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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.
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
●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
●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✗