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

Introduced by: Rebekha Sharkie (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.
People who intentionally or recklessly burn or desecrate the Australian National Flag, the Australian Aboriginal Flag, or the Torres Strait Islander Flag face up to 2 years jail.
People who burn or desecrate these flags for a second or later time face at least 12 months jail.
These penalties do not apply to normal wear and tear or accidental damage.
People can burn or desecrate a likeness or reproduction of these flags for artistic, creative, or educational purposes.
People can burn or desecrate these flags if they have a valid warrant or are following official flag rules.

Topics

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