Sharkie's ban on burning three flags lapsed without a vote
Rebekha Sharkie, a Member of Parliament (MP), wanted up to two years' jail for burning or badly disrespecting any of three flags. They are the Australian National Flag, the Aboriginal Flag and the Torres Strait Islander Flag. The bill was dropped in September 2026 with no vote.
Official name: Criminal Code Amendment (Flag Protection) Bill 2026
- Burning or badly disrespecting any of Australia's three official flags, on purpose or recklessly, would have become a crime.
- The top penalty was 2 years in jail. A second offence would bring at least 12 months.
- Pictures of flags, getting rid of old flags the proper way, and normal wear and tear were not covered.
- The bill was dropped from the to-do list of the House of Representatives on 8 September 2026.
Who it affects
- Protesters: Burning or badly disrespecting one of the three flags at a protest could have led to jail.
- Aboriginal and Torres Strait Islander people: Their two flags would have had the same protection in law as the Australian National Flag.
- Artists and teachers: Damaging a picture or copy of a flag made for art or teaching would not have been a crime.
- People who fly flags at home or work: Getting rid of a worn flag the proper way, or normal wear and tear, would not count.
Burning a flag is legal
Australia has three official flags under a law called the Flags Act 1953. They are the Australian National Flag, the Australian Aboriginal Flag and the Torres Strait Islander Flag. The Governor-General, the King's representative, made the last two official flags on 14 July 1995.
Burning a flag is not a federal crime now. Rebekha Sharkie MP wanted to change that. She brought this private bill to the House of Representatives on 9 February 2026. That is the house of Parliament where the government is formed. A private bill is one brought by an MP, not by the government.
Her notes on the bill say the three flags stand for who we are, our history and belonging. They say the Aboriginal and Torres Strait Islander flags also stand for the path towards healing between First Nations people and other Australians. First Nations people are Aboriginal and Torres Strait Islander people.
She says people burn flags to stir up anger, to offend and to divide. She says Germany, France, India and Japan ban burning their national flag.
The new crime
The bill would have added a new crime to the Criminal Code. That is the main federal law that lists crimes. It would be a crime to burn or desecrate any of the three flags, on purpose or recklessly.
Desecrate means to damage, or treat with disrespect, something that people hold sacred or respect. The bill did not say what "burn" or "desecrate" mean. So the words would have their everyday meaning.
Reckless means you knew there was a real risk and went ahead anyway. The police lawyers would have had to prove the person acted on purpose or recklessly.
The top penalty would have been 2 years in jail. For a second or later offence, the lowest penalty would have been 12 months in jail.
What would not count
Damaging a copy or picture of a flag made for art, creative work or teaching would not have been a crime. The bill's notes give the example of a picture of a flag in a school book.
Destroying a flag under a warrant would not have been a crime. A warrant is a signed legal order. Neither would getting rid of a flag under the rules in the Flags Act.
Damage by accident, and normal wear and tear, would not have counted either.
A person charged would have had to point to some proof that one of these reasons applied. Say a school burns an old, faded flag, following the Flags Act rules. The school would show that, and it would not be a crime.
Free speech and protest
The bill's notes accept that it limits free speech and the right to gather and protest peacefully. These rights are in a world treaty Australia has signed. A treaty is a deal between countries.
Ms Sharkie says those limits are fair to keep the peace in public and protect the rights of others. She says Australians would still be free to criticise governments, policies and public bodies.
She also points to an August 2025 poll by the Institute of Public Affairs, a group that researches and campaigns on policy. It found 77% of people thought burning the national flag should be illegal. It found 63% thought it should bring jail.
Planned start
The new crime would have started the day after the Governor-General signed the bill into law.
The bill's notes say it would cost nothing.
Dropped after time ran out
Ms Sharkie brought in the bill on 9 February 2026. The same day she opened the debate on its main idea.
The House never voted on it. On 8 September 2026 it was dropped from the House's to-do list, under House rule 42. That rule clears out private bills that have not been dealt with for a set time. The bill will not become law in this form.
Its journey through Parliament
| 09 Feb 2026 | House of Representatives: Introduced and read a first time |
| 09 Feb 2026 | House of Representatives: Second reading moved |
| 08 Sep 2026 | House of Representatives: Removed from the Notice Paper in accordance with (SO 42) |