3. Improper use of Royal or other Arms an offence
(1) Every person who, directly or indirectly, without the previous written authority of Her Majesty, or of any member of the Royal Family, or of any Government Department in the United Kingdom, or of the Governor-General or Governor or other person administering the Government of any part of Her Majesty's Dominions (exclusive of the United Kingdom), or of any Government Department in any such part of Her Majesty's Dominions, or without the authority of any Act or Ordinance in force in any part of Her Majesty's Dominions (including the United Kingdom) ¾
(a) prints, publishes, manufactures or uses or causes to be printed, published, manufactured or used; or
(b) sends, distributes or delivers to, or serves on, or causes to be sent, distributed or delivered to, or served on, any person,
any document, material or object in or upon which the Royal Arms or the Arms of any part of Her Majesty's Dominions, or Arms or any token insignia or emblem so nearly resembling the Royal Arms or the Arms of any part of Her Majesty's Dominions as to be likely to deceive or be capable of being mistaken for the same, appear ¾
(c) for any commercial purpose; or
(d) in such a manner as to suggest that the document, material or object has official significance,
shall be guilty of an offence and is liable to a penalty of $500 but this subsection shall not apply to or in relation to the promotion, sale or use of any document, material or object printed, published or manufactured with the authority referred to in this subsection.
(2) In any proceedings in respect of an offence under this section the onus of proving that authority has been duly given shall lie upon the person charged.
(3) In any charge of an offence under this section it shall be sufficient to set forth that the act was done without due authority instead of setting forth in the words of subsection (1) that the act was done without the authority referred to in that subsection.
(4) In any proceedings under this section, if any person is named on any paper, writing or object mentioned in this section in such manner as to imply that he is the printer, publisher, manufacturer, seller or sender of the same, that person shall prima facie be deemed to be the person who printed, published, manufactured, sold or sent that paper, writing or object.
[Section 3 amended by No. 84 of 2004 s. 80.]