Flags Act 1953

Reproduced in accordance with S.182A of the Copyright Act 1968.
The Flags Act 1953 is Copyright Commonwealth of Australia.

TABLE OF PROVISIONS
1. Long Title
2. Short Title
3. The Australian National Flag
4. The Australian Red Ensign
5. Other Flags
6. Warrants to use flags
7. Rules as to use of flags
8. Flying of Union Jack
SCHEDULE 1. The Australian National Flag and the Australian Red Ensign
SCHEDULE 2. Reproduction of Flags

1. Long Title

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

2. Short Title

  1. This Act may be cited as the Flags Act 1953.
  2. This Act extends to all the Territories.

3. The Australian National Flag

  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.
  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.

4. The Australian Red Ensign

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.

5. Other flags

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

6. Warrants to use flags

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.

7. Rules as to use of flags

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.

8. Flying of Union Jack

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

SCHEDULE 1 (s3 and 4)

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:

  1. the Union Jack occupying the upper quarter next the staff;
  2. 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
  3. 5 white stars (representing the Southern Cross) in the half of the flag further from the staff, as specified in Table B.
  4. TABLE A. COMMONWEALTH STAR

    Position of Centre Outer Diameter Inner Diameter Number 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

    TABLE B. STARS OF THE SOUTHERN CROSS

    Position of Centre
    The fractions are fractions of width of flag
    Outer Diameter Inner Diameter
    In fractions of outer diameter
    Number of Points
    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 centres 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

    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.


    SCHEDULE 2 (s3 and 4)

    PART I. AUSTRALIAN NATIONAL FLAG

    Australian Flag


    PART II. AUSTRALIAN RED ENSIGN

    Australian Flag