People who burn or deliberately desecrate the Australian flag could face jail under proposed new laws, as politicians respond to a series of incidents in Victoria and Queensland.
Two federal private members’ bills introduced in Canberra would create criminal offences covering the burning or serious desecration of national symbols. One proposal would impose a fine of up to 16,500 Australian dollars or a maximum 12-month prison sentence for a first offence, with at least a year behind bars for a second.
The bill, introduced by Nationals MP Pat Conaghan, would also cover the Australian Red Ensign. A separate measure put forward by Centre Alliance MP Rebekha Sharkie would include the Australian Aboriginal Flag and the Torres Strait Islander Flag.
Ms Sharkie’s proposal would allow a maximum sentence of two years for a first offence and a minimum one-year term for subsequent convictions. It is intended to apply where a person deliberately or recklessly burns or desecrates one of the flags.
Mr Conaghan told the House of Representatives that the Australian flag was “not a prop for political theatre”, arguing that burning it was an insult to those who had served and died for the country.
Critics of the plans have raised concerns about freedom of political expression. Education Minister Jason Clare condemned a flag-burning incident in Brisbane but said existing state laws could already be used in cases involving illegal fires, disorderly conduct or damage to property.
Queensland is also considering its own legislation. A bill introduced in the state parliament would make it an offence to burn an Australian flag in a public place where the act was likely to provoke disorder, intimidate someone or cause significant offence, with a maximum penalty of six months in prison.
The Queensland proposal is currently before a parliamentary committee. The federal bills are likewise yet to become law, meaning flag burning is not automatically a criminal offence across Australia, although other offences may apply depending on the circumstances.
