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© 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.

Index | Schedule 


Section 1 Short title
Section 2 Commencement
Section 3 Schedules

Flags Amendment Act 1998

No. 2, 1998

An Act to amend theFlags Act 1953

[Assented to 24 March 1998]

The Parliament of Australia enacts:  

Short title

This Act may be cited as the Flags Amendment Act 1998.


(1) This Act commences on the day on which it receives the Royal Assent.


(2) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

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Schedule 1 - Amendment of the Flags Act 1953

1. At the end of section 3


(2) The blue flag referred to in subsection (1) ceases to be theAustralian 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.
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[Minister' s second reading speech made:
House of Representatives on 26 June 1996
Senate on 13 December 1996]

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Note: The Beginner's Guide to the Australian Constitution iTunes Podcast
contains a sequence on this document.