EXPLANATORY STATEMENT
Issued by the Authority of the Cabinet Secretary
Flags Act 1953
Proclamation under the Flags Act 1953
The Flags Act 1953 (the Act) 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 White Ensign is flown from the stern of naval vessels. The Australian National Flag is flown from the bow.
A proclamation was made by the Governor-General on 1 March 1967 recognising the ensign (described in the Schedule) under section 5 of the Flags Act 1953 as the ensign of the Royal Australian Navy and to be known as the Australian White Ensign.
The Schedule described the Australian White Ensign as a white flag with the Union Jack occupying the Upper White Quarter next the staff, with a large dark blue star (representing the six states of Australia and the Territories of the Commonwealth) in the centre of the lower quarter next the staff and pointing direct to the centre of the St. George’s Cross in the Union Jack, and five dark blue stars (representing the Southern Cross) in the fly or half of the flag further from the staff. The dimensions and positions of the stars are the same as the dimensions and positions of the stars in the Australian National Flag described in the first schedule to the Flags Act 1953.
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 Consequently, the proclamation was automatically repealed on 1 January 2008.
The new proclamation replaces the original proclamation to ensure that the Australian White Ensign continues to be recognised in all Australian States and Territories as the ensign of the Australian Navy. It has effect from 1 January 2008.
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 was enacted by the Commonwealth Parliament to establish the legal framework governing the use of flags in Australia, particularly the Australian National Flag. This Act was designed to fill a legislative gap by providing clear guidelines on the use of the Australian flag and other flags and ensigns of Australia. Under the Act, the Governor-General is empowered to designate additional flags and ensigns through proclamation, as specified in section 5. The explanatory statement for the 1967 proclamation, which recognised the Australian White Ensign as the ensign of the Royal Australian Navy, highlights an oversight in the original proclamation's lodging process, resulting in its automatic repeal on 1 January 2008. The new proclamation, effective from the same date, was issued to reinstate the Australian White Ensign's status and ensure its continued recognition across all Australian states and territories. This re-proclamation was deemed machinery in nature, thus consultation was not necessary, and its retrospective effect does not adversely impact any individual's rights or liabilities.
Scope and Application
The Flags Act 1953 pertains to the regulation and recognition of the Australian National Flag as well as any other flags or ensigns designated for official use by the Governor-General. The Act applies to any person, entity, or vessel within Australia, ensuring uniformity in the display of recognised flags. It has a nationwide jurisdictional reach, affecting all states and territories. Notably, the Act has designated the Australian White Ensign for use by the Royal Australian Navy, as outlined in a proclamation by the Governor-General on 1 March 1967. This ensign, characterised by its design elements including the Union Jack and representations of the Southern Cross, is specified in a Schedule to the Act. However, due to an administrative oversight, the original proclamation was repealed on 1 January 2008. To rectify this, a new proclamation was issued under the Act, effective from the same date, to reinstate the Australian White Ensign as the official ensign of the Royal Australian Navy, ensuring its continued recognition across all Australian jurisdictions. The Act does not specify any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The Flags Act 1953 (section 5) allows the Governor-General to appoint flags and ensigns of Australia through a proclamation. The Australian National Flag and the Australian White Ensign are specifically mentioned, with the latter being flown from the stern of naval vessels and the former from the bow. A 1967 proclamation designated the Australian White Ensign as the ensign of the Royal Australian Navy, but due to an administrative oversight, this proclamation was not properly lodged and was repealed on 1 January 2008. A new proclamation was made on 1 March 2008 to reinstate the Australian White Ensign as the ensign of the Australian Navy, ensuring its continued recognition in all Australian states and territories.
Under the Flags Act 1953, the Governor-General has the authority to declare specific flags and ensigns as official symbols of Australia. This includes the designation of the Australian White Ensign as the ensign of the Royal Australian Navy. The obligations imposed on parties by this Act include ensuring that any use of these flags adheres to the specifications outlined in the proclamation and the Act itself. The Act requires that any changes or updates to these designations be formally proclaimed and properly lodged to maintain their legal status.
Breaches of the provisions outlined in the Flags Act 1953 can lead to various consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that improper use of the Australian flags or ensigns could potentially lead to legal repercussions. The penalties for such breaches would likely be determined by the context of the offence, but could include fines or other legal actions under the relevant laws governing the use of national symbols. It is essential for individuals and entities to ensure compliance with the Act to avoid any legal complications.