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State Flag And Armorial Bearings Act

Commencement: 30 July 1980

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 107

STATE FLAG AND ARMORIAL BEARINGS

JR 9 of 1980

ARRANGEMENT OF SECTIONS

SECTION

1. Interpretation

2. Prohibition
3. Restriction on proceedings

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STATE FLAG AND ARMORIAL BEARINGS

To provide for the protection of the State Flag and Armorial Bearings, State Emblem and Presidential Standard.

INTERPRETATION

1. In this Act, unless the context otherwise requires -

"Armorial Bearings" means the Armorial Bearings or State Emblem of Vanuatu as published by the Minister in the Gazette;

"Minister" means the minister responsible for the protection of the State Flag, Armorial Bearings, and Presidential Standard;

"Presidential Standard" means the standard of the President of the Republic of Vanuatu as published by the Minister in the Gazette;

"State Flag" means the State Flag of the Republic of Vanuatu as published by the Minister in the Gazette.

PROHIBITION

2. (1) Except with the written permit of the Minister, which may be given in general or particular terms, and subject to any conditions which the Minister may specify in the permit, no person shall -
   
   • (a) sell or display for sale or have in his possession for sale, or make for sale; or
     

(b) use in connection with any business, trade, calling or profession;

any copy of the State Flag, the Presidential Standard or the Armorial Bearings, or a thing so closely resembling any of them as to lead to the belief that the thing is one of them.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine of VT50,000.

(3) The court before which any person is convicted of an offence under subsection (2) may, in addition to imposing any other punishment, order that any thing by means or in respect of which the offence was committed shall be forfeited.

RESTRICTION OF PROCEEDINGS

3. No proceedings for an offence against section 2 shall be instituted without the consent of the Public Prosecutor.
   

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SUBSIDIARY LEGISLATION

PUBLIC DECLARATION (19/3/1980)

1. The Schedule to this declaration contains the National Flag, the National Emblem and the National Coat of Arms (hereafter called "the National Symbols") of Vanuatu.
   
2. The Government of Vanuatu claims absolute copyright in the National Symbols with effect from the 18th day of February 1980.
   
3. The Government is not prepared to allow any infringement of that copyright in Vanuatu or any other part of the world.
   
4. Legislation has been prepared to protect the National Symbols from commercial exploitation.
   
5. The Government appreciates that commercial exploitation of the National Symbols is not necessarily undesirable. For that reason it is prepared to consider the issuing of licences for commercial exploitation which will be subject to conditions. One condition will be that any reproduction of a National Symbol under licence will be subject to approval of the design of the article by the Government.
   
6. The Government may also require a royalty payment from all persons who are licensed to reproduce and sell a National Symbol.
   
7. Any person who wishes to obtain a licence in accordance with this declaration should apply to the Minister.
   

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