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The Breen Bill

The Breen Bill to remove the Royal Coat of Arms has gone through its First Reading and it is becoming urgent that those who are opposed to the removal of the symbols of our Constitutional Monarchy act positively and without delay.

The Bills claims the Royal Coat of Arms to be 'of the United Kingdom' whereas by our own Constitution they have, in the State of New South Wales, become the Royal Coat of Arms of the State.

Whilst there is no legal impediment to the removal of the Royal Coats of Arms there are political arguments, the main one of which is that the major support base of Traditional Labor is also the main support base for the Monarchy and if we can persuade the Premier that he could well antagonise them Traditional Labor by supporting the removal of these Arms, he may decide to withdraw his support which would mean that the Bill would be defeated.

Your assistance would be appreciated by emailing or otherwise contacting Hon Robert Carr
Premier of New South Wales
bob.carr@www.nsw.gov.au
Level 40 - Governor Macquarie Tower
1 Farrer Place
Sydney 2000
Phone: 02 9228 5239
Fax: 02 9228 3935

IN YOUR OWN WORDS requesting him not to support the: 'State Arms, Symbols and Emblems Bill - 2003'.

The following arguments can be used as a guide:

1) We had a referendum in 1999 and until the people may later decide to vote for a Republic, we should not remove the Royal Coat of Arms.
2) The Royal Coats of Arms have become a part of our cultural heritage and the cost involved is too great to pander to the fancies of politicians, particularly when the People rejected a republic only four years ago.

It is important that you do not just copy this email, as it will defuse the whole point of the campaign.

A copy of the Bill is given below for your information.

With regards,

Philip Benwell
National Chairman
Australian Monarchist League
secretary@monarchist.org.au


THE STATE ARMS, SYMBOLS AND EMBLEMS BILL - 2003

Introduced by the Hon P J Breen, MLC First print b03-751-p01.03
New South Wales State Arms, Symbols and Emblems Bill
2003
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to cause the practice of displaying and otherwise using the Royal arms of the United Kingdom in connection with Parliament, the courts, the office of Governor and State instrumentalities to be discontinued, and to require the State arms or State symbols to be used instead, and
(b) to confirm the form of the current State arms, symbols and emblems and to make provision for them to be changed in the future, and
(c) to restrict the use of State arms and State symbols.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Explanatory note page 2
State Arms, Symbols and Emblems Bill 2003
Explanatory note
Clause 2 provides for the commencement of the proposed Act on the date of assent.
Clause 3 defines certain words and expressions used in the proposed Act, including "State arms", "State emblem" and "State symbol".
Clause 4 provides that the State arms or State symbols, rather than the Royal arms of the United Kingdom, are to represent the authority of the State in a Parliament building, a courthouse, an office or official residence of the Governor or a Government office, and in any other place or building, and on any seal or document, used for official purposes.
Clause 5 empowers the Governor-in-Council to assign new State arms, symbols or emblems, to withdraw or alter any State arms or symbols, and to discontinue recognition of anything as a State emblem.
Clause 6 requires that, as soon as practicable (but in any event within 3 years) after the commencement of the proposed Act, the Royal arms of the United Kingdom, where displayed or otherwise used in or on any public building or public place or on any official seal or document intended for future use are to be replaced by the State arms, except in limited circumstances.
Clause 7 establishes the State Heraldry Advisory Committee which will advise the Premier on matters arising for decision under the proposed Act.
Clause 8 creates an offence if a person uses the State arms or a State symbol otherwise than exclusively for loyal and patriotic purposes or in other specified circumstances.
Clause 9 provides for offences against proposed section 8 to be disposed of before a Local Court.
Clause 10 repeals the Unauthorised Documents Act 1922.

Schedule 1 specifies the State arms.
Schedule 2 specifies State symbols, namely the State badge and the State flag.
Schedule 3 describes the State emblems, namely the platypus, kookaburra, waratah and blue groper.

Contents
New South Wales State Arms, Symbols and Emblems Bill 2003
Introduced by the Hon P J Breen, MLC First print
1 NameofAct 2
2 Commencement 2
3 Definitions 2
4 State arms or symbols to be used for all official purposes 3
5 Changes in State arms, symbols or emblems 3
6 Replacement of Royal arms of the United Kingdom 4
7 State Heraldry Advisory Committee 4
8 Restrictions on use of State arms and symbols 5
9 Nature of proceedings for offences 6
10 Repeal of Unauthorised Documents Act 1922 No 6 6
Schedules
1 Statearms 7
2 State symbols 8
3 State emblems 10

No , 2003
A Bill for State Arms, Symbols and Emblems Bill 2003 New South Wales
An Act with respect to the use of the arms, symbols and emblems of the State.
The Legislature of New South Wales enacts:

