Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedule(s).......................................................................................... 2
Schedule 1—Amendment of the Flags Act 1953 3
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
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Flags Amendment (Flying the Australian National Flag in a Heritage Place) Act 2005.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Flags Act 1953
1 After section 7
Insert:
7A Flying of the Australian National Flag in a heritage place
(1) A person is entitled to erect a flagpole for the purpose of flying the Australian National Flag, on land which the person owns or leases.
(2) This section does not apply if there is a law of a State or of a Territory, other than State or Territory heritage legislation, which would require a person to obtain permission for, or would otherwise prevent, the erection of a flagpole.
(3) This section applies despite anything in State or Territory heritage legislation which would require a person to obtain permission for, or would otherwise prevent, the erection of a flagpole.
(4) In this section:
conservation order means a conservation order in force under State or Territory heritage legislation
heritage place includes a building and land associated with the building, under single title and ownership, which is listed in a heritage register or subject to:
(a) a conservation order; or
(b) an interim conservation order; or
(c) an interim heritage order; or
(d) an interim protection order; or
(e) provisional registration.
heritage register means a heritage register under State or Territory heritage legislation
interim conservation order means an interim conservation order in force under State or Territory heritage legislation
interim heritage order means an interim heritage order in force under State or Territory heritage legislation
interim protection order means an interim protection order in force under State or Territory heritage legislation
provisional registration means provisional registration under State or Territory heritage legislation
State or Territory Heritage legislation means a law of a State or Territory which provides for the protection and conservation of places and objects of cultural heritage significance and the registration of such places and objects.