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Flags Amendment Bill 2014

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2013-2014

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

FLAGS AMENDMENT BILL 2014

 

 

EXPLANATORY MEMORANDUM

 

 

(Circulated by authority of Senator Xenophon and Senator Madigan)

 

 

 

 

 

 

 

 

 

 

 

BACKGROUND

The purpose of this Bill is to ensure that Australian flags flown, used or supplied by the Commonwealth are only manufactured in Australia from Australian materials.

 

 

NOTES ON CLAUSES

 

Part 1 - Preliminary

 

Clause 1 - Short Title

This clause is a formal provision and specifies that the Bill, once enacted, may be cited as the Flags Amendment Act 2014.

 

Clause 2 - Commencement

The Bill’s provisions are to commence on a day to be proclaimed.

 

Clause 3 - Schedule(s)

This clause states that each Act specified within a Schedule to this Bill is amended or repealed as set out by the provisions of the Bill.

 

 

Schedule 1 -

 

Amendments to the Flags Act 1953

 

Item 1 amends existing section 7 of the Act to create subsection 7(1). This amendment does not alter the substance of the existing provision.

 

Item 2 amends existing section 7 to replace the phrase “flag or ensign referred to in, or appointed under, this Act” with the phrase “designated flag”. This is consistent with the amendment in item 3 of this Schedule, and does not change the intent of section 7.

 

Item 3 inserts a new subsection 7(2) to require that the Commonwealth must only fly, use or supply a designated flag if the flag was manufactured in Australia from materials manufactured in Australia. It also inserts a new subsection 7(3) to insert a definition of “designated flag”, which refers to a flag or ensign referred to or appointed in the Flags Act 1953.

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

FLAGS AMENDMENT BILL 2014

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Bill

This Bill amends the National Flag Act 1953 to require that Australian flags flown, used or supplied by the Commonwealth be manufactured in Australia from Australian materials.

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.