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Flags Amendment (Protection of Australian National Flags)

Current status

This bill is currently before Parliament.

Policy area

Government & democracy

What does this bill do?

The bill would amend the Flags Act 1953The Commonwealth law that sets the status, design and use rules for Australian flags. This bill would insert the new offence into that Act. to create an offence for desecrating, dishonouring, burning, mutilating or otherwise destroying the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. or the Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence..

Why was it introduced?

Pat Conaghan introduced the bill to make public desecration or destruction of the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. or Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence. a federal offence. The explanatory memorandum frames the proposal as a way to protect legally recognised national symbols, deter conduct said to threaten social cohesion or public order, and still preserve lawful disposal, journalism, artistic, educational, scientific and public-interest conduct.

Broader context

The bill sits at the intersection of national symbols, public-order offences and protest rights. It would work inside the existing Flags ActThe Commonwealth law that sets the status, design and use rules for Australian flags. This bill would insert the new offence into that Act. framework rather than the Criminal Code, and it is limited to the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. and Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence.. The explanatory memorandum accepts that the offence would limit freedom of expression and may affect peaceful assembly, but argues those limits are justified by public order, social cohesion and protection of national symbols. The collected source bundle does not show the bill passing the House, moving to the Senate or becoming an Act.

Key criticism

The supplied bill-specific sources do not include a speech opposing the bill. The main caution recorded in the official materials is the bill's own human-rights analysis: it says the offence would limit freedom of expression and may affect peaceful assembly, and then argues those limits are justified. Because only the sponsor's second reading speech was collected, this section is source-limited rather than a full account of public criticism.

Who supported it?

Pat Conaghan MP introduced this bill. Supportive speeches so far have come from Nationals.

Introduced in House 09 Feb 2026
At second reading in House 09 Feb 2026
Not yet reached Senate —
Not yet law —

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

121 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. The bill would amend the Flags Act 1953The Commonwealth law that sets the status, design and use rules for Australian flags. This bill would insert the new offence into that Act. to create an offence for desecrating, dishonouring, burning, mutilating or otherwise destroying the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. or the Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence..

  2. The offence would require public conduct, public display or public communication of images, and recklessness about whether the act would incite hatred or violence or threaten public disorder or disturbance.

  3. The proposed penalty is 50 penalty units or up to 12 months imprisonment for a first offence, and a minimum 12 months imprisonment for a second or later offence.

  4. The bill includes exceptions for ordinary use or disposal, lawful flag protocols, flag-change proposals, genuine scientific, educational or artistic purposes, professional journalism and public-interest conduct.

  5. The bill would also require notice of a conviction to be given to the department administering the Migration Act 1958The Commonwealth migration law. The bill would require notice of a conviction to be given to the department administered by the minister responsible for that Act.; the explanatory memorandum says this is intended to support character assessment for visa holders.

Show source excerpts
  1. This Bill proposes to amend the Flags Act 1953 with the introduction of a criminal offence prohibiting the burning, destruction, desecration or other serious dishonouring of the Australian National Flag or the Australian Red Ensign.
    Flags Amendment (Protection of Australian National Flags) explanatory memorandum
  2. the person does so reckless as to whether the act will: (i) incite hatred or violence; or (ii) threaten public disorder or a public disturbance.
    Flags Amendment (Protection of Australian National Flags) introduced bill text
  3. Penalty: (a) 50 penalty units, or up to 12 months’ imprisonment, for a first offence; or (b) a minimum of 12 months’ imprisonment for a second or subsequent offence.
    Flags Amendment (Protection of Australian National Flags) introduced bill text
  4. Subsection (1) does not apply to an action if ... the action is for a genuine scientific, educational or artistic purpose ... the display is part of a communication made for the purposes of, or in the course of, a person's work as a journalist in a professional capacity ... the action is for a purpose that is in the public interest.
    Flags Amendment (Protection of Australian National Flags) introduced bill text
  5. This measure will ensure that the formal and timely advice of such a conviction is appropriately communicated and considered in accordance with the character requirements of visa holders.
    Flags Amendment (Protection of Australian National Flags) explanatory memorandum

Context

Broader context for this bill

The bill sits at the intersection of national symbols, public-order offences and protest rights. It would work inside the existing Flags ActThe Commonwealth law that sets the status, design and use rules for Australian flags. This bill would insert the new offence into that Act. framework rather than the Criminal Code, and it is limited to the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. and Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence.. The explanatory memorandum accepts that the offence would limit freedom of expression and may affect peaceful assembly, but argues those limits are justified by public order, social cohesion and protection of national symbols. The collected source bundle does not show the bill passing the House, moving to the Senate or becoming an Act.

