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National Identity Act 1971

Chapter 9.

National Identity Act 1971.
Certified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 9.

National Identity Act 1971.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

National Identity Act 1971,

^[1]Being an Act to foster and encourage the growth of a feeling of national identity and unity in Papua New Guinea by providing for–

(a) a national flag; and

(b) a national emblem; and

(c) a national pledge; and

(d) a national anthem; and

(e) a system of national honours and awards; and

(f) various matters relating to State Protocol and State Ceremonies; and

(g) national logos, and official flags, songs and themes for special anniversaries and events; and

(h) a national dress; and

(i) other matters relevant to national identity and unity.

PART I. – NATIONAL FLAG.

1. PAPUA NEW GUINEA NATIONAL FLAG.

The flag described in Schedule 1, being the flag a reproduction of which is set out in Schedule 2, is the National Flag of Papua New Guinea.

2. OTHER FLAGS.

The Head of State, acting on advice, may, by proclamation, appoint such other flags and ensigns of Papua New Guinea as he thinks fit.

3. AUTHORITY TO USE FLAGS.

^[2]The Secretary may, by instrument, authorize a person to use–

(a) the National Flag; or

(b) a flag or ensign appointed under Section 2; or

(c) a replica or representation of the National Flag, or of a flag or ensign appointed under Section 2,

in the manner and form specified in the instrument, and either–

(d) without defacement; or

(e) defaced in the manner specified in the instrument.

4. RULES AS TO USE OF FLAGS.

(1) The Head of State, acting on advice, may make and cause to be published, rules in connection with the flying or use of the National Flag or a flag or ensign appointed under Section 2.

(2) The Interpretation Act 1975 does not apply to or in relation to rules made under Subsection (1).

5. OFFICIAL USE OF NATIONAL FLAG.

The National Flag shall be flown or used for all official purposes of the Government and on all occasions on which, and for all purposes for which, it is customary to fly or use a national flag or ensign.

6. IMPROPER USE OF NATIONAL FLAG, ETC.

^[3](1) A person who, not being authorized under Section 3 to use the National Flag, or a flag or ensign appointed under Section 2, or a replica or representation of any of them, uses–

(a) the National Flag or a replica or representation of it; or

(b) a flag or ensign appointed under Section 2 or a replica or representation of it, capable of being readily mistaken for the National Flag, or a flag or ensign appointed under Section 2, in such a manner or in such circumstances as to be likely to lead other persons to believe he is so authorized,

is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(1A) A person who, without lawful excuse, defaces or destroys–

(a) the National Flag; or

(b) a flag or ensign appointed under Section 2; or

(c) a replica or representation authorized by Section 3 of the National Flag, or of a flag or ensign appointed under Section 2,

is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(2) Proceedings for an offence against this section shall not be instituted except by or with the consent of the Attorney-General.

PART II. – NATIONAL EMBLEM.

7. PAPUA NEW GUINEA NATIONAL EMBLEM.

The emblem described in Schedule 3, being the emblem a reproduction of which is set out in Schedule 4, is declared to be the National Emblem of Papua New Guinea.

8. RULES AS TO USE OF NATIONAL EMBLEM.

(1) The Head of State, acting on advice, may make and cause to be published rules in connection with the use of the National Emblem and of stylized or other versions of it for special uses.

(2) The Interpretation Act 1975 does not apply to or in relation to rules made under Subsection (1).

9. OFFICIAL USE OF NATIONAL EMBLEM.

The National Emblem shall be used for all official purposes of the Government and on all occasions on which, and for all purposes for which, it is customary to use a national emblem or national arms.

