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Flags Act 1953

Preamble | Index | Schedules | Note


© Commonwealth of Australia (1991)
All legislation herein is reproduced by permission but does not purport to be the official or authorised version. It is subject to Commonwealth of Australia copyright. The Copyright Act 1968 permits certain reproduction and publication of Commonwealth legislation. In particular, s.182A of the Act enables a complete copy to be made by or on behalf of a particular person. For reproduction or publication beyond that permitted by the Act, permission should be sought in writing from the Australian Government Publishing Service. Requests in the first instance should be addressed to the Manager, Commonwealth Information Services, Australian Government Publishing Service, GPO Box 84, Canberra ACT 2601.

On 14 February 1954, Her Majesty, the Queen of Australia, assented to the Flags Act 1953. The Act was reserved for Her Majesty's pleasure on 12 December 1953 by the Governor-General, Sir William Slim. The Queen assented to the Act during her first visit, and also the first visit by a reigning monarch, to Australia in 1954.

INDEX


Section 1 Short title
Section 2 Extension to Territories
Section 3 The Australian National Flag
Section 4 The Australian Red Ensign
Section 5 Other flags
Section 6 Warrants to use flags
Section 7 Rules as to use of flags
Section 8 Flying of Union Jack

Preamble | Schedules | Note


SCHEDULES and PREAMBLE

Schedule 1
The Australian National Flag and the Australian Red Ensign

Schedule 2
Reproduction of Flags


  PREAMBLE

An Act to declare a certain Flag to be the Australian National Flag and to make other provision with respect to Flags.

Index | Schedules | Note

Short title

1. This Act may be cited as the Flags Act 1953. Note 1

 

Extension to Territories

2. This Act extends to all the Territories.

 

The Australian National Flag

3.

(1) The blue flag described in Schedule 1, being the flag a reproduction of which is set out in Part I of Schedule 2, is declared to be the Australian National Flag.

NOTE: The following sub-paragraphs 2,3 and 4 form the amendment referred to in the Flags Amendment Act 1998.

(2) The blue flag referred to in subsection (1) ceases to be the Australian National Flag if, and only if:

  1. a new flag or flags, and the flag referred to in subsection (1), are submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives; and

  2. the new flag, or one of the new flags, is chosen by a majority of all the electors voting.

(3) The form and manner in which a proposal for a new Australian National Flag is submitted to electors, and the manner in which a vote on the proposal is taken (which may include the adoption of a form of preferential voting for choosing among 3 or more flags), and arrangements for adopting a new flag as the Australian National Flag if chosen as mentioned in subsection (2), are to be as the Parliament prescribes.

(4) In this section:

Territory means any Territory referred to in section 122 of the Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

 

The Australian Red Ensign

4. The red flag described in Schedule 1, being the flag a reproduction of which is set out in Part II of Schedule 2, shall be known as the Australian Red Ensign.

 

Other flags

5. The Governor-General may, by Proclamation, appoint such other flags and ensigns of Australia as he thinks fit.

 

Warrants to use flags

6. The Governor-General may, by warrant, authorize a person, body or authority to use a flag or ensign referred to in, or appointed under, this Act, either without defacement or defaced in the manner specified in the warrant.

 

Rules as to use of flags

7. The Governor-General may make, and cause to be published, rules for the guidance of persons in connexion with the flying or use of flags or ensigns referred to in, or appointed under, this Act.

 

Flying of Union Jack

8. This Act does not affect the right or privilege of a person to fly the Union Jack.


SCHEDULE 1

The Australian National Flag and The Australian Red Ensign

1.

The Australian National Flag is a blue flag, and the Australian Red Ensign is a red flag, the design of each of which is specified in clause 1A.

1A.

Each of the flags referred to in clause 1 has:

(a) the Union Jack occupying the upper quarter next the staff;

(b) a large white star (representing the 6 States of Australia and the Territories) in the centre of the lower quarter next the staff and pointing direct to the centre of St. George's Cross in the Union Jack, as specified in Table A; and

(c) 5 white stars (representing the Southern Cross) in the half of the flag further from the staff, as specified in Table B.

2.

In Table A and Table B, "width of flag" means the measurement of the hoist edge of the flag.

3.

In Table B, "middle line" means a straight line, parallel with the hoist edge of the flag, and dividing the fly into two equal parts.


TABLE A

Commonwealth Star

Position of Centre

Outer Diameter

Inner Diameter

No. of Points

On middle line (parallel with the hoist edge of flag) of Union Jack(produced), one-quarter width of flag from bottom edge of flag

Three-tenths of width of flag

Four-ninths of outer diameter

Seven

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TABLE B

Stars of the Southern Cross

Name

Position of Centre

Outer Diameter

Inner Diameter

No. of Points

The fractions are fractions of width of flag

In fractions of outer diameter

Alpha Crucis
On middle line, one-sixth from bottom edge
One-seventh
Four-ninths
Seven
Beta Crucis
One-quarter from middle line, at right angles on left to a point on middle line one-sixteenth above centre of fly
One-seventh
Four-ninths
Seven
Gamma Crucis
On middle line one-sixth from top edge
One-seventh
Four-ninths
Seven
Delta Crucis
Two-ninths from middle line at right angles on right to a point one-fifteenth above a point on middle line one-sixteenth above centre of fly
One-seventh
Four-ninths
Seven
Epsilon Crucis
One-tenth from middle line at right angles on right to a point on middle line One twenty-fourth below centre of fly
One-twelfth
Four-ninths
Five

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SCHEDULE 2

Part 1

Part 2

ANF

Red Ensign

Australian National Flag

Australian Red Ensign

 [ Top | Index | Previous ]

NOTE

  1. The Flags Act 1953 as shown in this reprint comprises Act No. 1, 1954 amended as indicated in the Tables below.

Table of Acts

Act

Number and year

Date of Assent

Date of commencement

Application, saving or transitional provisions

Flags Act 1953

1, 1954

14 Feb 1954

14 Apr 1954 (a)

-

Flags Act 1954

58, 1954

06 Nov 1954

14 Apr 1954

-

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9 (1) and 10

Flags Amendment Act 1981

9, 1981

25 Mar 1981

26 Jan 1982 (sees. 2 and Gazette 1981, No. G51,p.2)

-

  1. This Act was reserved for Her Majesty's pleasure on 12 December 1953, the Queen's Assent was given on 14 February 1954 and was made known to each House of the Parliament on 15 February 1954. By a Proclamation dated 8 April 1954, the Queen's Assent was proclaimed in the Gazette on 14 April 1954 (see Gazette 1954, p. 1179).

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Table of Amendments

ad. = added or inserted | am. = amended | rep. = repealed | rs. = repealed and substituted

Provision affected

How affected

S. 2

am. No. 216, 1973

Ss. 3, 4

rs. No. 9, 1981

S. 7

am. No. 216, 1973

Heading to the Schedules

rep. No. 9, 1981

Heading to First Schedule

rep. No. 9, 1981

First Schedule

am, No. 58, 1954; No. 216, 1973

Heading to Schedule 1

ad. No. 9, 1981

Schedule 1

am. No. 9, 1981

Heading to Second Schedule

rep. No. 9, 1981

Heading to Schedule 2

ad. No. 9, 1981

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