1 Name of Act
This Act is the State Arms, Symbols and Emblems Act 2003.

2 Commencement
This Act commences on the date of assent.

3 Definitions
In this Act:
Heritage Council means the Heritage Council of New South Wales established under the Heritage Act 1977.
official purpose does not include a merely historical or heritage purpose (such as the purpose of a museum or historical exhibition).
Royal arms of the United Kingdom means the arms of sovereignty and dominion borne by Her Majesty Queen Elizabeth II in her capacity as Queen of the United Kingdom of Great Britain and Northern Ireland (as used in England, Scotland or any other part of that kingdom) or by any of her predecessors in the sovereignty of that kingdom or any part of it, which are also collectively known as the Royal arms, and includes any arms that replace those arms.
State arms means the armorial ensigns and supporters the blazon of which is set out in Part 1 of Schedule 1 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 1.
The State arms may be depicted in the colours set out in the blazon or in monochrome.
State emblem means any flower, animal, bird or other animate or inanimate object the description of which is set out in Schedule 3.
State Heraldry Advisory Committee means the committee constituted for the time being under section 7.
State symbols means:
(a) the State badge the blazon of which is set out in Part 1 of Schedule 2 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 2 (the State badge may be depicted in the colours set out in the blazon or in
monochrome), and
(b) the State flag a description of which is set out in Part 1 of Schedule 2 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 2, and
(c) any other symbol or thing the blazon or a description of which is set out in Part 1 of Schedule 2 and an indicative monochrome depiction of which is set out in Part 2 of Schedule 2. to use the State arms or a State symbol includes to display the State arms or State symbol.

4 State arms or symbols to be used for all official purposes
(1) Whenever, in a Parliament building, a courthouse, an office or official residence of the Governor or a Government office, in any other building or place, or on any official seal or document, or in any other connection, arms representing the authority of the Crown or the State are used or to be used for any official purpose, the State arms are or a State symbol is to be used, and not the Royal arms of the United Kingdom.
(2) The State arms and each State symbol may be depicted in any manner that is consistent with the relevant blazon or description in Schedule 1 or 2.
(3) After considering the advice of the State Heraldry Advisory Committee, the Premier may adopt, and from time to time amend, guidelines to assist government departments and instrumentalities and others in the proper use of State arms and State symbols.
(4) The State arms may be used with such external ornaments as are consistent with their status as arms and symbols of dominion and sovereignty.

5 Changes in State arms, symbols or emblems
(1) From time to time the Governor may, by Royal warrant issued on the recommendation of the Premier made after considering the advice of the State Heraldry Advisory Committee, assign new State arms, symbols or emblems, withdraw or alter any State arms or symbols or terminate the recognition of anything as a State emblem.
(2) A Royal warrant issued under this section takes effect for the purposes of this Act when its terms are published in the Gazette.
(3) Schedules 1, 2 and 3 may be amended by proclamation to give effect to the terms of any such Royal warrant.

6 Replacement of Royal arms of the United Kingdom
(1) As soon as practicable (but in any event within 3 years) after the commencement of this Act, any Royal arms of the United Kingdom used to represent the authority of the Crown in right of the State or the State in or on any public building, public place, document, seal or other object that is the property of the Crown in right of the State or of the State and is intended to represent the authority of the Crown in right of the State or of the State, are to be removed and replaced by the State arms.
(2) Subsection (1) does not apply in relation to a building or place in respect of which the Premier, after consultation with the Heritage Council and the State Heraldry Advisory Committee, determines that the Royal arms of the United Kingdom there displayed form an integral part of an item of the environmental heritage of the State.
(3) In any building or place to which subsection (1) does not apply because of subsection (2), the State armsmust be used and displayed in a prominent position to represent the authority of the Crown in right of the State or the State, as the case may be, in addition to the Royal arms of the United Kingdom while they continue to be displayed there.
(4) Sculpted arms, or arms in any durable form, that are removed in accordance with this section are to be housed or otherwise dealt with in such manner as the Premier, after consultation with the Heritage Council and the State Heraldry Advisory Committee, may direct. Such a direction is to be aimed at their being housed or otherwise dealt with in a manner that, whether they are to be held in public or private ownership, will ensure their appropriate conservation, interpretation and display as part of the constitutional, legal, cultural and artistic heritage of the State.
(5) Consultation with the Heritage Council or the State Heraldry Advisory Committee is sufficient for the purposes of this section if the Premier has requested advice from the Council or Committee about the matter concerned and has taken into consideration any response received from the Council or Committee within 60 days of making the request.

