Summary Offences (Protection of the Australian Flag) Amendment Bill 2026

Overview

This bill creates a new criminal offence for burning an Australian flag in a public place where the conduct is likely to provoke public disorder, intimidate people, or cause significant offence to the community. It is a private member's bill introduced by Mr R Katter MP.

Who it affects

Anyone who burns an Australian flag in public in circumstances likely to provoke disorder or intimidation could face penalties of up to 40 penalty units or 6 months imprisonment.

Key changes

• Creates a new offence of burning an Australian flag in a public place in circumstances likely to provoke public disorder, intimidate people, or cause significant community offence
• Maximum penalty of 40 penalty units or 6 months imprisonment
• The definition of 'Australian flag' includes flags with a layout similar to the Australian National Flag, regardless of colour or style variations
• Courts can consider aggravating factors including unlawfully taking the flag, defacing it, filming the burning, or publishing it on social media
• The offence applies only to public conduct — it does not cover private behaviour or political opinion