Flags Act 1953

1 Short title [see Note 1]

This Act may be cited as the Flags Act 1953.

2 Extension to Territories

This Act extends to all the Territories.

3 The Australian National Flag

The blue flag described in Schedule 1, being the flag a reproduction of which is set out in Part I of Schedule 2, is declared to be the Australian National Flag.

The blue flag referred to in subsection (1) ceases to be the Australian National Flag if, and only if:

a new flag or flags, and the flag referred to in subsection (1), are submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives; and

the new flag, or one of the new flags, is chosen by a majority of all the electors voting.

The form and manner in which a proposal for a new Australian National Flag is submitted to electors, and the manner in which a vote on the proposal is taken (which may include the adoption of a form of preferential voting for choosing among 3 or more flags), and arrangements for adopting a new flag as the Australian National Flag if chosen as mentioned in subsection (2), are to be as the Parliament prescribes.

In this section:

Territory means any Territory referred to in section 122 of the Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

4 The Australian Red Ensign

The red flag described in Schedule 1, being the flag a reproduction of which is set out in Part II of Schedule 2, shall be known as the Australian Red Ensign.

5 Other flags

The Governor-General may, by Proclamation, appoint such other flags and ensigns of Australia as he or she thinks fit.

6 Warrants to use flags

The Governor-General may, by warrant, authorize a person, body or authority to use a flag or ensign referred to in, or appointed under, this Act, either without defacement or defaced in the manner specified in the warrant.

7 Rules as to use of flags

The Governor-General may make, and cause to be published, rules for the guidance of persons in connexion with the flying or use of flags or ensigns referred to in, or appointed under, this Act.

8 Flying of Union Jack

This Act does not affect the right or privilege of a person to fly the Union Jack.