome depiction\n\nPart 2 Indicative monochrome depiction\n\nState arms\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D001)%20AND%20(Year%3D2004)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)","sortOrder":11},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"State symbols","content":"# Schedule 2 State symbols\n\nSchedule 2 State symbols\n\n(Section 3)","sortOrder":12},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"State emblems","content":"# Schedule 3 State emblems\n\nSchedule 3 State emblems\n\n(Section 3)\n\nThe animal emblem of New South Wales is the platypus (*Ornithorhynchus anatinus*).\n\nThe bird emblem of New South Wales is the kookaburra (*Dacelo novaeguineae*).\n\nThe floral emblem of New South Wales is the waratah (*Telopea speciosissima*).\n\nThe state fish of New South Wales is the blue groper (*Achoerodus viridis*).\n\nThe gemstone emblem of New South Wales is the black opal.\n\nThe fossil emblem of New South Wales is *Mandageria fairfaxi*.\n\n**sch 3:** Am 2008 No 70, sec 3; 2015 No 33, sec 3.","sortOrder":15}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the Act has materially changed in scope from its original 2004 intent. The amendments visible in the version history appear to be routine updates rather than expansions or contractions of the law's purpose. The Act has remained focused on state arms, symbols and emblems as suggested by its unchanged title across all versions."},"complexity_factors":["Limited substantive content was available for analysis — only metadata and status information was provided, not the actual operative sections of the Act","Based on title and nature, this type of legislation is typically straightforward and declaratory (it names and protects official symbols rather than creating complex regulatory regimes)","Has been amended multiple times since 2004 (five versions), suggesting some evolution, but the subject matter remains narrow","Sits under responsibility of the Premier and Special Minister of State, indicating some administrative complexity in oversight"],"plain_english_summary":"The State Arms, Symbols and Emblems Act 2004 (NSW) formally recognises and regulates New South Wales’ official symbols — notably the State coat of arms and other emblems — and governs their use. It affects government bodies, businesses, creators and anyone reproducing those symbols, protecting official emblems from unauthorised or inappropriate use."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been altered by later amendments: Schedule 3 (State emblems) was amended in 2008 and 2015, changing which emblems are listed and thus the Act's substantive content; section 7 was amended in 2007 (affecting proceedings); and section 8 was repealed in 2011. These amendments modify who and what is covered (emblems listed) and some procedural elements, so the current scope differs from the original 2004 text."},"complexity_factors":["Heraldic and descriptive definitions in Schedules 1–2 (blazons, monochrome depictions) increase interpretive complexity for correct depiction.","Discretion vested in the Premier to issue usage guidelines and to direct conservation/housing of removed arms after consultation (s 4(3); s 5(5)–(6)).","Mandatory replacement obligations with staged timeframes and a heritage exception requiring consultation with the Heritage Council (s 5(1)–(4)); interaction with Heritage Act 1977 via defined Heritage Council.","Prohibition on commercial use with an evidential onus on the user to prove authority from the Governor or Attorney‑General (s 6).","Enforcement and sanctions: maximum penalty of 100 penalty units and summary proceedings in the Local Court (s 6; s 7).","Differential treatment of fixtures/architectural elements versus movable objects (s 5(1)–(2)) creates distinct administrative routes.","Amendment history and schedule changes (sch 3 amended 2008, 2015; s 7 amended 2007; s 8 repealed 2011) require attention to versioning and current content."],"plain_english_summary":"This Act requires New South Wales government bodies and official places to use the State arms or other State symbols instead of the United Kingdom Royal arms for official purposes, defines those arms and symbols, and sets how they may be depicted. It mandates replacement of Royal arms on public property within set timeframes and prohibits using the State arms for trade or debt collection without Governor or Attorney‑General authority, creating compliance duties for public agencies and a permit/onus requirement for private users."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and regulating the use of NSW state symbols, arms, and emblems. The amendments noted (2007, 2008, 2011, 2015) are minor procedural updates (court jurisdiction changes) and additions to the list of state emblems (fish, gemstone, fossil), which are consistent with the Act's core function of defining state symbols."},"complexity_factors":["Short length (7 operative sections plus schedules)","Minimal cross-referencing (only references to Heritage Act 1977 and internal schedules)","Straightforward conditional logic (simple exceptions in sections 5(3) and 6(2))","7 defined terms in interpretation section","Schedules contain primarily descriptive/heraldic content rather than legal rules","No nested exceptions or complex temporal provisions beyond 'as soon as practicable' timeframes"],"plain_english_summary":"This law establishes the official symbols of New South Wales and rules about how they must be used.\n\n**What it does:**\n- **Defines the State's official identity**: It sets out the legal descriptions of the NSW coat of arms (the State arms), the State flag, the State badge, and other official symbols like the waratah (flower), platypus (animal), and kookaburra (bird).\n- **Replaces British symbols with NSW ones**: Government buildings, courthouses, the Governor's residence, official documents and seals must use NSW symbols instead of the British Royal arms. Existing British arms on buildings must be removed and replaced with NSW arms, unless they are historically significant heritage items.\n- **Protects against misuse**: It is illegal to use the State arms or symbols for business purposes—like on letterheads, to collect debts, or in trade—without permission from the Governor or Attorney General. However, anyone can fly the State flag without permission.\n- **Preserves heritage**: If British arms are historically important, they can stay but must be accompanied by NSW arms in a prominent position. Removed British arms must be conserved as heritage items.\n\n**Who it affects:**\n- Government departments and agencies (must use correct symbols)\n- Owners of public buildings (must replace British arms)\n- Businesses and individuals (cannot use State symbols commercially without permission)\n- The Heritage Council (advises on heritage protection)\n\n**Why it matters:**\nThis law asserts NSW's distinct identity separate from Britain. It ensures consistent use of official symbols across government and protects them from commercial exploitation, while respecting historical heritage."}},"importantCases":[],"_links":{"self":"/api/acts/state-arms-symbols-and-emblems-act-2004","history":"/api/acts/state-arms-symbols-and-emblems-act-2004/history","analysis":"/api/acts/state-arms-symbols-and-emblems-act-2004/analysis","conflicts":"/api/acts/state-arms-symbols-and-emblems-act-2004/conflicts","importantCases":"/api/acts/state-arms-symbols-and-emblems-act-2004/important-cases","documents":"/api/acts/state-arms-symbols-and-emblems-act-2004/documents"}}