10. IMPROPER USE OF NATIONAL EMBLEM.

(1) A person who, not being authorized by the Head of State, acting on advice, or otherwise by law, directly or indirectly–

(a) prints or publishes, or causes to be printed or published; or

(b) sends or delivers to or serves on, or causes to be sent or delivered to or served on, any person,

any written or printed matter in or on which there appears the National Emblem, or any token or symbol so nearly resembling the National Emblem as to be capable of being readily mistaken for it, in such a manner or in such circumstances as to be likely to lead other persons to believe that he is so authorized, is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(2) A person who, not being authorized by the Head of State, acting on advice, or otherwise by law, directly or indirectly uses the National Emblem, or any token or symbol so nearly resembling the National Emblem as to be capable of being readily mistaken for it, in connection with any business, trade, calling or profession in such a manner or in such circumstances as to be likely to lead other persons to believe that he is so authorized, is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(3) Proceedings for an offence against this section shall not be instituted except by or with the consent of the Attorney-General.

PART IIA.^[4] – NATIONAL PLEDGE.

10A. NATIONAL PLEDGE OF PAPUA NEW GUINEA.

^[5]The pledge specified in Schedule 5 is declared to be the National Pledge of Papua New Guinea.

10B. USE OF THE NATIONAL PLEDGE.

^[6](1) The National Pledge–

(a) shall be recited in the following places on the following occasions:–

(i) in each primary school and high school before the commencement of classes in each day; and

(ii) in the National Parliament on each sitting day immediately after prayers; and

(iii) in each Provincial Assembly and Local-level Government Assembly on each sitting day immediately after prayers; and

(iv) at all official celebrations on the day fixed under the Public Holidays Act 1953 to commemorate the attainment by Papua New Guinea of Independent Sovereign Nationhood; and

(b) may be recited on such other occasions as are appropriate; and

(c) may be printed and published–

(i) in an official Government publication; or

(ii) otherwise, in accordance with an authority granted under Section 10C,

in whichever language version or versions are considered appropriate in the circumstances.

(2) For the purposes of Subsection (1)–

“primary school” and “high school” have the meanings given to them under the Education Act 1983;

“Provincial Assembly” includes an Interim Provincial Assembly.

10C. AUTHORITY TO USE THE NATIONAL PLEDGE.

^[7](1) The Departmental Head or a person authorized by him may, by instrument, authorize a person to print or publish the National Pledge in the manner and form specified in the instrument.

(2) An application for authority under Subsection (1) shall be made to the Departmental Head or to a person authorized by him to receive applications.

10D. IMPROPER OR UNAUTHORIZED USE OF THE NATIONAL PLEDGE.

^[8](1) A person who, not being authorized under Section 10C, prints or publishes or causes to be printed or published any written or printed matter, not being an official Government publication, in or on which appears the National Pledge or any words so nearly resembling the National Pledge as to be capable of being mistaken for it, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

(2) A person who–

(a) recites the National Pledge or a parody of the National Pledge; or

(b) prints or otherwise reproduces the National Pledge or a parody of the National Pledge,

in a manner that is insulting, derisory or disrespectful to the Independent State of Papua New Guinea or its Peoples, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

(3) For the purposes of Subsection (2), “parody of the National Pledge” means words–

(a) similar to those used in the National Pledge; and

(b) composed in a manner similar to the composition of the National Pledge.

PART IIB.^[9] – NATIONAL HONOURS AND AWARDS.

10E. INTERPRETATION.

^[10]In this Part–

“Committee” means the Honours and Awards Committee established by Section 10I;

“Order” means the Order of Papua New Guinea established by Section 10F;

“other award” means an order, medal or award established under Section 10H.

10F. ORDER OF PAPUA NEW GUINEA.

^[11](1) There is established an order of merit to be known as the Order of Papua New Guinea (O.P.N.G.).

(2) The Order of Papua New Guinea may be divided into different classes as specified by the Head of State, acting on advice.

(3) Membership of the Order of Papua New Guinea shall not exceed 30 living persons.

10G. ADMITTANCE TO THE ORDER.

^[12]The Head of State, acting on advice, given after consideration of recommendations from the Committee shall admit persons to the Order.

10H. OTHER AWARDS.

^[13]The Head of State, acting on advice, given after consideration of a recommendation from the Honours and Awards Committee, may–

(a) establish other Orders, medal or awards; and

(b) specify the circumstances in which or reasons for which a person is eligible for admittance to such Order or to the award of such medal.

