Flags Amendment (Protection of Australian National Flags) Bill 2026

# Flags Amendment (Protection of Australian National Flags) Bill 2026 ## What it does This bill creates a new crime of "desecrating" the Australian National Flag or Australian Red Ensign (the naval flag). It makes it illegal to burn, mutilate, destroy, or dishonour these flags in public or online if you're reckless about whether it will incite hatred, violence, or public disorder. ## Why it matters This is about free speech versus symbol protection. Burning a flag as political protest is currently legal in Australia—this bill would criminalize it. The laws would apply to anyone sharing flag-burning images online, not just people doing it in person. ## Key details - **First offense**: Up to $5,500 fine or 12 months jail - **Second offense or later**: Minimum 12 months in prison (mandatory) - **Applies to**: Physical flag destruction, public displays, and digital images shared online - **Exceptions**: Damage from normal wear-and-tear, proper flag disposal, or other legitimate uses get a pass - **Timeline**: Starts the day after it gets Royal Assent (once it passes both houses and the Governor-General signs off) The bill text appears incomplete—the last exemption cuts off mid-sentence—so the final version may include additional exceptions.