More strike tag legislation, this time the Flags Act of 1953. This is to enable greater diversity in the flags that can be flown at official occasions. The amendment includes provision to petition the Governor-General to add a flag of Australia under Section 5.

Purpose

To enable greater diversity in the Australian Flags that can be used for official occasions.

Amended Flag Act

The Australian National Flag (blue ensign) and Australian Red Ensign are added to the Section 5 "Flag of Australia". No Section 5 flag, nor the Australian National Flag have primacy over each other. This allows individuals and organisations to use an Australian flag other than the Australian Nation Flag on official occasions. This will include official occasions such as celebrating Australia Day, ANZAC Day, the Olympics etc. For instance the Olympics medal ceremony will be celebrated with the Olympians Australian Flag of choice.

The amended act also empowers electors to petition the Governor-General for a flag to be added via Section 5 as a flag of Australia. This is to enable popular flags to find wider official usage. This is also so the Governor-General cannot maintain a monopoly on deciding what flags Australians wish to represent themselves with.

Section 8 has been struck out in its entirety. The Union Jack used to be the informal Australian National Flag. In British flag convention, the blue ensign was for government only, and the red ensign for civil ocean and sea going. There is no reason, in this day and age, why Australia should have another nation's flag a part of its Flags Act.

FLAGS ACT 1953 - Long Title

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

FLAGS ACT 1953 - SECT 1

Short title [see Note 1]

This Act may be cited as the Flags Act 1953 .

FLAGS ACT 1953 - SECT 2

Extension to Territories

This Act extends to all the Territories.

FLAGS ACT 1953 - SECT 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.

[Amendment] (5) The Australian National Flag has the same official status as the Australian Flags referred to in Section 5.

FLAGS ACT 1953 - SECT 4

The Australian Red Ensign

(1) 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.

[Amendment] (2) The Australian Red Ensign has the same official status as the Australian Flags referred to in Section 5.

FLAGS ACT 1953 - SECT 5

Other flags

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

[Amendment] (2) Citizens may, through provable support of at least 6,000 electors, petition the Governor-General for the appointment of a flag of Australia.

[Amendment] (3) Flags of Australia have equal status as the Australian National Flag, and can be used for non federal government official occasions, at the discretion of the individual or organisation, in preference to the Australian National Flag.

FLAGS ACT 1953 - SECT 6

Warrants to use flags

(1) 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.

[Amendment] (2) The Governor-General will not infringe on the ability of an individual or organisation, other than a federal government body, to use a flag of Australia, of their choice, in an offficial occasion.

FLAGS ACT 1953 - SECT 7

Rules as to use of flags

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

FLAGS ACT 1953 - SECT 8

Flying of Union Jack

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