10I. HONOURS AND AWARDS COMMITTEE.

^[14](1) There is established an Honours and Awards Committee which shall consist of–

(a) the Chief Secretary to Government, who shall be Chairman; and

(b) the Chief of State Protocol and Ceremonies; and

(c) one person nominated by the Papua New Guinea Council of Churches; and

(d) one person nominated by the National Council of Women; and

(e) one person nominated by the Papua New Guinea Trade Union Congress; and

(f) a prominent citizen nominated by the National Executive Council; and

(g) one person nominated by the Papua New Guinea Chamber of Commerce and Industry; and

(h) one person to represent the disciplined forces appointed by the National Executive Council.

(2) The functions of the Committee are–

(a) to consider the suitability for admittance to the Order of persons proposed for admittance by members of the Committee or of the public; and

(b) to recommend to the National Executive Council persons suitable for admission to the Order; and

(c) to recommend to the National Executive Council the establishment of any other Orders, medals or awards; and

(d) to consider the suitability for bestowing on persons any other award established by Section 10H; and

(e) to recommend to the National Executive Council persons suitable for any other award established by Section 10H; and

(f) to advise the Prime Minister on such matters relating to honours and awards in respect of which the Prime Minister requests advice.

(3) At a meeting of the Committee–

(a) a majority of members shall constitute a quorum; and

(b) the Committee shall otherwise determine its own procedures.

10J. RULES RELATING TO THE ORDER AND TO OTHER AWARDS.

^[15]The Head of State, acting on advice, may make and cause to be published rules in connection with–

(a) the insignia of the Order; and

(b) the manner in which and the occasions on which the insignia of the Order may be worn; and

(c) the insignia of any other awards; and

(d) the manner in which and the occasions on which the insignia of any other award may be worn; and

(e) the order in which the insignia of the Order and other medals and awards should be worn; and

(f) the manner of investiture of the Order or of any other award; and

(g) the priority of the Order and of any other award.

10K. WEARING OF INSIGNIA.

^[16](1) A person admitted to the Order is entitled to wear the insignia of the Order in accordance with the Rules.

(2) A person awarded any other award under this Part is entitled to wear the insignia of the award in accordance with the Rules.

10L. OFFENCES AGAINST THIS PART.

^[17](1) A person, who wears the insignia of the Order or of any other award or a replica or representation of such insignia, without being entitled to do so, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

(2) A person, who, by deed or word, holds himself out as having been admitted to the Order or to any other order or awarded any other medal or award when he has not been so admitted or such other medal or award has not been made to him, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

(3) A person, who, by deed or action, insults or denigrates the Order or any other order, medal or award, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

PART IIC.^[18] – STATE PROTOCOL.

10M. CHIEF OF STATE PROTOCOL AND CEREMONIES.

(1) There shall be a Chief of State Protocol and Ceremonies who shall–

(a)^[19] be appointed, suspended or dismissed in the manner as is specified in the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004; and

(b) be appointed for such term, not exceeding four years, as the National Executive Council determines; and

(c) be appointed on such terms and conditions or the National Executive Council, subject to the Salaries and Conditions Monitoring Committee Act 1988, determines; and

(d) be eligible for re-appointment.

(2) The Chief of State Protocol and Ceremonies shall, during his tenure of office as such, be an officer of the Public Service.

(3) The functions of the Chief of State Protocol and Ceremonies are–

(a) to be responsible for protocol in all State ceremonies and other State matters; and

(b) to ensure that the proper protocol is adhered to in all aspects of State ceremonies and other State matters; and

(c) to advise the National Executive Council, Chief Secretary to Government, Departments, agencies of Government, State Services including disciplined services, Provincial Governments, Local-level Governments and community, business and sporting organizations in matters relating to protocol, cultural and sporting events.

10N. PROTOCOL AND CEREMONIAL DIRECTIVES AND GUIDELINES.

