![]() |
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
[Report an error]
[F.A.Q.]
Papua New Guinea Consolidated Legislation |
Chapter 9.
National Identity Act 1971.
Certified on: / /20 .
INDEPENDENT
STATE OF PAPUA NEW GUINEA.

Chapter 9.
National Identity Act 1971.
ARRANGEMENT OF SECTIONS.
1. Papua New Guinea National Flag.
2. Other flags.
3. Authority to use flags.
4. Rules as to use of flags.
5. Official use of National Flag.
6. Improper use of National Flag, etc.
7. Papua New Guinea National Emblem.
8. Rules as to use of National Emblem.
9. Official use of National Emblem.
10. Improper use of National Emblem.
10A. National Pledge of Papua New Guinea.
10B. Use of the National Pledge.
10C. Authority to use the National Pledge.
10D. Improper or unauthorized use of the National Pledge.
10E. Interpretation.
10F. Order of Papua New Guinea.
10G. Admittance to the Order.
10H. Other awards.
10I. Honours and Awards Committee.
10J. Rules relating to the Order and to other awards.
10K. Wearing of Insignia.
10L. Offences against this Part.
10M. Chief of State Protocol and Ceremonies.
10N. Protocol and ceremonial directives and guidelines.
10O. Interpretation.
10P. Declaration of National Logo.
10Q. Declaration of official flag, official song and official theme.
10R. Rules as to use of National Logo, etc.
10S. Official use of a National Logo, etc.,.
10T. Improper use of a National Logo, etc.,.
10U. Provisions of Trade Marks Act not to apply.
10V. Interpretation.
10W. Papua New Guinea National Anthem.
10X. Official use of National Anthem.
10Y. Improper use of a National Anthem.
11. Regulations.
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.
2. OTHER FLAGS.
3. AUTHORITY TO USE FLAGS.
(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.
(2) The Interpretation Act 1975 does not apply to or in relation to rules made under Subsection (1).
5. OFFICIAL USE OF NATIONAL FLAG.
6. IMPROPER USE OF NATIONAL FLAG, ETC.
(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.
8. RULES AS TO USE OF NATIONAL EMBLEM.
(2) The Interpretation Act 1975 does not apply to or in relation to rules made under Subsection (1).
9. OFFICIAL USE OF NATIONAL EMBLEM.
10. IMPROPER USE OF NATIONAL EMBLEM.
(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.
10B. USE OF 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.
(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.
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.
“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.
(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.
10H. OTHER AWARDS.
(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.
(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.
(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.
(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.
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.
(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.
(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.
“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.
(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.
(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.
(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.,.
10T. IMPROPER USE OF A NATIONAL LOGO, ETC.,.
(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.
PART IIE.[28] – NATIONAL ANTHEM.
10V. INTERPRETATION.
10W. PAPUA NEW GUINEA NATIONAL ANTHEM.
10X. OFFICIAL USE OF NATIONAL ANTHEM.
10Y. IMPROPER USE OF A NATIONAL ANTHEM.
Penalty: A fine not exceeding K1,000.00.
PART III. – MISCELLANEOUS.
11. REGULATIONS.
(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.
|
Stylized,
in silhouette, viewed from underneath with wings elevated and display plumes
trailing, extending from the middle line parallel
to the hoist.
|
|
|
The
Bird of Paradise shall be positioned so that, when a circle is positioned having
a diameter of 34.5/100 of the length of the flag
with its centre distant 67/100
of the length of the flag measured along the fly and 24/100 of the length down
the hoist the parts
of the Bird described in the table are in the positions
shown and are on the perimeter of that circle.
|
|
|
Part
of Bird.
|
Position
measured from upper hoist corner, distances being fractions of length of
flag.
|
|---|---|
|
Extremity
of right wing
|
50/100
along the fly and 27/100 down the hoist.
|
|
Extremity
of left wing
|
71/100
along the fly and 7/100 down the hoist.
|
|
Extremity
of left display plumes
|
84/100
along the fly and 27/100 down the hoist.
|
|
Cross-over
point of elongated tail feathers
|
83/100
along the fly and 33/100 down the hoist.
