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Flags Act 1953
Parliament of Australia
Long title:	An Act to declare a certain Flag to be the Australian National Flag and to make other provision with respect to Flags
Introduced by:	Robert Menzies
Dates
Date passed:	December 1953
Date of Royal Assent:	February 14, 1954
Commencement:	April 14, 1954
Other legislation
Amendments:	Flags Amendment Act 1998
Related legislation:
Status: Substantially amended

The Flags Act 1953 is an act of the Parliament of Australia which defines the official Flag of Australia. Queen Elizabeth II gave Royal Assent on 14 February 1954 after opening the Commonwealth Parliament during her 1954 Royal Tour. It was the first of the few Commonwealth Statutes enacted by the reigning Monarch.

Flags Act 1953

The legislation specifies the colours and construction details for the Australian National Flag and the Australian Red Ensign (also known as the Australian Merchant Flag). It confers statutory powers on the Governor-General to appoint 'flags and ensigns of Australia' and authorise warrants and make rules as to use of flags. Section 8 ensures that the 'right or privilege' of a person to fly the Union Jack is not affected by the Act.

The Act originally contained a serious drafting error in Table A of the Act. The outer diameter of the Commonwealth Star was recorded as being three-eighths of the width of the flag, instead of the true value of three-tenths of the width of the flag. The Act was amended to correct the error in 1954.

Flags Amendment Act 1998

The Flags Amendent Act was passed during a period of active debate on changing the Australian Flag and the Australian republic. The Act adds to Section 3 of the Flags Act and provides that the present Australian National Flag can only be replaced if a majority of State and Territory electors qualified to vote for the House of Representatives agree (unless that Act is again amended through the normal processes). Previously the Act provided no mechanism for changing the flag.

References

• National Archives of Australia. Flags Act 1953
• Australian Parliamentary Library. Flags Amendment Bill 1996