FED Up to 2 Years Jail for Intentionally Burning or Desecrating National Flags

Criminal Code Amendment (Flag Protection) Bill 2026

Private Member's Bill

8 Sep 2026: This bill has lapsed and is no longer under discussion.

House of Representatives

Senate

Assent

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Topics

artistic freedom criminal penalties freedom of speech national flag national symbols public order

Introduced by: Rebekha Sharkie MP (CA)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

A person commits an offence if they intentionally or recklessly burn or desecrate the Australian National, Aboriginal, or Torres Strait Islander flags.
First-time offenders face up to 2 years in prison.
Repeat offenders face a minimum of 12 months in prison.
The law does not apply to people burning flag reproductions for artistic, creative, or educational purposes.
The law does not apply to flag burning done under a valid warrant or official rules.
These penalties do not apply to normal wear and tear or accidental damage.