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Upholding Australian Values
(Protecting Our Flags) Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill, which is to provide for the
upholding of Australian values by creating an offence protecting
certain Australian flags.
Clause 2 provides that the Act will come into operation on the day after
the day on which it receives the Royal Assent.
Clause 3 sets out definitions for the purposes of the Bill. Australian
Aboriginal Flag means the flag appointed by the
Governor-General as the Australian Aboriginal Flag and
published in the Government Gazette of the Commonwealth of
Australia on 14 July 1995.
Australian National Flag has the same meaning as in the Flags
Act 1953 of the Commonwealth.
Australian Red Ensign has the same meaning as in the Flags
Act 1953 of the Commonwealth.
The term dishonour is defined to include burn, damage, deface
or desecrate.
Victorian Flag means the flag consisting of the Blue Ensign,
having in the centre of the fly 5 white stars representing
the constellation of the Southern Cross, surmounted by
Saint Edward's Crown.
581PM8 1 BILL LC INTRODUCTION 22/2/2016
Clause 4 introduces the offence to dishonour certain Australian flags.
A person aged 18 years or more must not intentionally or
recklessly dishonour the Australian Aboriginal Flag, the
Australian National Flag, the Australian Red Ensign or the
Victorian Flag.
The penalty for the offence is 40 penalty units or imprisonment
for 2 years.
An intended example of dishonouring a flag would be burning
the flag in public.
The offence does not apply to--
• a flag damaged through wear and tear; or
• the disposal of a flag in a dignified manner; or
• the use of a flag for the purposes of discussing a new
flag design.
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