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 Royal Australian Air Force Ensign was initially adopted in 1948. It was later amended in 1982.
A proclamation was made by the Governor‑General on 6 May 1982 recognising the ensign (described in the Schedule) under section 5 of the Flags Act 1953 as the ensign of the Royal Australian Air Force and to be known as the Royal Australian Air Force Ensign.
The Schedule described the Royal Australian Air Force Ensign as a sky blue flag with the Union Jack occupying the upper quarter next the staff, with a large white seven-pointed 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 white stars (representing the Southern Cross) and the Royal Australian Air Force Roundel in royal blue, white and red in the fly on the half of the flag further from the staff. The dimensions and positions of the stars of the Southern Cross in relation to each other are the same as the Australian National Flag, but the Southern Cross as a whole is angled away from the fly with ‘Gamma Crucis’ positioned as for the Australian National Flag and ‘Alpha Crucis’ positioned 1/6 of the width of the fly from the bottom edge. The roundel is positioned with the centre of the roundel 1/4 of the width of the fly from the outer and lower edge. The white circle has an outer diameter of 4/11 of the width of the fly with an inner diameter of 8/33 of the width of the fly. The red kangaroo in motion in the centre of the roundel is placed on the white circle facing the staff so that the tip of the nose is 1/36 of the width of the fly from the inner edge of the blue circle, with the tips of the tail and hind feet 1/72 of the width of the fly away from the inner edge of the blue circle.
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 Consequently, the proclamation was automatically repealed on 1 January 2008.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 Royal Australian Air Force Ensign continues to be recognised in all Australian States and Territories as the ensign of the Australian Air Force. 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 to provide for the Australian National Flag and to allow the Governor-General to appoint other flags and ensigns of Australia by proclamation. This Act was intended to address the need for official recognition and regulation of flags and ensigns used in Australia. The proclamation under the Flags Act 1953 issued on 6 May 1982 recognised the Royal Australian Air Force Ensign as the official ensign of the Australian Air Force. However, due to an administrative oversight, this proclamation was not properly lodged and was repealed on 1 January 2008. The new Proclamation, issued under the same Act, was made to rectify this oversight and to ensure that the Royal Australian Air Force Ensign continues to be recognised as the ensign of the Australian Air Force from 1 January 2008. The proclamation ensures that there is no adverse impact on the rights or liabilities of any individual.
Scope and Application
The Flags Act 1953 applies to the recognition and regulation of flags and ensigns within Australia. Specifically, it allows the Governor-General to appoint flags and ensigns of Australia by proclamation under section 5 of the Act. This legislation covers the Australian National Flag and any other flags or ensigns that the Governor-General may designate as official. The scope of the Act extends across all Australian states and territories, ensuring that any recognised flags or ensigns are acknowledged nationally. The current proclamation under consideration pertains to the Royal Australian Air Force Ensign, which was initially adopted in 1948 and later amended in 1982. This proclamation was automatically repealed on 1 January 2008 due to an administrative oversight, prompting a new proclamation to reinstate its status as the ensign of the Royal Australian Air Force, effective from 1 January 2008. The new proclamation ensures that the Royal Australian Air Force Ensign continues to be recognised in all Australian states and territories. The Act does not specify exclusions or exemptions, but its application is subject to the machinery of government as outlined in the Legislative Instruments Act 2003.
Key Provisions
The Flags Act 1953 (section 5) provides the framework for the recognition of the Australian National Flag and allows the Governor-General to designate additional flags and ensigns by proclamation. The Flag Act 1953 was amended through a proclamation issued by the Governor-General on 6 May 1982, which recognised the Royal Australian Air Force Ensign as the ensign of the Royal Australian Air Force. The ensign is described as a sky blue flag with the Union Jack in the upper quarter nearest the staff, a large white seven-pointed star in the lower quarter nearest the staff, and five white stars representing the Southern Cross along with the Royal Australian Air Force Roundel in the fly on the half of the flag furthest from the staff. The new Proclamation under the Flags Act 1953 aims to correct an oversight in the original proclamation, ensuring that the Royal Australian Air Force Ensign remains recognised as the ensign of the Australian Air Force. The Proclamation has effect from 1 January 2008.
The obligations imposed by this proclamation on the parties governed by it include ensuring that the Royal Australian Air Force Ensign is recognised and used appropriately as the official ensign of the Royal Australian Air Force in all Australian states and territories. This includes adherence to the specific design and specifications as outlined in the Schedule to the proclamation. Entities such as the Department of Defence and the Royal Australian Air Force are expected to use the ensign in accordance with these specifications in all official and ceremonial contexts.
There are no specific offences, penalties, or civil/criminal consequences outlined in the proclamation for breaches of its provisions. The proclamation serves to correct a previous oversight and ensure the continued recognition of the Royal Australian Air Force Ensign, rather than imposing new obligations or penalties. The primary focus is on maintaining the correct representation and use of the ensign as a symbol of the Royal Australian Air Force.