Pat Conaghan (Cowper, National Party, Shadow Assistant Treasurer) Share this | Hansard source

I move:

That this bill be now read a second time.

I rise to speak to my private members' bill, the Flags Amendment (Protection of the Australian National Flags) Bill 2026—a bill to protect the Australian flag and the Australian ensign, a bill that has been called for by millions of Australians, and a bill that has serious consequences to those who act against it.

The Australian flag and the Australian red ensign are not abstract ideas. They are not props for political theatre. They are national symbols earned through sacrifice, service, and shared history. And when those symbols are burned or deliberately desecrated, it is not an act of harmless protest—it is an act that strikes at the heart of our nation, our respect and our cohesion.

That is why we must seriously consider making the burning or desecration of the Australian flag and the Australian ensign a criminal offence. This bill does so by amending section 7 of the Flags Act 1953 to criminalise the burning of the flag or red ensign with penalties of $16,500 or up to 12 months for a first offence, or in the case of a second offence, a minimum 12 months imprisonment—further in the case of a noncitizen convicted of this offence, automatic referral to the minister for consideration of cancellation of the persons visa on character grounds.

From Gallipoli to the Western Front, from Tobruk to Kokoda, from Vietnam to Afghanistan, the flag was present in moments of extraordinary courage and unbearable loss. It was stitched onto uniforms, flown over camps, and folded with care at military funerals. For thousands of families, the Australian flag is inseparable from grief, pride, and remembrance.

To burn that flag is not a neutral act. It is a conscious insult to those who served and those who died.

The Australian ensign, including the red ensign, carries its own powerful legacy. Australian merchant sailors sailed under it in wartime, often without weapons, keeping supply lines open at enormous personal risk. For decades, their service was overlooked. Today, we finally recognise the ensign as a symbol of quiet bravery and national contribution.

Some argue that burning the flag is a legitimate form of protest. I disagree vehemently. Protest is about persuasion and principle. Flag desecration is about provocation. It does not advance debate. It does not invite understanding. It is designed to offend, to divide, and to demean. And Australians who love their country have had enough.

Making flag desecration a criminal offence would send a very clear message: you are free to criticise this country, you are free to criticise this government and its policies—but you are not free to deliberately destroy the symbols that represent the sacrifices of others.

This respect is not limited to military service. It extends to the way the flag unites us in peace.

Think of our sporting heroes.

Think of Cathy Freeman carrying the Australian flag after her Olympic victory—the moment that showed the power of national symbols to unite rather than divide. Think of our Olympians standing on podiums as the flag rises and the anthem plays—Ian Thorpe, Betty Cuthbert, Andrew Hoy, Emma McKean, just to name a few.

When our teams compete on the world stage, the flag does not represent one race, one religion, or one political view. It represents all of us. Win or lose, it tells the world who we are.

Burning that flag is a rejection of that identity.

We must also address an uncomfortable but necessary question: what does it mean when noncitizens deliberately desecrate the Australian flag?

Australia is a generous nation. We welcome migrants, refugees, students, and workers from around the world. Citizenship—and even residency—is not just a legal status; it is a relationship built on mutual respect.

If someone who is not a citizen chooses to publicly burn or desecrate our national flag, they are making a statement. They are declaring contempt for our country—contempt for we who have hosted them, protected them and offered them opportunity.

It is entirely reasonable for Australia to consider deportation in such cases. In fact, I would go further to say it is more than reasonable; it is absolutely necessary in the interests and the safety of our country and our citizens.

This is not about race, religion or background. It's about conduct. Every nation sets expectations for those who wish to live in its borders. Respect for national symbols is a minimal and reasonable expectation. If a non-citizen deliberately and publicly violates that standard, Australia has the sovereign right to reconsider their place here.

Citizenship carries responsibility. So does residency.

Denouncing flag desecration is not about attacking individuals; it is about defending principles. We can and must say, without apology, that those who burn our flag are wrong. Their actions are divisive, disrespectful and damaging to our social cohesion.

If we allow the deliberate desecration of our flag to become normalised, we send a message. We send a message to our veterans, to our sporting heroes, to new citizens, and to children learning what it means to be Australian. And that message is that nothing is sacred. That message is that sacrifice is optional. And that message is that unity is expendable.

This is not the Australia I grew up in. It is not the Australia we grew up in.

Let's not try and fool ourselves. The desecration of the Australian flag does not have a long history. Growing up as a child in the seventies and eighties, I can't recall ever seeing it happen.

I can say, though, unequivocally, that in the past three years, since the 7 October 2023 attack by Hamas and Palestinian militant groups on young Jewish people, we have seen a proliferation of flag burning and the importation of hate and division here in Australia.

On 9 October, on the steps of our own Opera House, evil people celebrated the massacre; across our iconic Harbour Bridge, fringe groups chanted 'Death to Australia'; and at Invasion Day rallies around Australia on 26 January, we saw the national flag burned—the same national flag which stands proudly side by side the Indigenous flag around Australia, including in this place, as a symbol of recognition and acceptance of our history by the Australian people.

We should be a nation that debates fiercely but respects deeply; a nation that welcomes newcomers but expects loyalty to shared values; a nation that honours its past while working towards a better future.

Making flag desecration a criminal offence, and considering deportation for non-citizens who engage in it, is not about punishment for its own sake. It's about drawing a line—a calm, lawful, and principled line—around what we owe one another as Australians.

We owe it to the Anzacs who never came home.

We owe it to the athletes who carry our flag with pride.

We owe it to future generations who deserve symbols that still mean something.

Let us protect the Australian flag and the Australian Ensign—not as untouchable relics but as living reminders of who we are, what we value, and what we stand for.

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