Criminal offence for burning an Australian flag in a public place

Summary Offences (Protection of the Australian Flag) Amendment Bill 2026

Private Member's Bill

Assembly

Introduced by: Robert Katter (KAP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

A person must not burn an Australian flag in a public place.
The act must be likely to provoke public disorder.
The act must be likely to intimidate a person or cause significant offence to the community.
People who break this law face 6 months in prison.
They can also be fined up to 40 penalty units.
Courts can consider if the person stole the flag or defaced it.
Courts can consider if the person filmed the burning or posted it on social media.
The law covers the Australian National Flag and any flag with a similar layout.

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