Queensland RETURNED SERVICEMEN'S BADGES ACT 1956 Reprinted as in force on 10 November 1995 (includes amendments up to Act No. 32 of 1993) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning-This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 10 November 1995. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) The reprint includes a reference to the law by which each amendment was made-see List of legislation and List of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to- · update citations and references (pt 4, div 2) · express gender specific provisions in a way consistent with current drafting practice (s 24) · use standard punctuation consistent with current drafting practice (s27) · use expressions consistent with current drafting practice (s29) · relocate marginal or cite notes (s 34) · use aspects of format and printing style consistent with current drafting practice (s 35) · omit the enacting words (s 42A) · number and renumber [certain] provisions and references (s 43). Also see endnotes for information about- · when provisions commenced · editorial changes made in the reprint, including- · Table of corrected minor errors · Table of renumbered provisions. Queensland Returned Servicemen's Badges Act 1956 Returned Servicemen's Badges Act 1956 RETURNED SERVICEMEN'S BADGES ACT 1956 TABLE OF PROVISIONS Section Page 1 Short title 3 2 Interpretation 3 3 Unauthorised use or possession of badges 3 4 Unauthorised use or possession of badges of prescribed returned service personnel associations 4 5 Summary proceedings 6 ENDNOTES 1 Index to endnotes 7 2 Date to which amendments incorporated 7 3 Key 7 4 List of legislation 8 5 List of annotations 8 6 Table of corrected minor errors 9 7 Table of renumbered provisions 9 RETURNED SERVICEMEN'S BADGES ACT 1956 [as amended by all amendments that commenced on or before 10 November 1995] An Act relating to the unauthorised use or possession of membership badges issued by the corporation currently named the Returned & Services League of Australia (Queensland Branch) and by other associations s 1 Returned Servicemen's Badges Act 1956s 3 s 1 Returned Servicemen's Badges Act 1956s 3 ÷Short title 1. This Act may be cited as the Returned Servicemen's Badges Act 1956. ÷Interpretation 2. In this Act- "league" means the corporation- (a) formerly named the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia, Queensland Branch; and (b) subsequently named the Returned Services League of Australia (Queensland Branch); and (c) now named the Returned & Services League of Australia (Queensland Branch). "returned service personnel badge" means a badge of the kind issued by the league for the purpose of indicating that the wearer is a member of the league. ÷Unauthorised use or possession of badges 3.(1) A person who is not a member of the league shall not wear, or s 4 Returned Servicemen's Badges Act 1956s 4 s 4 Returned Servicemen's Badges Act 1956s 4 without lawful excuse, have in his or her possession- (a) any returned service personnel badge; or (b) any badge similar to a returned service personnel badge, or so nearly similar to a returned service personnel badge as to be likely to deceive. (1A) However, it shall not be an offence against this section for any person who has ceased to be a member of the league to wear or have in his or her possession a returned service personnel badge lawfully obtained by the person while he or she was such a member. (2) A person who contravenes this section shall be guilty of an offence. Maximum penalty- (a) for a first offence-1 penalty unit; and (b) for a subsequent offence-2 penalty units. ÷Unauthorised use or possession of badges of prescribed returned service personnel associations 4.(1) In this section- "prescribed returned service personnel association" means- (a) Gallipoli Legion of Anzacs (Queensland Branch); and (b) Queensland Ex-Prisoners of War Association; and (c) Australian Flying Corps and Royal Australian Air Force Association; and (d) during any time when this Act applies to any association, body, or organisation of persons under a regulation under subsection (2), that association, body, or organisation. "membership badge", in relation to any prescribed returned service personnel association, means a badge of the kind issued by that association for the purpose of indicating that the wearer is a member thereof. (2) Subject to subsection (2A), the Governor in Council may, by regulation, declare that this Act applies to a specified association, body, or organisation of persons. s 4 Returned Servicemen's Badges Act 1956s 4 s 4 Returned Servicemen's