This bill is currently before Parliament.
Law, justice & rights
The bill would create a Criminal CodeThe Commonwealth criminal law statute that the bill would amend by inserting a new flag-burning and desecration offence. offence for intentionally or recklessly burning or desecrating the Australian National Flag, the Australian Aboriginal Flag or the Torres Strait Islander Flag.
Rebekha Sharkie introduced the bill to make flag burning or desecration a federal criminal offence where it is intentional or reckless. The explanatory memorandum frames the bill as a response to conduct said to inflame division and harm social cohesion, while preserving ordinary protest, criticism of government, lawful disposal of worn flags and artistic or educational uses of flag images.
The bill sits at the intersection of criminal law, national symbols and protest rights. It would add a new offence to Division 80The part of the Criminal Code where the bill would insert the new subdivision on burning or desecrating certain flags. of the Criminal CodeThe Commonwealth criminal law statute that the bill would amend by inserting a new flag-burning and desecration offence. for three flags recognised under the Flags ActThe Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants. framework. The explanatory memorandum accepts that the proposal limits freedom of expression and peaceful assembly, but argues those limits are justified by public order, social cohesion and protection from vilification. The collected source bundle does not show the bill passing the House, moving to the Senate or becoming an Act.
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 peaceful assembly, and then argues those limits are justified. Because only supportive second-reading speeches were collected, this section should be read as source-limited rather than a full account of public criticism.
Rebekha Sharkie MP introduced this bill. Supportive speeches so far have come from Centre Alliance, some crossbench members.
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.
Meaning
The bill would create a Criminal CodeThe Commonwealth criminal law statute that the bill would amend by inserting a new flag-burning and desecration offence. offence for intentionally or recklessly burning or desecrating the Australian National Flag, the Australian Aboriginal Flag or the Torres Strait Islander Flag.
The proposed penalty is up to two years imprisonment, with a minimum 12 months imprisonment for a second or later offence.
The offence would not cover artistic, creative or educational reproductions of flags, lawful disposal under the Flags ActThe Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants., or incidental damage and wear and tear.
The prosecution would have to prove intentional or reckless conduct, while a defendant would carry 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.
The bill would start on the day after Royal AssentThe formal approval that turns a bill passed by Parliament into an Act. The introduced bill says it would start the day after Royal Assent., but the collected parliamentary record only shows the bill before the House of Representatives at introduction stage.
The Criminal Code Amendment (Flag Protection) Bill 2026 (the Bill) proposes to amend the Criminal Code Act 1995 to introduce a criminal offence of and penalties for the intentional or reckless act of burning or desecrating the Australian National Flag, the Australian Aboriginal Flag, and the Torres Strait Islander Flag.Criminal Code Amendment (Flag Protection) explanatory memorandum
Penalty: (a) a maximum penalty of imprisonment for 2 years; and (b) a minimum penalty of imprisonment for 12 months for a second or subsequent offence.Criminal Code Amendment (Flag Protection) introduced bill text
Subsection (1) does not apply if: (a) the person burns or desecrates a reproduction or likeness of the relevant flag; and (b) the reproduction or likeness is for artistic, creative or educational purposes.Criminal Code Amendment (Flag Protection) introduced bill text
The prosecution will bear the onus of proving that a person either intended to burn or desecrate the relevant flag or was reckless as to their conduct in relation to desecrating the flag.Criminal Code Amendment (Flag Protection) explanatory memorandum
The whole of this Act The day after this Act receives the Royal Assent.Criminal Code Amendment (Flag Protection) introduced bill text
Context
The bill sits at the intersection of criminal law, national symbols and protest rights. It would add a new offence to Division 80The part of the Criminal Code where the bill would insert the new subdivision on burning or desecrating certain flags. of the Criminal CodeThe Commonwealth criminal law statute that the bill would amend by inserting a new flag-burning and desecration offence. for three flags recognised under the Flags ActThe Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants. framework. The explanatory memorandum accepts that the proposal limits freedom of expression and peaceful assembly, but argues those limits are justified by public order, social cohesion and protection from vilification. The collected source bundle does not show the bill passing the House, moving to the Senate or becoming an Act.
Flags ActThe Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants. framework exists
The bill relies on the Flags Act 1953The Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants. for the Australian National Flag and for rules or warrants that can permit lawful flag disposal.
Introduced bill text ↗Indigenous flags recognised under the Flags ActThe Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants.
The explanatory memorandum states that the Australian Aboriginal Flag and Torres Strait Islander Flag were proclaimed by the Governor-General under the Flags ActThe Commonwealth law used in the bill to identify the Australian National Flag and the proclaimed Australian Aboriginal Flag and Torres Strait Islander Flag, and to refer to lawful disposal rules or warrants. on this date.
Explanatory memorandum ↗Public-opinion poll cited in the human-rights statement
The statement of compatibility cites an Institute of Public Affairs poll saying 77 per cent of Australians thought burning the Australian National Flag should be against the law and 63 per cent supported imprisonment as a penalty.
Statement of compatibility with human rights ↗Sponsor links bill to recent hate-laws debate
In her second reading speech, Sharkie said an opposition amendment to make Australian flag burning a criminal offence had not been accepted during a recent hate-laws debate, and presented this private bill as a broader approach covering all three flags.
Second reading speech, Rebekha Sharkie ↗Private member billA bill introduced by a member who is not introducing it as a government minister. This bill was sponsored by Rebekha Sharkie MP. introduced in the House
The APH progress record shows the bill was introduced and the second reading moved in the House of Representatives, with Dai Le seconding the bill in debate.
APH bill page and House Hansard ↗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
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 peaceful assembly, and then argues those limits are justified. Because only supportive second-reading speeches were collected, this section should be read as 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 early supporting House speeches, 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 freedom of expression and peaceful assembly by prohibiting intentional or reckless burning or desecration of relevant flags, while arguing those limits are lawful and proportionate.
Evidential burden for exceptions
The explanatory memorandum says a defendant would bear 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 exceptions such as artistic or educational reproductions, lawful disposal and incidental damage, because those facts are said to be within the defendant’s knowledge.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Rebekha Sharkie supports the bill as its sponsor, saying it would draw a line between legitimate protest and intentional or reckless burning or desecration of Australia’s three recognised flags.
Read in Hansard ↗Dai Le seconds and supports the bill, arguing that the Australian flag represents unity, sanctuary and belonging for migrants and refugees as well as the wider community.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“The Criminal Code Amendment (Flag Protection) Bill 2026 seeks to do one thing: to prohibit desecrating or recklessly burning the Australian flag”Read the full speech in Hansard ↗
“This is not about silencing debate. It is about protecting the shared national symbol that represents unity, sanctuary and mutual respect.”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.
