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Criminal Code Amendment (Flag Protection) Bill 2026

✦ Plain-English Summary

# Criminal Code Amendment (Flag Protection) Bill 2026 ## What it does This bill makes it illegal to intentionally burn or damage the Australian National Flag, the Aboriginal Flag, or the Torres Strait Islander Flag. Breaking this law would result in a prison sentence of at least 12 months for a first offence and up to 2 years for repeat offences. ## Why it matters The bill attempts to protect these flags as national symbols by making damage a criminal matter rather than a protest tactic. It's a contentious move because it directly restricts how people can express political dissent, which sits uncomfortably with free speech principles that Australians generally value. ## Key details - **Exceptions exist**: You're allowed to burn or damage a *copy* of the flag for art, creative work, or education. You're also allowed if you're following official government procedures for flag disposal (outlined in the Flags Act 1953). - **Penalties are strict**: First offence gets a mandatory 12-month prison sentence; repeat offences can go up to 2 years. - **Starts immediately**: The law would take effect the day after the Governor-General approves it.

Official Description

Amends the Criminal Code Act 1995 to create a criminal offence of intentionally or recklessly burning or desecrating the Australian National Flag, the Australian Aboriginal Flag or the Torres Strait Islander Flag.

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Audit History

Last updated on APH

9 Apr 2026

Last checked by Crossbench

yesterday

Next review

in 6 days

Full text indexed

yesterday

How Parliament Voted

Senate26 Mar 2025
Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024 - Second Reading - Agree with the bill's main idea
14
AYES
24
NOES
FAILED
Australian Labor Party18
Australian Greens11
Liberal Party3
Independent2
Pauline Hanson's One Nation Party2
Australia's Voice1
PRES1
Senate1 Apr 2026
Criminal Code Amendment (Keeping Australia Safe) Bill 2026 - Second Reading - Agree with the bill's main idea
26
AYES
34
NOES
FAILED
Australian Labor Party21
Liberal Party15
Australian Greens10
Pauline Hanson's One Nation Party4
National Party2
Liberal National Party2
Independent2
United Australia Party1
DPRES1
Country Liberal Party1
PRES1

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