(1) The Chief Secretary to Government may, after consultation with the Chief of State Protocol and Ceremonies, issue directives and guidelines–

(a) specifying the protocol to be followed in relation to State ceremonies; and

(b) establishing Orders of Precedence and forms of address; and

(c) specifying dress standards (including a form or forms of national dress) in relation to State ceremonies; and

(d) specifying other matters relating to protocol.

(2) The Chief Secretary to Government shall cause directives and guidelines issued under Subsection (1) to be published in such manner as he considers effective.

(3) All officers, Departments and agencies of Government shall comply with directives issued under Subsection (1).

PART IID.^[20] – NATIONAL LOGOS, OFFICIAL FLAGS AND SONGS, ETC.

10O. INTERPRETATION.

^[21]In this Part–

“logo” means a design or symbol;

“National Logo” means a logo declared under Section 10P to be a National Logo;

“official flag” means a flag declared under Section 10Q to be an official flag;

“official song” means a song declared under Section 10Q to be an official song;

“official theme” means a motto or theme declared under Section 10Q to be an official theme;

“relevant event or anniversary”, in relation to a National Logo, official flag, official song or official theme, means the event or anniversary in relation to which the National Logo, official emblem, official song or official theme was declared.

10P. DECLARATION OF NATIONAL LOGO.

^[22](1) The Head of State, acting on advice, given after considering a report from the Registrar of Trade Marks, may from time to time, by notice in the National Gazette, declare a logo to be a National Logo in relation to an event or anniversary which, in the opinion of the Head of State, acting on advice, is of national significance.

(2) A declaration under Subsection (1)–

(a) shall contain a description of the logo; and

(b) may contain a reproduction of the logo; and

(c) shall specify the event or anniversary in relation to which the logo is declared to be a National Logo.

10Q. DECLARATION OF OFFICIAL FLAG, OFFICIAL SONG AND OFFICIAL THEME.

^[23](1) The Head of State, acting on advice, may from time to time, by notice in the National Gazette, make any one or more of the following declarations:–

(a) that a flag is an official flag;

(b) that a song is an official song;

(c) that a theme is an official theme,

for use in relation to an event or anniversary, which in the opinion of the Head of State, acting on advice, is of national significance.

(2) A declaration under Subsection (1) shall specify the event or anniversary in relation to which the declaration is made and–

(a) in the case of a declaration under Subsection (1)(a):

(i) shall contain a description of the official flag; and

(ii) may contain a reproduction of the official flag; and

(b) in the case of a declaration under Subsection (1)(b) shall contain the words and music of the official song; and

(c) in the case of a declaration under Subsection (1)(c) shall contain the words of the official theme.

10R. RULES AS TO USE OF NATIONAL LOGO, ETC.

^[24](1) The Head of State, acting on advice, may make and cause to be published rules in connection with the use of–

(a) a National Logo and of stylized or other versions of it for special purposes; and

(b) an official flag; and

(c) an official song; and

(d) an official theme.

(2) The Interpretation Act 1975 does not apply to or in relation to rules made under Subsection (1).

10S. OFFICIAL USE OF A NATIONAL LOGO, ETC.,.

^[25]A National Logo or an official flag, official song or official theme may be used for all official purposes of the Government in relation to the relevant event or anniversary and on all occasions on which, and for all purposes for which, it is desired to use a National Logo, official flag, official song or official theme in relation to the relevant event or anniversary.

10T. IMPROPER USE OF A NATIONAL LOGO, ETC.,.

