Crimes (Protection of Australian Flags) Bill 1990
WARNING:
Parliamentary Research Service Department Iof the Parliamentary Library
This Digest was prepared for debate and should not be taken as a complete guide to the legislatl;on which may reflect amendments.
Crimes (Protection of Australian Flags) Bill 1990
(Private Member’s Bill)
Date Introduced: 31 May 1990 House: House of Representatives Presented by: Michael Cobb M.P.
Purpose To make it an offence to desecrate, dishonour, or without authority burn, mutilate or destroy the Australian National Flag or an Australian Ensign.
Background Most controversy about the current Australian flag centres on the prlesence of the Union Jack in the left top corner. Those in favour of the current flag argue that this represents a link with Australia’s history and that, as Australia has grown into a nation with this flag, it should be retained. Emphasis is also placed on the fact that Australian’s have fought and died under this flag and it is argued that in honour of these people the flag should be retained.
The arguments against the current flag also rest on its association with the past. It is argued
that the presence of the Union Jack signifies a link with Australia’s colonial past which is not necessary as Australia IS now a fully independent nation. In addition, it is argued that the presence of the Union Jack reduces the Australian nature of the flag and leads to problems with identification in some international forums.
The reason for this Bill was the burning of an Australian flag by Aboriginal protesters in the Parliament House forecourt in March 1989. The Aboriginal protesters were protesting against the Government’s handling of Aboriginal Affairs.’
Main Provisions It will be an offence for a person to desecrate, dishonour, or without authority, bum, mutilate of destroy the #Australian National Flag or an Australian Ensign. The maximum penalty for a breach oi this provision will be a fine of $5000 and, or imprisonment for 2 yealrs (clause 3).
References 1. House of Representatives, Daily Hansard 31 May 1990, pp. 893 and 894.
Bills Digest Service Parliamentary Research Setice
27 July 1990
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0 Commonwealth of Australia 1990
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Published by the Department of the Parliamentary Library, 1990.
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