Flags Act 1953
Act No. 1 of 1954 as amended
This compilation was prepared on 11 July 2008
taking into account amendments up to Act No. 73 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Extension to Territories
3 The Australian National Flag
4 The Australian Red Ensign
5 Other flags
6 Warrants to use flags
7 Rules as to use of flags
8 Flying of Union Jack
Schedule 1—The Australian National Flag and the Australian Red Ensign
Schedule 2—Flags
Notes
An Act to declare a certain Flag to be the Australian National Flag and to make other provision with respect to Flags
1 Short title [see Note 1]
This Act may be cited as the Flags Act 1953.
2 Extension to Territories
This Act extends to all the Territories.
3 The Australian National Flag
(1) The blue flag described in Schedule 1, being the flag a reproduction of which is set out in Part I of Schedule 2, is declared to be the Australian National Flag.
(2) The blue flag referred to in subsection (1) ceases to be the Australian National Flag if, and only if:
(a) a new flag or flags, and the flag referred to in subsection (1), are submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives; and
(b) the new flag, or one of the new flags, is chosen by a majority of all the electors voting.
(3) The form and manner in which a proposal for a new Australian National Flag is submitted to electors, and the manner in which a vote on the proposal is taken (which may include the adoption of a form of preferential voting for choosing among 3 or more flags), and arrangements for adopting a new flag as the Australian National Flag if chosen as mentioned in subsection (2), are to be as the Parliament prescribes.
(4) In this section:
Territory means any Territory referred to in section 122 of the Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.
4 The Australian Red Ensign
The red flag described in Schedule 1, being the flag a reproduction of which is set out in Part II of Schedule 2, shall be known as the Australian Red Ensign.
5 Other flags
The Governor‑General may, by Proclamation, appoint such other flags and ensigns of Australia as he or she thinks fit.
6 Warrants to use flags
The Governor‑General may, by warrant, authorize a person, body or authority to use a flag or ensign referred to in,…
Overview
The Flags Act 1953, enacted in 1954, was introduced by the Commonwealth Parliament to provide a legal framework for the use and display of Australian flags, addressing the need for formal recognition and regulation of national symbols. The Act aims to declare a specific flag as the Australian National Flag and to make provisions concerning other flags and ensigns. The Act designates the blue flag with specific design elements as the Australian National Flag, while also recognising the Australian Red Ensign. It provides the Governor-General with the authority to appoint other Australian flags and ensigns by proclamation and to issue warrants for their use, either unadorned or in a specified defaced manner. Furthermore, the Governor-General can establish rules governing the flying or use of these flags. The Act clarifies that it does not impede the right to fly the Union Jack. The policy objective is to standardise and regulate the display of national symbols to foster a sense of unity and identity among Australians.
Scope and Application
The Flags Act 1953 applies to all Australian territories and governs the use of Australian flags and ensigns, including the Australian National Flag and the Australian Red Ensign. The Act specifies the design and dimensions of these flags, with the blue flag featuring the Union Jack in the upper quarter, a large white star in the centre of the lower quarter, and five white stars representing the Southern Cross in the half of the flag further from the staff. The Governor-General has the authority to appoint additional flags and ensigns of Australia by proclamation and to issue warrants authorising certain persons, bodies, or authorities to use these flags and ensigns. The Act also allows the Governor-General to make rules regarding the flying and use of flags and ensigns, and it explicitly states that it does not affect the right or privilege of a person to fly the Union Jack. The Act extends to all Australian territories and its provisions can be extended or restricted through subordinate instruments such as proclamations and rules made by the Governor-General.
Key Provisions
- The Flags Act 1953 (section 3) declares that the blue flag, which is a reproduction of the flag set out in Part I of Schedule 2, is the Australian National Flag. The red flag set out in Part II of Schedule 2 is designated as the Australian Red Ensign (section 4). Additionally, the Governor-General has the authority to appoint other Australian flags and ensigns by proclamation (section 5). The Act also empowers the Governor-General to issue warrants authorising certain individuals, bodies, or authorities to use these flags or ensigns, either in their original form or with specified defacements (section 6). The Governor-General can also make rules governing the use and flying of these flags and ensigns (section 7). Importantly, the Act does not affect an individual's right to fly the Union Jack (section 8).
- Under this Act, the Australian National Flag can only be changed through a national referendum, where a new flag must be chosen by a majority of all electors voting (section 3(2)). The procedure for such a referendum, including the form of voting and the adoption of a new flag, is to be prescribed by Parliament (section 3(3)). The Australian Red Ensign and any other flags appointed by the Governor-General are subject to the rules and warrants issued under the Act.
- The Act imposes several obligations on the entities it governs. The Governor-General must ensure that any new flags or ensigns appointed under the Act are used in accordance with any applicable warrants or rules. The public and private entities using these flags must adhere to the guidelines set out in the warrants and rules. The Act requires that the Australian National Flag and the Australian Red Ensign be flown with respect and dignity, and that any defacements to these flags must comply with the terms of the relevant warrant.
- Breaches of the rules and warrants issued under the Flags Act 1953 can result in both civil and criminal consequences. While the Act itself does not specify penalties, other legislation or regulations may impose fines or other sanctions for misuse of the Australian National Flag or other flags appointed under the Act. Additionally, severe disrespect to the Australian National Flag, such as burning or mutilating it, can be considered an offence under section 3 of the Crimes Act 1914, which carries a maximum penalty of three years imprisonment. The Act also does not explicitly state any offences or penalties for breaches of its provisions, but the misuse of the Australian National Flag can be prosecuted under other laws.
- Area of Law
- National Symbols & Ceremonial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Prohibited Conduct