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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Flags Amendment (Protecting Australian
Flags) Bill 2016
No. , 2016
(Mr Christensen)
A Bill for an Act to amend the Flags Act 1953, and
for related purposes
No. , 2016
Flags Amendment (Protecting Australian Flags) Bill 2016
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
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Flags Act 1953
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No. , 2016
Flags Amendment (Protecting Australian Flags) Bill 2016
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A Bill for an Act to amend the Flags Act 1953, and
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for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Flags Amendment (Protecting
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Australian Flags) Act 2016.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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2
Flags Amendment (Protecting Australian Flags) Bill 2016
No. , 2016
3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2016
Flags Amendment (Protecting Australian Flags) Bill 2016
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Schedule 1--Amendments
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Flags Act 1953
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1 After section 7
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Insert:
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7A Protecting Australian flags
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(1) A person commits an offence if:
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(a) the person does one of the following acts:
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(i) burning, or otherwise damaging or destroying, an
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Australian flag;
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(ii) defacing, defiling, mutilating, trampling upon, or
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otherwise desecrating or dishonouring, an Australian
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flag; and
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(b) the person does so reckless as to whether the act will:
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(i) cause death, injury or violence to another person in a
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public place; or
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(ii) cause damage or destruction to property (other than the
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Australian flag mentioned in paragraph (a)) in a public
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place; or
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(iii) create public disorder or a public disturbance; or
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(iv) offend, insult, humiliate or intimidate another person or
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a group of people.
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Penalty: Imprisonment for 1 month or 30 penalty units.
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(2) A reference in subsection (1) to an Australian flag does not include
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a reference to an Australian flag that has been applied to something
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that is not a flag, including by being woven in, impressed on,
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worked into or annexed or affixed to that other thing.
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(3) Subsection (1) does not apply to the extent (if any) that it would
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infringe any constitutional doctrine of implied freedom of political
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communication.
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(4) In this section:
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Australian flag means:
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Schedule 1 Amendments
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Flags Amendment (Protecting Australian Flags) Bill 2016
No. , 2016
(a) the Australian National Flag; or
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(b) the Australian Red Ensign; or
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(c) any other flag or ensign appointed under section 5.
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public place includes any place to which the public have access as
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of right or by invitation, whether express or implied and whether or
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not a charge is made for admission to the place.
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