7 State Heraldry Advisory Committee
(1) There is to be a State Heraldry Advisory Committee consisting of not more than 8 persons appointed by the Premier as members of the Committee for the time being.
(2) The function of the Committee is to advise the Premier on matters arising for decision under this Act, the administration of this Act and on any matter referred to the Committee by the Premier.
(3) Members are to be appointed so that at any time the majority of the members are persons the Premier is satisfied are expert in heraldic theory, law and usage.
(4) Unless sooner removed from office by the Premier for any reason the Premier considers sufficient and notifies to the member concerned, each member has a term of office of 3 years commencing with the date of the member's appointment, but is eligible for re-appointment.
(5) The Premier may call a meeting of the Committee at any time and a decision supported by a majority of the votes of the members of the Committee present and voting on a matter at a meeting of the Committee is the decision of the Committee on the matter. Except as provided by this subsection, the Committee may determine when and how its meetings are to be convened and its proceedings are to be conducted.
(6) The Committee is not a statutory body representing the Crown.

8 Restrictions on use of State arms and symbols
(1) A person, other than the Crown or a statutory body representing the Crown, who uses State arms or a State symbol for any purpose other than an exclusively loyal or patriotic purpose, or exclusively loyal and patriotic purposes, is guilty of an offence unless:
(a) the person is acting in the course of the person's employment by the Crown or a statutory body representing the Crown, or
(b) the person is authorised by Royal warrant issued by the Governor or authorised by a proclamation to use the State arms or State symbol in the circumstances concerned.
Maximum penalty: 100 penalty units.
(2) If the State arms or State symbols are displayed, they are taken to be displayed exclusively for loyal and patriotic purposes unless the display is described by a proclamation as a proscribed display for the purposes of this section.
(3) This Act does not prohibit or restrict the following:
(a) the use of State arms or a State symbol for exclusively heritage purposes, such as in a museum or a historical exhibition, or
(b) the use of a State emblem for any purpose.

9 Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with summarily before a Local Court.

10 Repeal of Unauthorised Documents Act 1922 No 6
The Unauthorised Documents Act 1922 is repealed.
Schedule 1 State arms
(Sections 3 and 5)
Part 1 Blazon
Azure a cross argent voided gules charged in the centre chief point with a lion passant guardant, and on each member with a mullet of eight points or between in the first and fourth quarters a fleece or banded argent and in the second and third quarters a garb also or:
And for a crest, on a wreath of the colours a rising sun each ray tagged with a flame of fire proper: And for the supporters, on the dexter side a lion rampant guardant: And on the sinister side a kangaroo both or, together with this motto, "Orta Recens Quam Pura Nites," (Recently arisen, how brightly you shine)
Note. At the commencement of this Act, the State arms were the armorial ensigns and supporters assigned for New South Wales by Royal warrant of His Majesty King Edward VII on 11 October 1906.

Part 2 Indicative monochrome depiction
Schedule 2 State symbols
(Sections 3 and 5)
Part 1 Blazon or description of symbol
State badge-Argent, on a cross gules a lion passant guardant or, between four stars of eight points also or.
Note. At the commencement of this Act, the State badge was the former colonial badge adopted by the then Governor by notification in the Gazette of 15 February 1876.

State flag-The British Blue Ensign, being a dark blue flag with the Union Flag (also known as the Union Jack) in canton, bearing in the fly the State badge.
Note. At the commencement of this Act, the State flag was the former colonial flag adopted following the gazettal of the State badge on 15 February 1876.

Part 2 Indicative monochrome depiction of symbol
State Arms, Symbols and Emblems Bill 2003
State symbols Schedule 2
State flag 1
State Arms, Symbols and Emblems Bill 2003
Schedule 3 State emblems
(Sections 3 and 5)

The animal emblem of New South Wales is the platypus (Ornithorhynchus anatinus), an egg-laying mammal ("monotreme") with fur, webbed feet and a duck-like bill, up to 60cm in length. They live in burrows on the banks of streams hunting crayfish and insects underwater.

The bird emblem of New South Wales is the kookaburra (Dacelo novaeguineae), a large kingfisher, mostly white and brown, with a distinctive laughing call. Meat eaters, they hunt snakes, lizards, insects.

The floral emblem of New South Wales is the waratah (Telopea speciosissima), a large (10-12cm across) and spectacular scarlet flower growing in the bush in clumps of tall stems.

The state fish of New South Wales is the blue groper (Achoerodus viridis). A friendly but powerful coastal fish that often follows divers. It can be up to a metre long and weigh between 2 and 15kg, though some specimens may reach 40kg or more.

© Published by the Australian League of Rights, P.O. Box 27 Happy Valley, SA 5159