QLD Fines or Up to 6 Months Jail for Burning an Australian Flag in Public

Summary Offences (Protection of the Australian Flag) Amendment Bill 2026

Private Member's Bill

28 Aug 2026: The chamber is going through this bill clause by clause, and can make amendments (consideration in detail).

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Topics

civil liberties criminal penalties freedom of expression national flag public offense public order public safety

Introduced by: Robert Katter MP (KAP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

A person must not burn an Australian flag in a public place.
The act must be likely to provoke public disorder.
The act must be likely to intimidate a person or cause significant offence to the community.
People who break this law face 6 months in prison.
They can also be fined up to 40 penalty units (2026: $6,908).
Courts can consider if the person stole the flag or defaced it.
Courts can consider if the person filmed the burning or posted it on social media.
The law defines an Australian flag as the National flag or any flag with a similar layout that includes the UniJack, Commonwealth Star, and Southern Cross, regardless of the colours or size.
The court can also consider if the person posted videos or images of the burning to social media or helped someone else do so.