CITY OF CANBERRA ARMS ACT 1932 - TABLE OF PROVISIONS 1. Name of Act 2. Dictionary 3. Notes 4. Meaning of City of Canberra Arms 5. Offences against Act--application of Criminal Code etc 6. Unauthorised use of City of Canberra Arms DICTIONARY ENDNOTES CITY OF CANBERRA ARMS ACT 1932 - SECT 1 Name of Act This Act is the City of Canberra Arms Act 1932. CITY OF CANBERRA ARMS ACT 1932 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition 'City of Canberra Arms--see section 4.' means that the term 'City of Canberra Arms' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). CITY OF CANBERRA ARMS ACT 1932 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. CITY OF CANBERRA ARMS ACT 1932 - SECT 4 Meaning of City of Canberra Arms In this Act: "City of Canberra Arms" means the Arms and Crest of the City of Canberra granted by royal warrant to the Federal Capital Commissioners, Australia, appointed under the Seat of Government (Administration) Act 1924 (Cwlth), and their successors in their corporate capacity, and includes the Supporters to those Arms. CITY OF CANBERRA ARMS ACT 1932 - SECT 5 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. CITY OF CANBERRA ARMS ACT 1932 - SECT 6 Unauthorised use of City of Canberra Arms (1) A person commits an offence if the person uses in relation to any trade, business, calling or profession-- (a) the City of Canberra Arms; or (b) arms or a device or design that is likely to be taken to be the City of Canberra Arms. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply in relation to a use authorised by the Minister. (4) If, in a prosecution for an offence against this section, it is proved that the City of Canberra Arms or the other arms, device or design was displayed on any goods manufactured, produced, sold or offered for sale by the defendant, it is presumed, unless the contrary is proved, that the defendant used it in relation to a trade, business, calling or profession. CITY OF CANBERRA ARMS ACT 1932 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o Minister (see s 162) o penalty unit (see s 133). "City of Canberra Arms"--see section 4. CITY OF CANBERRA ARMS ACT 1932 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph cl = clause pres = present def = definition prev = previous dict = dictionary (prev...) = previously disallowed = disallowed by the Legislative pt = part Assembly r = rule/subrule div = division reg = regulation/subregulation exp = expires/expired renum = renumbered Gaz = Gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the City of Canberra Ordinance 1932 No 3 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment City of Canberra Arms Act 1932 No 3 notified 11 February 1932 commenced 11 February 1932 as amended by Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 notified 23 December 1966 commenced 23 December 1966 Legislation after becoming Territory enactment Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Legislation (Consequential Amendments) Act 2001 No 44 pt 61 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 61 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.12 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.12 commenced 24 November 2005 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.16 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.16 commenced 12 April 2007 (s 2 (1)) 4 Amendment history Dictionarys 2 om 2001 No 44 amdt 1.719 ins A2007-3 amdt 3.68 Notess 3 sub A2007-3 amdt 3.68 Meaning of City of Canberra Armss 4 am 1966 No 19; 1998 No 54 sch sub A2005-54 amdt 1.76; A2007-3 amdt 3.68 Offences against Act--application of Criminal Code etcs 5 ins A2005-54 amdt 1.76 Unauthorised use of City of Canberra Armss 6 ins A2005-54 amdt 1.76 Dictionarydict ins A2007-3 amdt 3.69 def City of Canberra Arms ins A2007-3 amdt 3.69 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Ord 1966 No 19 31 May 1991 2 A2001-44 16 July 2002 3 A2005-54 24 November 2005 (c) Australian Capital Territory 2007 CITY OF CANBERRA ARMS ACT 1932 - NOTES Australian Capital Territory A1932-3 Republication No 4 Effective: 12 April 2007 Republication date: 12 April 2007 Last amendment made by A2007-3Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the City of Canberra Arms Act 1932 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory City of Canberra Arms Act 1932 Endnotes Australian Capital Territory City of Canberra Arms Act 1932 An Act for the protection of the arms of the City of Canberra