National symbols look like a ceremonial topic. In law they are not: misuse of the National Emblem or Seal touches on offences, on the validity of official instruments, and on the protection of the country’s name in trade.
What section 3 provides
Section 3(1) of the Constitution says Acts of Parliament may make provision for and in respect of:
- a National Flag;
- a National Emblem;
- a National Motto;
- a National Seal; and
- a National Anthem.
Section 3(2) then does something important: until such other provision is made, the National Flag, National Emblem and National Seal are those that were in use immediately before Independence Day. The symbols therefore have constitutional standing in their own right, not merely statutory standing.
Section 3 is permissive as to legislation (“may make provision”) but self-executing as to continuity (“are those that were in use”). There was never a constitutional gap in which the country had no flag or seal.
The National Seal
The National Seal Act (Chapter 11) deals with the Seal — its custody, and the instruments to which it is applied. This is not decoration. Certain constitutional and executive instruments are authenticated under seal, and the question whether an instrument was properly sealed can determine whether an appointment, a commission or a proclamation is valid.
Where a document is challenged, the Constitutional Documents (Manner of Proof) Act (Chapter 5) governs how constitutional documents are proved in court.
Protecting the name of the country
Section 1(2) requires that the name of the Independent State of Papua New Guinea and its variants shall be protected by an Act of the Parliament. That is not optional wording — it is a constitutional direction, given effect by the National Name (Protection) Act (Chapter 10).
The practical consequence appears in business and branding: use of the national name, or of a variant, in a company name, business name or mark is regulated rather than free. Anyone naming a company or association should check the position before printing letterhead.
Flag, Emblem, Motto and Anthem
The National Flag and the National Emblem — the bird of paradise and the kundu drum and spear — carry over from before Independence under section 3(2). The National Motto and the National Anthem are matters section 3(1) leaves to Parliament.
Because section 3(2) preserves only the Flag, Emblem and Seal, questions about the Motto and Anthem are answered by ordinary legislation and practice rather than by the Constitution itself.
What happens if symbols are misused?
There is no single constitutional offence of disrespecting a national symbol. Consequences come from ordinary law:
- Statutory protection of the name, under the National Name (Protection) Act.
- Trade and business regulation — registration of names and marks that suggest official status or endorsement.
- Fraud and forgery offences under the Criminal Code (Chapter 262) where a seal or emblem is used to pass something off as an official instrument.
Criticising the State, or its symbols, is protected expression under section 46. The law here is about impersonation and misuse — using an emblem or seal to make something look official when it is not — rather than about disrespect.
Symbols, oaths and office
The symbolic provisions connect to the machinery of office. Sections 6 and 7 prescribe the Declaration of Loyalty and the Oath of Allegiance, which office-holders must make where a law requires it. Schedule 3 of the Constitution sets out the forms of oaths, affirmations and declarations used across the constitutional offices.
Sources
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.