EXPLANATORY STATEMENT
Issued by the Authority of the Cabinet Secretary
Flags Act 1953
Proclamation under the Flags Act 1953
The Flags Act 1953 provides for the Australian National Flag, and also provides that the Governor‑General may, by proclamation under section 5 of the Act, appoint such other flags and ensigns of Australia as he thinks fit.
The Australian Defence Force Ensign represents the three services of the Australian Defence Force.
A proclamation was made by the Governor‑General on 14 April 2000 recognising the ensign (described in the Schedule) under section 5 of the Flags Act 1953 as the ensign of the Australian Defence Force and to be known as the Australian Defence Force Ensign.
The Schedule described the Australian Defence Force Ensign as divided vertically into units, the left third being dark blue (symbolising the Royal Australian Navy), the centre third being Red (symbolising the Australian Army) and the right third being light blue (symbolising the Royal Australian Air Force). Superimposed centrally and intersecting the other thirds, in gold, is the Joint Service emblem. The Joint Service emblem incorporates the emblems traditionally representing the three Services: an anchor (representing the Royal Australian Navy); superimposed on the anchor are crossed swords (representing the Australian Army); and superimposed on the crossed swords is an eagle (representing the Royal Australian Air Force). The seven-pointed Commonwealth Star rests on a wreath directly above, and supported by, the group of service emblems, and a boomerang (symbolising Australia) is placed horizontally directly below the group of Service emblems supporting and unifying all the emblems.
Due to an administrative oversight, the proclamation was not lodged in accordance with the requirements of the Legislative Instruments Act 2003 to ensure it remained in force. Consequently, the proclamation was automatically repealed on 1 October 2006.
This proclamation replaces the original proclamation to ensure that the Australian Defence Force Ensign continues to be recognised in all Australian states and territories as the ensign of the Australian Defence Force. It has effect from 1 October 2006.
Due to the instrument being machinery in nature consultation was not necessary.
The retrospective nature of the proclamation is not considered to affect the rights of, or liabilities imposed on, any individual to the individual’s disadvantage.
Overview
The Flags Act 1953, enacted by the Australian Parliament, established the legal framework for the Australian National Flag and allowed the Governor-General to appoint other flags and ensigns of Australia by proclamation. This Act was introduced to address the need for formal recognition and regulation of national symbols, ensuring consistency and respect for Australia’s national identity. A significant aspect of this legislation is its provision for the Governor-General to appoint additional flags, as demonstrated by the 2000 proclamation recognising the Australian Defence Force Ensign. This ensign, designed to represent the three services of the Australian Defence Force, was automatically repealed in 2006 due to an administrative oversight, prompting the need for this new proclamation to reinstate its status. The policy objective of this proclamation is to maintain the recognition of the Australian Defence Force Ensign across all states and territories, ensuring continuity and respect for this important national symbol.
Scope and Application
The Flags Act 1953, as amended by the proclamation under its section 5, governs the recognition of flags and ensigns in Australia. It applies to the Australian National Flag and any other flags or ensigns appointed by the Governor-General. Specifically, the Act recognises the Australian Defence Force Ensign as representing the three services of the Australian Defence Force, with its colours and symbols signifying the Royal Australian Navy, the Australian Army, and the Royal Australian Air Force. The geographic and jurisdictional reach of this Act extends to all Australian states and territories, ensuring consistent recognition and usage of the designated flags. The proclamation under section 5 of the Act addresses an administrative oversight by reinstating the Australian Defence Force Ensign, ensuring its continued recognition from 1 October 2006. This proclamation operates machinery in nature and does not require consultation, nor does it adversely affect the rights or liabilities of individuals.
Key Provisions
The Flags Act 1953, as amended, provides the legislative framework for the Australian National Flag and allows for the recognition of other flags and ensigns of Australia through proclamation by the Governor-General (section 5). Section 5 specifically enables the Governor-General to appoint other flags and ensigns of Australia by proclamation, which serves to officially recognise these symbols within the national context. The Australian Defence Force Ensign, which was recognised by proclamation on 14 April 2000, is a notable example of such an ensign, representing the three services of the Australian Defence Force.
Under the Act, the Australian Defence Force Ensign is divided vertically into three equal parts. The left third is dark blue, symbolising the Royal Australian Navy; the centre third is red, symbolising the Australian Army; and the right third is light blue, symbolising the Royal Australian Air Force. The ensign features the Joint Service emblem in gold, which centrally intersects the other thirds. This emblem includes the anchor representing the Royal Australian Navy, crossed swords for the Australian Army, and an eagle for the Royal Australian Air Force. The seven-pointed Commonwealth Star is placed above these service emblems, while a boomerang, symbolising Australia, is positioned below them, unifying all emblems.
The obligations and requirements imposed by the Flags Act 1953 on the parties it governs include the need for any proclamation under section 5 to be made in accordance with the Legislative Instruments Act 2003 to ensure the proclamation remains in force. Failure to comply with these legislative requirements results in the proclamation being automatically repealed. Consequently, the original proclamation recognising the Australian Defence Force Ensign was repealed on 1 October 2006 due to an administrative oversight. This new proclamation rectifies that oversight, ensuring the Australian Defence Force Ensign continues to be recognised as the ensign of the Australian Defence Force in all Australian states and territories.
There are no specific offences, penalties, or consequences outlined in the Flags Act 1953 for breaches of the Act's provisions. However, the failure to lodge a proclamation in accordance with the Legislative Instruments Act 2003 leads to the automatic repeal of the proclamation. This ensures that any symbols recognised under the Flags Act 1953 are legally and officially recognised unless properly maintained. The retrospective nature of this proclamation does not affect the rights or liabilities of any individual to their disadvantage, ensuring that the recognition of the Australian Defence Force Ensign does not retroactively impose any new obligations or penalties on any party.