Criminal offence for burning or desecrating Australian national flags
Criminal Code Amendment (Flag Protection) Bill 2026
Private Member's Bill1st House
2nd House
Law
Introduced by: Rebekha Sharkie (CA)
Links to official parliament websites
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.