A person commits an offence if they burn, mutilate or destroy the Australian National Flag or Australian Red Ensign in a public place; this applies if they are reckless about inciting hatred, violence or public disorder.

First-time offenders face up to 12 months in prison or 50 penalty units.

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.

Journalists are exempt when displaying the flag as part of their professional work.

The Secretary must notify the Department of Home Affairs if a person is convicted of this offence.