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This is a Bill, not an Act. For current law, see the Acts databases.
FLAGS AMENDMENT (FLYING THE AUSTRALIAN NATIONAL FLAG IN A HERITAGE PLACE) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Flags Amendment (Flying the Australian
National Flag in a Heritage Place) Bill
2005
No. , 2005
Mr M D Ferguson
A Bill for an Act to amend the Flags Act 1953 to
enable the flying of the Australian National Flag in
a heritage place without unnecessary encumbrance
i Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005
No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Amendment of the Flags Act 1953
3
Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No.
, 2005 1
A Bill for an Act to amend the Flags Act 1953 to
1
enable the flying of the Australian National Flag in
2
a heritage place without unnecessary encumbrance
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Flags Amendment (Flying the
6
Australian National Flag in a Heritage Place) Act 2005.
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2 Commencement
8
This Act commences on the day on which it receives the Royal
9
Assent.
10
2 Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005
No. , 2005
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No.
, 2005 3
1
Schedule 1--Amendment of the Flags Act
2
1953
3
1
After section 7
4
Insert:
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7A Flying of the Australian National Flag in a heritage place
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(1) A person is entitled to erect a flagpole for the purpose of flying the
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Australian National Flag, on land which the person owns or leases.
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(2) This section does not apply if there is a law of a State or of a
9
Territory, other than State or Territory heritage legislation, which
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would require a person to obtain permission for, or would
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otherwise prevent, the erection of a flagpole.
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(3) This section applies despite anything in State or Territory heritage
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legislation which would require a person to obtain permission for,
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or would otherwise prevent, the erection of a flagpole.
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(4) In this section:
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conservation order means a conservation order in force under
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State or Territory heritage legislation
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heritage place includes a building and land associated with the
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building, under single title and ownership, which is listed in a
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heritage register or subject to:
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(a) a conservation order; or
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(b) an interim conservation order; or
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(c) an interim heritage order; or
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(d) an interim protection order; or
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(e) provisional registration.
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heritage register means a heritage register under State or Territory
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heritage legislation
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interim conservation order means an interim conservation order in
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force under State or Territory heritage legislation
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4 Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005
No. , 2005
interim heritage order means an interim heritage order in force
1
under State or Territory heritage legislation
2
interim protection order means an interim protection order in force
3
under State or Territory heritage legislation
4
provisional registration means provisional registration under State
5
or Territory heritage legislation
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State or Territory Heritage legislation means a law of a State or
7
Territory which provides for the protection and conservation of
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places and objects of cultural heritage significance and the
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registration of such places and objects.
10