Flags Act 1953

Act No. 1 of 1954 as amended

This compilation was prepared on 11 July 2008 taking into account amendments up to Act No. 73 of 2008

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra

Contents

An Act to declare a certain Flag to be the Australian National Flag and to make other provision with respect to Flags
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 1

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.

 2

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

 a

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

 b

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

 3

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.

 4

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.
The Australian National Flag and the Australian Red Ensign

Sections 3 and 4

1. The Australian National Flag is a blue flag, and the Australian Red Ensign is a red flag, the design of each of which is specified in clause 1A.

1A. Each of the flags referred to in clause 1 has:

Table A—Commonwealth Star

Table B—Stars of the Southern Cross

2. In Table A and Table B, “width of flag” means the measurement of the hoist edge of the flag.

3. In Table B, “middle line” means a straight line, parallel with the hoist edge of the flag, and dividing the fly into two equal parts.

 a

the Union Jack occupying the upper quarter next the staff;

 b

a large white star (representing the 6 States of Australia and the Territories) in the centre of the lower quarter next the staff and pointing direct to the centre of St George’s Cross in the Union Jack, as specified in Table A; and

 c

5 white stars (representing the Southern Cross) in the half of the flag further from the staff, as specified in Table B.

 Flags

Sections 3 and 4

Part I

AUSTRALIAN NATIONAL FLAG

Part II

AUSTRALIAN RED ENSIGN

Notes to the

Note 1

The Flags Act 1953 as shown in this compilation comprises Act No. 1, 1954 amended as indicated in the Tables below.

Table of Acts

Table of Amendments

 a

(a) This Act was reserved for Her Majesty’s pleasure on 12 December 1953, the Queen’s Assent was given on 14 February 1954 and was made known to each House of the Parliament on 15 February 1954. By a Proclamation dated 8 April 1954, the Queen’s Assent was proclaimed in the Gazette on 14 April 1954 (see Gazette 1954, p. 1179).