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New South Wales act
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.
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Direct links to the current provisions in Discharged Servicemen’s Badges Act 1964.
2 Interpretation
(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).
(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.
s 2: Am 2009 No 56, Sch 4.13.
3 Unauthorised wearing of badges
(1) A person shall not, without lawful excuse, wear:
(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
(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.
(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:
(a) he has been served, in the manner provided by those rules, with notice of his failure to pay those moneys, and
(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.
4 Penalty and proceedings for offences
(1) A person guilty of an offence against this Act is liable to a penalty not exceeding 2 penalty units.
(2) All proceedings for offences against this Act shall be disposed of summarily before the Local Court.
s 4: Am 1993 No 46, Sch 1; 1999 No 31, Sch 4.26; 2007 No 94, Sch 2.
Schedule
Returned and Services League of Australia (New South Wales Branch).
Australian Flying Corps and Royal Australian Air Force Association, New South Wales Division.
Australian Legion of Ex-Servicemen and Women.
Naval Association of Australia.
T.B. Sailors, Soldiers’& Airmen’s Association of New South Wales Incorporated.
The Totally and Permanently Disabled Soldiers’ Association of Australia (New South Wales Branch).
NSW Association of Jewish Ex-Servicemen & Women.
Partially Blinded Soldiers’ Association of Australia (New South Wales Branch).
Royal Australian Armoured Corps Association of New South Wales.
Thirtyniners’ Association of Australia.
New South Wales Ex-Prisoners of War Association.
Gallipoli Legion of Anzacs of New South Wales.
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.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Discharged Servicemen’s Badges Act 1964.
2 Interpretation
(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).
(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.
s 2: Am 2009 No 56, Sch 4.13.
3 Unauthorised wearing of badges
(1) A person shall not, without lawful excuse, wear:
(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
(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.
(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:
(a) he has been served, in the manner provided by those rules, with notice of his failure to pay those moneys, and
(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.
4 Penalty and proceedings for offences
(1) A person guilty of an offence against this Act is liable to a penalty not exceeding 2 penalty units.
(2) All proceedings for offences against this Act shall be disposed of summarily before the Local Court.
s 4: Am 1993 No 46, Sch 1; 1999 No 31, Sch 4.26; 2007 No 94, Sch 2.
Schedule
Returned and Services League of Australia (New South Wales Branch).
Australian Flying Corps and Royal Australian Air Force Association, New South Wales Division.
Australian Legion of Ex-Servicemen and Women.
Naval Association of Australia.
T.B. Sailors, Soldiers’& Airmen’s Association of New South Wales Incorporated.
The Totally and Permanently Disabled Soldiers’ Association of Australia (New South Wales Branch).
NSW Association of Jewish Ex-Servicemen & Women.
Partially Blinded Soldiers’ Association of Australia (New South Wales Branch).
Royal Australian Armoured Corps Association of New South Wales.
Thirtyniners’ Association of Australia.
New South Wales Ex-Prisoners of War Association.
Gallipoli Legion of Anzacs of New South Wales.
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.