2008

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

THE SENATE

FLAGS (PROTECTION OF AUSTRALIAN FLAGS) AMENDMENT BILL 2008

EXPLANATORY MEMORANDUM

(Circulated by authority of Senator Guy Barnett, Liberal Senator for Tasmania)

FLAGS (PROTECTION OF AUSTRALIAN FLAGS) BILL 2008

GENERAL OUTLINE

The purpose of this Bill is to amend the Flags Act 1953 to prevent the desecration or wilful destruction of Australian flags.

Financial Impact Statement
This Bill will have no financial impact.

NOTES ON CLAUSES
Preliminary
Clause 1: Short title
Clause 1 is a formal provision specifying the short title of the Bill. The Act will be called the Flags (Protection of Australian Flags) Amendment Act 2008.

Clause 2: Commencement
This clause provides that this Act will commence on the day the Act receives Royal Assent.

Clause 3: Object of Act

This clause provides that the object of this Act is to amend the Flags Act 1953 to protect the Australian National Flag or any other flag proclaimed by the Governor-General in accordance with section 5 of the Flags Act 1953 from desecration or wilful destruction.

Clause 4: Schedule(s)

This clause provides that each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Schedule 1 provides that after section 7 of the Flags Act 1953 the following section be inserted: 7A Desecration or destruction of the Australian National Flag or a proclaimed flag.

Subsection (1) makes it an offence for a person to wilfully damage or destroy the Australian National Flag or any other flag proclaimed by the Governor-General in accordance to section 5, and outlines the penalty for this.

Subsection (2) provides that it is a defence if the offence occurred in accordance with subsection (1) because it has become worn, soiled or damaged in normal usage.