  1. 1901

    Australian flag design selected after Federation

    The statement of compatibility says the Australian Blue Ensign, now the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction., was selected after a public competition, and the Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence. was adopted alongside it for merchant vessels.

    Statement of compatibility with human rights ↗
  2. First and Second World Wars

    Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence. linked to merchant shipping

    The statement of compatibility says the Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence. was flown by Australian merchant shipping and remains an official symbol of maritime heritage and merchant seafarers' service.

    Statement of compatibility with human rights ↗
  3. 1953

    Flags ActThe Commonwealth law that sets the status, design and use rules for Australian flags. This bill would insert the new offence into that Act. framework established

    The explanatory memorandum says the Flags ActThe Commonwealth law that sets the status, design and use rules for Australian flags. This bill would insert the new offence into that Act. establishes the status, design and rules of use of the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction., but does not provide measures protecting it from deliberate degradation.

    Explanatory memorandum ↗
  4. 09 Feb 2026

    Private member billA bill introduced by a member who is not introducing it as a government minister. This bill was sponsored by Pat Conaghan MP. introduced in the House

    The APH progress record shows the bill was introduced and read a first time in the House of Representatives.

    APH bill page ↗
  5. 09 Feb 2026

    Sponsor opens second reading debate

    Pat Conaghan moved the second reading and argued that public flag desecration should be treated as criminal conduct because of its effect on national symbols, service, sacrifice and social cohesion.

    Second reading speech, Pat Conaghan ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 09 Feb 2026

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 09 Feb 2026

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Key criticism

The main case against this bill

The supplied bill-specific sources do not include a speech opposing the bill. The main caution recorded in the official materials is the bill's own human-rights analysis: it says the offence would limit freedom of expression and may affect peaceful assembly, and then argues those limits are justified. Because only the sponsor's second reading speech was collected, this section is source-limited rather than a full account of public criticism.

The local source bundle is thin: it contains the introduced bill text, explanatory memorandum and sponsor's House speech, but not later debate, committee material, passed text or external articles with extracted text.

Limits on expression and assembly

The statement of compatibility says the bill limits forms of expression involving the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. and Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence., and may incidentally engage peaceful assembly where flag desecration occurs during a public demonstration.

Raised by Statement Of Compatibility With Human Rights Source ↗

Evidential burden for exceptions

The bill note says a defendant bears an evidential burdenA requirement for a defendant to point to evidence that raises an exception or defence before the prosecution must deal with it. for the listed exceptions, including ordinary use or disposal, journalistic work, genuine scientific, educational or artistic purposes and public-interest conduct.

Raised by Introduced Bill Text Source ↗

Further sources

aph.gov.au ↗ parlinfo.aph.gov.au ↗

Votes

Recorded votes

No recorded votes have been found yet for this bill.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Pat Conaghan

National Party • MP 09 Feb 2026

Pat Conaghan supports his private member billA bill introduced by a member who is not introducing it as a government minister. This bill was sponsored by Pat Conaghan MP., arguing that the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. and Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence. are national symbols tied to service, sacrifice and social cohesion, and that public burning or desecration should carry criminal consequences.

Read in Hansard ↗

All speeches by bloc

Coalition

1 speaker · 1 support

  1. Pat Conaghan ★ Pat Conaghan supports his private member billA bill introduced by a member who is not introducing it as a government minister. This bill was sponsored by Pat Conaghan MP., arguing that the Australian National FlagThe national flag identified under the Flags Act. The proposed offence would protect it from specified public desecration, dishonouring or destruction. and Australian Red EnsignA flag recognised under the Flags Act and associated in the explanatory materials with merchant shipping and maritime heritage. The bill would give it the same protection as the Australian National Flag for this offence. are national symbols tied to service, sacrifice and social cohesion, and that public burning or desecration should carry criminal consequences.
    “That is why we must seriously consider making the burning or desecration of the Australian flag and the Australian ensign a criminal offence.”

    National Party • MP • 09 Feb 2026

    Read the full speech in Hansard ↗

Record

Full record

Full chat