The Coalition has unveiled a policy to criminalise burning the Australian flag, with penalties of up to 12 months' imprisonment, while denying the move is an attempt to undercut One Nation's political support. The policy, announced on Sunday, also creates new offences for damaging war memorials and legislates 26 January as Australia Day.
Policy details and penalties
Under the proposal, anyone convicted of the new criminal offence of serious public desecration of the Australian flag would face up to 12 months in prison, provided their actions were reckless in inciting hatred or violence, or threatened public order or caused a public disturbance. A separate new offence would be created for deliberately damaging, defacing, desecrating or destroying war memorials and other significant sites commemorating Australia's history.
The plan would also enshrine Australia Day on 26 January in law, requiring a national plebiscite to change the timing of national day celebrations.
Angus Taylor's defence
Angus Taylor rejected claims that the push is designed to undercut One Nation, insisting the penalties are necessary to “stand up for our country”. He cited recent incidents of flag burning and monument graffiti on Australia Days and Anzac Days, calling them “completely unacceptable”.
“It's time to stand up for Australia, our heritage, our history,” Taylor said. Challenged on whether the plan aimed to dint One Nation's support ahead of the next election, he told News24 it was “not about that” and the laws would “help the country”.
Historical context and opposition
Former Liberal prime minister John Howard rejected previous attempts to criminalise flag burning, including in 2002, describing the act as a matter of free speech. Howard called flag burning “repugnant” but said the right to protest was part of the “free speech code that we have in this country”.
One Nation leader Pauline Hanson has previously called for criminal penalties for flag burning, with a party petition attracting approximately 50,000 signatures last year. In September 2025, Hanson said a law would ensure the national symbol got the reverence it deserved, calling for school assemblies and penalties for those who desecrate the flag.
Assistant foreign affairs minister Matt Thistlethwaite said the policy was unnecessary, noting past attempts over 30 years and potential impacts on freedom of expression. He added, “I think that there's a bit of an element of desperation there, trying to chase One Nation, and further to the right, and to capture some of those votes.”
Flag history and legal context
The Australian flag was first flown in September 1901, chosen in a design competition established by the country's first prime minister, Sir Edmund Barton. The competition attracted nearly 33,000 entries, with five near-identical designs awarded equal first place. The design was modified to its current form in 1908, including the seven-pointed federation star. Laws enacted by the Howard government in 1998 required that the flag could only be changed with the agreement of the Australian people.