^[26](1) A person who, not being authorized by the Head of State, acting on advice, or otherwise by law, directly or indirectly–

(a) prints or publishes, or causes to be printed or published; or

(b) sends or delivers to or serves on, or causes to be sent or delivered to or served on, any person,

any written or printed matter in or on which there appears a National Logo, or any token or symbol so nearly resembling a National Logo, in such circumstances as to be likely to lead other persons to believe that he is so authorized, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

(2) A person who, not being authorized by the Head of State, acting on advice, or otherwise by law, directly or indirectly, uses a National Logo, or any token or symbol or symbol so nearly resembling a National Logo as to be capable of being readily mistaken for it, in connection with any business, trade, calling or profession in such a manner or in such circumstances as to be likely to lead other persons to believe that he is so authorized, is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

(3) A person who, without lawful excuse:

(a) defaces or destroys a National Logo or an official flag or a replica or representation of a National Logo or official flag; or

(b) prints, reproduces, plays, sings or recites an official song or a parody of an official song, in a manner that is insulting, derisory or derogatory to the Independent State of Papua or its Peoples or to the relevant event or anniversary,

is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

10U. PROVISIONS OF TRADE MARKS ACT NOT TO APPLY.

^[27]The provisions of the Trade Marks Act 1978 and of any other law relating to marks, tokens or symbols do not apply to a National Logo.

PART IIE.^[28] – NATIONAL ANTHEM.

10V. INTERPRETATION.

^[29]In this Part, “National Anthem” means the words and music declared under Section 10W to be the Papua New Guinea National Anthem.

10W. PAPUA NEW GUINEA NATIONAL ANTHEM.

^[30]The Head of State, acting on advice, may declare words and music specified in the declaration to be the National Anthem of Papua New Guinea.

10X. OFFICIAL USE OF NATIONAL ANTHEM.

^[31]The National Anthem may be played on all official and other occasions on which it is appropriate to play the National Anthem.

10Y. IMPROPER USE OF A NATIONAL ANTHEM.

^[32]A person who prints, reproduces, plays, sings or recites the National Anthem or a parody of the National Anthem in a manner that is insulting, derisory or derogatory to the Independent State of Papua New Guinea or its Peoples is guilty of an offence.

Penalty: A fine not exceeding K1,000.00.

PART III. – MISCELLANEOUS.

11. REGULATIONS.

The Head of State, acting on advice, may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for providing for–

(a) the procedure to be followed in the making of an application for the issue of a Warrant under Section 3; and

(b) rules in connection with the flying or use of the National Flag or a flag or ensign appointed under Section 2; and

(c) rules in connection with the use of the National Emblem and of stylized or other versions of it for special uses; and

(d) penalties of fines not exceeding K100.00 or imprisonment for terms not exceeding one month, or both, for offences against the regulations.

SCHEDULE 1 – DESCRIPTION OF THE NATIONAL FLAG.

Sec. 1.

The Papua New Guinea National Flag is a rectangular flag, proportions four to three, divided diagonally from the top of the hoist to the bottom of the fly, the upper segment scarlet (Collies No. 305) overprinted on mid-yellow (Collies No. 537) charged with a mid-yellow (Collies No. 537) representation of a soaring Bird of Paradise, and the lower segment black (Collies No. 309) charged with five white five-pointed stars representing the Southern Cross. The descriptions and positions of the Bird of Paradise and the stars are as follows:–

Table 1—BIRD OF PARADISE.

Table 2.—STARS OF THE SOUTHERN CROSS.

SCHEDULE 2 – REPRODUCTION OF THE NATIONAL FLAG.

Sec. 2.

SCHEDULE 3 – DESCRIPTION OF THE NATIONAL EMBLEM.

Sec. 7.

The Papua New Guinea National Emblem is a partially-stylized representation of the widespread Bird of Paradise Genus paradisaea in display, head turned to its left, seated on the upturned grip of a horizontal Kundu drum with the drum-head to the right side of the bird, from behind which a horizontal ceremonial spear projects with the head to the left of the bird.

If coloured proper, the following colours should be used–

SCHEDULE 4 – . . . . . . . .

SCHEDULE 5 – ^[33]NATIONAL PLEDGE OF PAPUA NEW GUINEA.

Section 10A.

National Pledge of Papua New Guinea

“We, the People of Papua New Guinea,

pledge ourselves, united in One Nation.

We pay homage to our cultural heritage,

the source of our strength.

