Flags Act 1953 (Cth)

Flags Act 1953

Act No. 1 of 1954 as amended

This compilation was prepared on 11 July 2008 taking into account amendments up to Act No. 73 of 2008

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra

Contents 1 Short title [see Note 1] 2 Extension to Territories 3 The Australian National Flag 4 The Australian Red Ensign 5 Other flags 6 Warrants to use flags 7 Rules as to use of flags 8 Flying of Union Jack

Schedule 1—The Australian National Flag and the Australian Red Ensign

Schedule 2—Flags

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

1 Short title [see Note 1]

This Act may be cited as the Flags Act 1953.

2 Extension to Territories

This Act extends to all the Territories.

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.