
In short:
The Federal Opposition wants serious public desecration of the Australian flag to become a federal criminal offence carrying up to 12 months in prison. The Coalition proposal would also introduce new protections for war memorials and seek to enshrine 26 January as Australia Day.
Plans To Introduce New Legislation
The Federal Opposition has announced plans to introduce legislation that could see people jailed for publicly desecrating the Australian flag in certain circumstances.
Opposition Leader Angus Taylor announced the Coalition would introduce the Australian National Symbols and Heritage Protection Bill when Federal Parliament returns.
Under the proposal, serious public desecration of the Australian national flag would become a federal criminal offence where a person is reckless as to whether the act would incite hatred or violence, threaten public order or cause a public disturbance.
The proposed offence would carry a maximum penalty of 12 months in prison.
The legislation would also introduce offences relating to the intentional damaging, defacing, desecrating or destruction of war memorials and other significant historical memorials.

Australia Day Would Also Be Enshrined In Law
“Our flag represents the country we love. Our war memorials honour Australians who put their lives on the line. Australia Day is our national day that unites us all,” Taylor said.
The Coalition argues existing protections for national symbols are inadequate and says the proposed laws would still allow people to criticise Australia, its history and institutions.
“You are free to criticise Australia. You are free to disagree with our history, our institutions and our traditions,” Taylor said.
“But freedom does not mean there should be no consequences for deliberately attacking the symbols that unite us.”
The bill would also seek to enshrine 26 January as Australia Day in Commonwealth legislation, with a national plebiscite required before the date could be changed.
The proposals are not currently law and would need to pass Federal Parliament.