We pledge to build a democratic society

based on justice, equality, respect and

prosperity for Our People.

We pledge to stand together as

– One People

– One Nation

– One Country

GOD BLESS PAPUA NEW GUINEA.”

OREA GWAUHEHATONA

“Ai, Papua New Guinea Taunimanimamai

A gwauhehatomu, iboumai na orea tamona.

Emai sene mauridia bona karadia

alalotaomu–noho mauri namo daladia

emia hematama badidia.

A gwauhehatomu dala namodia baia

havara–maino, heabidadama, hemataurai

bona hebadina daladia ai.

A gwauhehatomu baia gaukara

bona gini hebou badina aina

– Bese Tamona

– Orea Badana Tamona

– Tanobada Tamona

Papua New Guinea Dirava ese aine hanamoa.”

TOK PROMIS BILONG NEISEN

“Mipela ol Pipol bilong Papua Niugini, i promis long

bung wantaim olsem wan neisen.

Mipela amamas long soim ol pasin bilong ol tumbuna

bilong mipela, as bilong strong bilong mipela.

Mipela promis long wokim sosaiti bai i holim strong

pasin bilong ilektim ol lida bilong gavman wantaimas

tingting bilong stretpela pasin, wanmak, ona na kamap

gut bilong ol pipol bilong mipela.

Mipela i promis long sanap bung wantaim olsem

– wan pipol

– wan neisen

– wan kantri

GOD BLESIM PAPUA NIUGINI.”

Office of Legislative Counsel, PNG

1. ^[1]Long title amended by National Identity (Amendment) Act 1996 (No. 20 of 1996), s1. Long title repealed and replaced by No 14 of 2000 s 1.
2. ^[2]Section 3 replaced by No. 61 of 1976, s1.
3. ^[3]Section 6 amended by No. 61 of 1976, s2.
4. ^[4]Part IIA inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
5. ^[5]Section 10A inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
6. ^[6]Section 10B inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
7. ^[7]Section 10C inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
8. ^[8]Section 10D inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
9. ^[9]Part IIB inserted by No 14 of 2000 s 2.
10. ^[10]Section 10E inserted by No 14 of 2000 s 2.
11. ^[11]Section 10F inserted by No 14 of 2000 s 2.
12. ^[12]Section 10G inserted by No 14 of 2000 s 2.
13. ^[13]Section 10H inserted by No 14 of 2000 s 2.
14. ^[14]Section 10I inserted by No 14 of 2000 s 2.
15. ^[15]Section 10J inserted by No 14 of 2000 s 2.
16. ^[16]Section 10K inserted by No 14 of 2000 s 2.
17. ^[17]Section 10L inserted by No 14 of 2000 s 2.
18. ^[18]Part IIC inserted by No 14 of 2000 s 3.
19. ^[19]Section 10M Subsection (1) amended by No. 97 of 2006, Sched. 1.
20. ^[20]Part IID inserted by No 14 of 2000 s 4.
21. ^[21]Section 10O inserted by No 14 of 2000 s 4.
22. ^[22]Section 10P inserted by No 14 of 2000 s 4.
23. ^[23]Section 10Q inserted by No 14 of 2000 s 4.
24. ^[24]Section 10R inserted by No 14 of 2000 s 4.
25. ^[25]Section 10S inserted by No 14 of 2000 s 4.
26. ^[26]Section 10T inserted by No 14 of 2000 s 4.
27. ^[27]Section 10U inserted by No 14 of 2000 s 4.
28. ^[28]Part IIE inserted by No 14 of 2000 s 5.
29. ^[29]Section 10V inserted by No 14 of 2000 s 5.
30. ^[30]Section 10W inserted by No 14 of 2000 s 5.
31. ^[31]Section 10X inserted by No 14 of 2000 s 5.
32. ^[32]Section 10Y inserted by No 14 of 2000 s 5.
33. ^[33]Schedule 5 added by National Identity (Amendment) Act 1996 (No. 20 of 1996), s3.