This bill did not become law and is no longer proceeding.
Government & democracy
The bill would make it a crime to deliberately desecrateTreat something regarded as sacred with serious disrespect., seriously dishonour, burn, mutilate or destroy the Australian National Flag or Australian Red EnsignAustralia's official red flag associated with merchant shipping..
Pat Conaghan (The Nationals), who introduced the private member's billA bill introduced by a parliamentarian who is not acting as a minister., said the flags represent Australia's shared history, service and sacrifice, and that public desecration causes division and harms social unity. The explanatory memorandum said existing law recognises the flags but has no specific offence for deliberately degrading them; flag burning has instead generally been handled through broader public-order laws. The proposed penalties are up to 50 penalty units or 12 months in prison for a first offence, and at least 12 months in prison for a later offence. The memorandum says the bill would have no financial impact.
The Flags Act 1953 recognised the Australian National Flag and Australian Red EnsignAustralia's official red flag associated with merchant shipping., but deliberate damage was generally dealt with through broad public-order offences; flag burning at a 2003 Perth anti-war rally and a 2015 Indigenous protest prompted renewed calls, while earlier private bills in 2006 and 2016 did not reach debate. Pat Conaghan MP’s private member’s bill, introduced on 9 February 2026, responds by proposing a specific offence for public desecration linked to risks of hatred, violence or disorder, but it was removed from the Notice Paper on 8 September 2026 before becoming law.
The evidence pack contains no speech from an opponent or independent critic of the bill. It records only Pat Conaghan's case for the proposal; he acknowledged that some people regard flag burning as legitimate protest, but argued that it is instead intended to provoke, offend and divide.
Pat Conaghan MP introduced this bill. Speeches supporting it came from Nationals.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
211 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
The bill would make it a crime to deliberately desecrateTreat something regarded as sacred with serious disrespect., seriously dishonour, burn, mutilate or destroy the Australian National Flag or Australian Red EnsignAustralia's official red flag associated with merchant shipping.. The conduct must be done publicly, displayed publicly or shared with the public through digital, photographic or video images.
The offence would apply only if the person was recklessTaking action despite a known risk of harmful consequences. about whether the conduct would incite hatred or violence, or threaten public disorder or a public disturbance.
A first offence could bring a fine of up to 50 penalty units or up to 12 months in prison. A second or later offence would carry a minimum of 12 months in prison.
The offence would not cover damage caused by the ordinary use or disposal of an item bearing a flag image. It would also exempt permitted disposal of a worn, soiled or damaged flag, disposal when someone gives up ownership of the flag, and conduct connected with the legal process for proposing a new national flag.
Genuine scientific, educational and artistic work would be exempt, as would conduct in the public interest. For professional journalism, the narrower exception would cover a display forming part of a communication made for, or during, the person's work as a journalist. A defendant would need to point to evidence supporting any claimed exception.
The bill's operative text says that whenever any person is convicted, written notice must be sent to an officer in the department responsible for migration. The explanatory memorandum describes this as a way for a non-citizen's conviction to be considered under the character rules for visa holders; the bill does not require automatic visa cancellation.
The changes would begin the day after the legislation received Royal AssentFormal approval that turns a passed bill into law..
