Flags Act 1953
| Flags Act 1953 | |
|---|---|
 |
|
| Parliament of Australia | |
| An Act to declare a certain Flag to be the Australian National Flag and to make other provision with respect to Flags | |
| Date of Royal Assent | 14 February 1954 |
| Date commenced | 14 April 1954 |
| Introduced by | Robert Menzies |
| Amendments | |
| Flags Amendment Act 1998 | |
| Status: Substantially amended | |
The Flags Act 1953 is an act of the Parliament of Australia which defines the official Flag of Australia. Queen Elizabeth II gave Royal Assent on 14 February 1954 after opening the Commonwealth Parliament during her 1954 Royal Tour. It was the first of the few Commonwealth Statutes enacted by the reigning Monarch.
The legislation specifies the colours and construction details for the Australian National Flag and the Australian Red Ensign (also known as the Australian Merchant Flag). Sections 5 & 6 confer statutory powers on the Governor-General to appoint 'flags and ensigns of Australia', and authorise warrants and make rules as to use of flags. Section 8 ensures that the 'right or privilege' of a person to fly the Union Jack is not affected by the Act.
The Act originally contained a serious drafting error in Table A of the Act. The outer diameter of the Commonwealth Star was recorded as being three-eighths of the width of the flag, instead of the true value of three-tenths of the width of the flag. The Act was amended to correct the error in 1954.
Upon introducing the legislation in the House of Representatives on 20 November 1953, Prime Minister Robert Menzies stated:
"The bill is very largely a formal measure which puts into legislative form what has become almost the established practice in Australia."
The Flags Amendment Act was passed after the 1996 Australian federal election, during a period where the republican movement was influential, and both the government and opposition parties were committed to bringing the issue to a head as a matter of policy. The Act adds to section 3 of the Flags Act and provides that the present Australian National Flag can only be replaced if a majority of State and Territory electors qualified to vote for the House of Representatives agree. It was variously described as "ensuring a degree of protection for" and "the first substantive parliamentary steps towards defining a process for the change of" the Australian National Flag.
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