FED Fines or Up to 12 Months Jail for Recklessly Burning or Destroying the Australian National Flag or Red Ensign in Public

Flags Amendment (Protection of Australian National Flags) Bill 2026

Opposition Bill

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

House of Representatives

Senate

Assent

Share this bill

Email Facebook X Bluesky

Topics

criminal penalties freedom of speech immigration national flag national symbols public order public safety

Introduced by: Pat Conaghan MP (NAT)

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 burn, mutilate or destroy the Australian National Flag or Australian Red Ensign in a public place or share the act publicly online, provided they are reckless about inciting hatred, violence or public disorder.
First-time offenders face up to 12 months in prison or 50 penalty units (2026: $18,200).
Repeat offenders face a minimum of 12 months in prison.
The law does not apply to the ordinary use and disposal of items with the flag on them; it also excludes genuine scientific, educational or artistic purposes, or acts done in the public interest.
Journalists are exempt when displaying the flag as part of their professional work.
The Home Affairs Secretary must notify the Department of Home Affairs (Immigration Department) in writing if a person is convicted of this offence.