(1) A person commits an offence if: (a) the person: (i) desecrates or otherwise dishonours the Australian National Flag or the Australian Red Ensign or ; (ii) burns, mutilates or otherwise destroys the Australian National Flag or the Australian Red Ensign; and (b) the person: (i) does so in or within view of a public place; or (ii) displays it in or within view of a public place; or (iii) causes digital, photographic or video images to be communicated to the public; andFlags Amendment (Protection of Australian National Flags) introduced text
(c) 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 text
(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 text
(2) Subsection (1) does not apply to an action if: (a) that action results in damage being done to an image of the Australian National Flag or the Australian Red Ensign because that image is affixed to or reproduced on an item or article and the damage done is a consequence of , what an ordinary person would reasonably believe to be, the ordinary use and disposal of that item or article; or (b) a person is using or disposing of the Australian National Flag or the Australian Red Ensign in accordance with section 6 or 7 or because it has become worn, soiled or damaged or the person relinquisheFlags Amendment (Protection of Australian National Flags) introduced text
(d) the action is for a genuine scientific, educational or artistic purpose; or (e) 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; or (f) the action is for a purpose that is in the public interest. Note: A defendant bears an evidential burden in relation to the matter in subsection (2).Flags Amendment (Protection of Australian National Flags) introduced text
7B Notification of Immigration Department If a person is convicted of an offence against section 7A, the Secretary must give written notice of the conviction to an officer in the Department administered by the Minister administering the Migration Act 1958.Flags Amendment (Protection of Australian National Flags) introduced text
2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent.Flags Amendment (Protection of Australian National Flags) introduced text
Context
The Flags Act 1953 recognised the Australian National Flag and Australian Red EnsignAustralia's official red flag associated with merchant shipping., but deliberate damage was generally dealt with through broad public-order offences; flag burning at a 2003 Perth anti-war rally and a 2015 Indigenous protest prompted renewed calls, while earlier private bills in 2006 and 2016 did not reach debate. Pat Conaghan MP’s private member’s bill, introduced on 9 February 2026, responds by proposing a specific offence for public desecration linked to risks of hatred, violence or disorder, but it was removed from the Notice Paper on 8 September 2026 before becoming law.
Flags Act recognises national flags without a specific protection offence
The Flags Act 1953 established the status, design and rules of use for the Australian National Flag but did not create a specific offence for deliberate degradation, leaving flag burning to general public-order laws.
Flags Amendment (Protection of Australian National Flags) explanatory memorandum ↗Flag burning at a Perth anti-war rally leads to charges
Two people were charged with disorderly conduct after allegedly burning the Australian flag at a youth anti-war protest rally in Perth, prompting backbench calls for a specific offence.
Sydney Morning Herald ↗Bronwyn Bishop introduces an earlier flag-protection bill
The private member’s bill proposed up to six months’ imprisonment or an $11,000 fine for destroying or damaging the Australian flag.
Sydney Morning Herald ↗George Christensen introduces another flag-protection bill
George Christensen introduced a private bill after flag burning at an Indigenous protest in 2015, arguing that the conduct should attract criminal penalties.
SBS News ↗Pat Conaghan MP introduces a new flag-protection bill
Pat Conaghan MP introduced the private member’s bill to create a specific offence for public desecration of the Australian National Flag or Australian Red EnsignAustralia's official red flag associated with merchant shipping. where the conduct risks hatred, violence or disorder.
Hansard ↗The bill is removed from the Notice Paper
The bill was removed from the Notice Paper, and no supplied evidence records passage or Royal AssentFormal approval that turns a passed bill into law. for the proposed offence.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Key criticism
The evidence pack contains no speech from an opponent or independent critic of the bill. It records only Pat Conaghan's case for the proposal; he acknowledged that some people regard flag burning as legitimate protest, but argued that it is instead intended to provoke, offend and divide.
The available parliamentary record is limited: after Pat Conaghan's speech, the allotted debate time expired and debate was adjourned. The pack therefore does not establish what other parties or members thought of the bill.
Further sources
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Conaghan supports the bill because he believes criminalising deliberate flag desecration, with possible visa cancellation for non-citizens, will protect national symbols, honour Australians' service and sacrifice, and preserve social cohesion.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“That is why we must seriously consider making the burning or desecration of the Australian flag and the Australian ensign a criminal offence. This bill does so by amending section 7 of the Flags Act 1953 to criminalise the burning of the flag or red ensign, with penalties of $16,500 or up to 12 months imprisonment for a first offence, or, in the case of a second offence, a minimum 12 months imprisonment. Further, in the case of a noncitizen convicted of this offence, there would be automatic referral to the minister for consideration of cancellation of the person's visa on character grounds.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Removed from the Notice Paper in accordance with (SO 42)
Removed from the Notice Paper in accordance with (SO 42)
The bill reached this recorded parliamentary step.
