Did not passRights & Fairness Introduced in the House of Representatives, 09 Feb 2026 by SHARKIE, Rebekha, MP

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

The short version

Who it affects

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 2026House of Representatives: Introduced and read a first time
09 Feb 2026House of Representatives: Second reading moved
08 Sep 2026House of Representatives: Removed from the Notice Paper in accordance with (SO 42)

Official sources

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