Badges Act 1956s 4 (2A) Before by regulation declaring that this Act applies to an association, body, or organisation of persons, the Governor in Council shall be satisfied that such association, body, or organisation is bona fide comprised of discharged service personnel, that is to say- (a) members discharged from enlistment or appointment for active service with any of Her Majesty's naval, military, or air forces or with the forces of the United Nations; and (b) members discharged from service with any of Her Majesty's naval, military, or air forces, to which they were or shall be enlisted, appointed or called out during any war in which Her Majesty (or any of Her Majesty's predecessors) was or shall be engaged; and (c) for the purposes of applying this section to females, includes any service forming part of any of the forces referred to in paragraphs (a) and (b), including service as medical practitioner, or nurse, or masseuse or otherwise. (3) A person who is not a member of a prescribed returned service personnel association shall not wear, or without lawful excuse, have in his or her possession- (a) any membership badge; or (b) any badge similar to a membership badge, or so nearly similar to a membership badge as to be likely to deceive. (3A) However, it shall not be an offence against this subsection for any person who has ceased to be a member of a prescribed returned service personnel association to wear or have in his or her possession a membership badge lawfully obtained by the person while he or she was such a member. (4) A person who contravenes this section shall be guilty of an offence. Maximum penalty- (a) for a first offence-1 penalty unit; and (b) for a subsequent offence-2 penalty units. s 5 Returned Servicemen's Badges Act 1956s 5 s 5 Returned Servicemen's Badges Act 1956s 5 ÷Summary proceedings 5. Offences against this Act may be prosecuted in a summary way under the Justices Act 1886. Returned Servicemen's Badges Act 1956 Returned Servicemen's Badges Act 1956 _ENDNOTES ´1 Index to endnotes Page 2 Date to which amendments incorporated 7 3 Key 7 4 List of legislation 8 5 List of annotations 8 6 List of corrected minor errors 9 7 Table of renumbered provisions 9 ´2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 10 November 1995. Future amendments of the Returned Servicemen's Badges Act 1956 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´3 Key Key to abbreviations in list of legislation and annotations AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation ch = chapter prov = provision def = definition pt = part div = division pubd = published exp = expires/expired R[X] = Reprint No.[X] gaz = gazette RA = Reprints Act 1992 hdg = heading reloc = relocated ins = inserted renum = renumbered lap = lapsed rep = repealed notfd = notified s = section om = omitted sch = schedule o in c = order in council sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous ´4 List of legislation Returned Servicemen's Badges Act 1956 5 Eliz 2 No. 4 date of assent 29 October 1956 commenced on date of assent as amended by- Returned Servicemen's Badges Act Amendment Act 1957 6 Eliz 2 No. 6 date of assent 10 April 1957 commenced on date of assent Returned Servicemen's Badges Acts Amendment Act 1958 7 Eliz 2 No. 40 date of assent 21 November 1958 commenced on date of assent Religious Educational and Charitable Institutions Act and Other Acts Amendment Act 1977 No. 38 pt 4 date of assent 23 September 1977 commenced 1 May 1978 (proc pubd gaz 22 April 1978 p 1641) Statute Law (Miscellaneous Provisions) Act 1993 No. 32 s 3 sch 1 date of assent 3 June 1993 commenced 1 March 1994 (1994 SL No. 31) ´5 List of annotations Long title amd 1957 6 Eliz 2 No. 6 s 2; 1977 No. 38 pt 4 s 15 sub 1993 No. 32 s 3 sch 1 Interpretation s 2 def "league" ins 1993 No. 32 s 3 sch 1 def "returned service personnel badge" amd R1 (see RA s 24) def "The League" amd 1977 No. 38 pt 4 s 16 om 1993 No. 32 s 3 sch 1 Unauthorised use or possession of badges s 3 amd 1993 No. 32 s 3 sch 1 Unauthorised use or possession of badges of prescribed returned service personnel associations s 4 ins 1957 6 Eliz 2 No. 6 s 3 amd 1958 7 Eliz 2 No. 40 s 2; 1993 No. 32 s 3 sch 1 Summary proceedings s 5 (prev s 4) renum 1957 6 Eliz 2 No. 6 s 4 ´6 Table of corrected minor errors TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Section Description 4(2) om 'Subject to section (2A)' ins 'Subject to subsection (2A)' ´7 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 3(1), 2nd sentence 3(1A) 4(2A)(i) 4(2A)(a) 4(2A)(ii) 4(2A)(b) 4(2A)(iii) 4(2A)(c) 4(3), 2nd sentence 4(3A)