|
|
Extremities
of elongated tail feathers
|
74/100
along the fly and 40/100 down the hoist, and 76/100 along the fly and 45/100
down the hoist, respectively.
|
Table 2.—STARS OF THE SOUTHERN CROSS.
|
The
Stars of Alpha, Beta, Gamma and Delta Crucis have an outer diameter of 10/100 of
the length of the flag and an inner diameter
of 4/100 of the length of the flag,
and the star Epsilon Crucis has diameters one-half of those above
described.
|
|
|
The
centre of the stars shall be positioned in accordance with the following
table:–
|
|
|
Name of Star.
|
Position of centre
measured from the upper hoist corner, distances being fractions of length of
flag.
|
|
Alpha
Crucis
|
25/100
along the fly and 63/100 down the hoist.
|
|
Beta
Crucis
|
14/100
along the fly and 43/100 down the hoist.
|
|
Gamma
Crucis
|
25/100
along the fly and 28/100 down the hoist.
|
|
Delta
Crucis
|
35/100
along the fly and 42/100 down the hoist.
|
|
Epsilon
Crucis
|
30/100
along the fly and 52/100 down the hoist.
|
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–
|
BIRD OF PARADISE.
|
|
|---|---|
|
Head
|
Yellow
|
|
Bill
|
Grey-blue.
|
|
Neck
|
Black.
|
|
Breast
|
Green
with yellow band.
|
|
Abdomen
|
Light
brown, darkening to vent.
|
|
Wings
and long tail feathers
|
Brown
(reddish).
|
|
Display
plumes
|
Deep
red (slightly brownish).
|
|
SPEAR.
|
|
|
Black,
with white highlights.
|
|
|
KUNDU DRUM.
|
|
|
Drum-head
|
White.
|
|
Body
|
Black,
with white ornamentations.
|
|
Grip
|
Black,
with white highlights.
|
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] 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] Section 3 replaced by No. 61 of 1976, s1.
[3] Section 6 amended by No. 61 of 1976, s2.
[4] Part IIA inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
[5] Section 10A inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
[6] Section 10B inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
[7] Section 10C inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
[8] Section 10D inserted by National Identity (Amendment) Act 1996 (No. 20 of 1996), s2.
[9] Part IIB inserted by No 14 of 2000 s 2.
[10] Section 10E inserted by No 14 of 2000 s 2.
[11] Section 10F inserted by No 14 of 2000 s 2.
[12] Section 10G inserted by No 14 of 2000 s 2.
[13] Section 10H inserted by No 14 of 2000 s 2.
[14] Section 10I inserted by No 14 of 2000 s 2.
[15] Section 10J inserted by No 14 of 2000 s 2.
[16] Section 10K inserted by No 14 of 2000 s 2.
[17] Section 10L inserted by No 14 of 2000 s 2.
[18] Part IIC inserted by No 14 of 2000 s 3.
[19] Section 10M Subsection (1) amended by No. 97 of 2006, Sched. 1.
[20] Part IID inserted by No 14 of 2000 s 4.
[21] Section 10O inserted by No 14 of 2000 s 4.
[22] Section 10P inserted by No 14 of 2000 s 4.
[23] Section 10Q inserted by No 14 of 2000 s 4.
[24] Section 10R inserted by No 14 of 2000 s 4.
[25] Section 10S inserted by No 14 of 2000 s 4.
[26] Section 10T inserted by No 14 of 2000 s 4.
[27] Section 10U inserted by No 14 of 2000 s 4.
[28] Part IIE inserted by No 14 of 2000 s 5.
[29] Section 10V inserted by No 14 of 2000 s 5.
[30] Section 10W inserted by No 14 of 2000 s 5.
[31] Section 10X inserted by No 14 of 2000 s 5.
[32] Section 10Y inserted by No 14 of 2000 s 5.
[33] Schedule 5 added by National Identity (Amendment) Act 1996 (No. 20 of 1996), s3.
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback|
Report an error
URL: http://www.paclii.org/pg/legis/consol_act/nia1971197