The purpose of this circular is to draw to the attention of agencies particular obligations under the State Arms, Symbols and Emblems Act 2004.

The Act regulates the use and display of the State arms, symbols (including the NSW flag and crest) and emblems (including the waratah, the kookaburra, the platypus and the blue groper) and ensures their uniform use on government buildings, documents and official seals. It commenced on 2 March 2004.

The State arms, symbols and emblems are depicted or referred to in the Schedules to the Act. In summary terms, the Act :

• requires that as soon as practicable after commencement of the Act, the State arms or a State symbol are to be used wherever arms or symbols are used to signify the authority of the State on public buildings or in publications;
• requires existing Royal arms to be removed and replaced with the State arms on all seals and documents as soon as practicable but no later than within three years of commencement of the Act (by 1 March 2007); and
• requires existing Royal arms to be removed from all public buildings and replaced with the State arms "as soon as practicable" unless the Premier's approval has been given, following consultation with the Heritage Council, for the existing Royal arms to be retained on the basis that they form an integral part of the heritage of a building.

In addition, the Act prohibits the use of the State arms or a State symbol in connection with any trade, business, calling or profession, or for the collection of debts, without the authority of the Governor or Attorney General.

All chief executives should ensure that the requirements of the Act are brought to the attention of their agencies. Agencies should review their operations to determine if any changes should be made. Where changes do not have to be finalised until 1 March 2007, any changes should be introduced gradually to ensure that any additional costs are avoided or minimised.

In non-heritage buildings, the Royal arms should be replaced with the State arms when refurbishments or structural changes are made to those buildings. Any cost associated with such changes will have to be met from the existing resources for the proposed building work.

In buildings of heritage significance, where agencies consider that the Royal arms should be retained, the Minister responsible for the agency should write to the Premier setting out the reasons in support of retention so that the Premier may consult with the Heritage Council. Agencies should note that the Act requires the State arms to be displayed in a prominent position in conjunction with the Royal arms in any building where they are retained.

The Act also requires that where Royal arms which are in a sculptured or durable form are to be removed or replaced (for example, where they are removed from a building or where a seal or other non-fixture is to be replaced), these should be housed or otherwise dealt with as directed by the Premier after consultation with the Heritage Council. If any Royal arms are proposed to be removed, the Minister responsible for the agency should write to the Premier seeking direction on how those arms should be housed or conserved as part of the heritage of New South Wales.

Col Gellatly
Director-General