Australian National Flag

Mr REPACHOLI (Hunter) (12:05): There are some things in this country that should never be up for debate. Our national flag is one of them. The flag is what our diggers in the Defence Force, men and women, wear on their shoulders when they serve this amazing country. It's the flag that gets handed to a grieving family when their loved one has made the ultimate sacrifice. It's the flag that kids salute at school assemblies. It gets waved at the footy and flies proudly over local town halls right across the Hunter and right across this great nation. It's not just a bit of cloth; it's who we are. It represents sacrifice, service, mateship and the freedoms we all enjoy.

So when we see protesters setting fire to the Australian flag, most Australians feel the exact same way that I do. They feel sick, they feel angry, because it's a slap in the face to everything that that flag stands for. It's disrespectful and it's disgraceful. It goes against the values that unite us as Australians. Let me be clear. Australia is a free country. We believe in free speech and we believe in the right to protest. But free speech does not mean you get to spit in the face of every soldier who has worn that flag or every family who has laid a loved one to rest under it. There are plenty of ways to make your point in this country. You can march, you can speak, you can write, you can even vote. None of those things require burning our national flag.

The Flags Act 1953 makes it clear how the flag should be treated with dignity and respect. Whilst it doesn't impose criminal penalties for desecration, people are not above the law. Property offences, public order offences and other laws apply. Ultimately, Australians themselves will judge those who show such disrespect. That's the balance our government has struck—protecting the freedom to speak in protest whilst ensuring the laws apply when behaviour crosses into violence, disorder and hate. That's the mark of a confident democracy.

Another issue tied up in this debate is the flying of terrorist flags in our community. We've all seen the images of groups waving the symbols of organisations that have murdered innocent women, men and children and are trying to spread fear across this country. These groups stand against everything Australia is about. To see their flags paraded down the street makes my blood boil, and it also makes me sick. But, again, the law is very clear. Under the Commonwealth Criminal Code, it's already an offence to support a terrorist organisation, whether that's through funds, recruitment, training or backing in any form. Waving their flag can amount to support, and, when it does, it's rightly a matter for the police. That sends a strong message. The Australian government does not and will not condone the actions of groups who use violence and terror to pursue their goals.

Most Australians respect our flag. They stand silently on Anzac Day. They cheer it on when it's raised at the Olympic Games and the Commonwealth Games. They put one up on Australia Day. They know it's not about politics; it's about pride in our country, the sacrifices that built it and the unity that keeps it strong. I see that paraded every single week in the Hunter, whether it's at local school presentations, the RSL ceremony, a community footy game or just an old mate who has one up on Wollombi Road. I see it there every single day; he takes it down and brings it up every single day. It's a reminder that, no matter our differences, there are things we hold in common.

The people who burn it are a tiny minority, but their actions sting all of us. It's an insult to every digger who put their life on the line. They mock every family who has lost someone in uniform. They test the patience of decent Australians who are rightly proud of their nation. That's why it matters that this parliament speaks clearly, that we retain the protections already in place, that we back the law and that we send a clear message of respect.

Our flag unites us. It honours those who came before us, inspires those who will come after us and reminds us that we are a nation with a proud history and a shared future. Let's respect it; let's protect it. Let's never allow it to be used as fuel for hate or division in this country. If you want to burn our flag, you're not making a statement; you're making an absolute fool of yourself, and nobody in this country respects people that are burning our flags.

To those who have done it: you should be disgusted in yourselves because it's an absolutely atrocious thing to do. We need to make sure that we're respecting our flag, because this is the country we have.

Mr CONAGHAN (Cowper) (12:10): I thank the member for Herbert for bringing on this motion to make it a criminal offence to deface or burn the Australian flag. The Australian flag is more than just a bit of fabric; it is our fabric. It is our values, our traditions, our history—everything that makes us Australian. This week we celebrate 124 years of our national flag—the same flag that our men and women, including the member for Herbert, served under; the same flag that men and women died under; and the same flag that draped their coffins.

The Australian flag symbolises the freedoms that they wanted for us then, now and into the future, and it symbolises everything good about Australia and everything good that Australian people do and give. You can also look at our sportspeople. Across the years, the Australian flag has draped their shoulders in Olympic Games and other sporting events across the world. Cathy Freeman, Betty Cuthbert—so many athletes held the Australian flag aloft and celebrated their wins and, quite often, celebrated their losses.

The Flags Act is now 70 years old. That's seven decades, and it is time that we upgraded it. We have seen, in recent weeks and months, people out there burning the Australian flag. I never thought that I'd stand in this place talking about the need to legislate and to prevent those people intent on doing harm to Australia by burning the Australian flag. I never thought I'd see that day. So what we would like to see is this government legislate to outlaw burning the Australian flag.

Some politicians have called it 'disappointing'. I'm sorry, but 'disappointing' is missing a bus when you're already running late. Burning the Australian flag is treacherous and treasonous, and it should bring with it the penalties that go along with being treacherous and treasonous. We should see jail sentences for burning the Australian flag, and, if you are not an Australian citizen, then you don't respect our Australian views and you should go back to your country. Your visa should be revoked on the spot.

You might say that it's not a violent act to burn the Australian flag, but it's violent in its intent. What it is saying to us Australians and to the 77 per cent who love our Australian flag is: 'We want to burn you down. We want to burn you down with your flag and replace it with our values—with values that we have brought from other places that don't sit well with Australian people.'

How did we get here? We got here because we have been far too tolerant for far too long. Well, tolerance no more. This government needs to legislate now to criminalise the burning of the flag, to put in place fines and imprisonment for Australian citizens and to revoke the visas of noncitizens, because we have had enough. Us Australians love our flag and we will protect it by all means.

Ms AMBIHAIPAHAR (Barton) (12:15): Yesterday, across our country, we saw disturbing scenes of anti-immigration marches that sought to divide Australians. Today we debate the question of our flag, its protection and its meaning. These two issues are not separate; they go to the heart of who we are as a nation. The Australian flag is more than cloth and colour; it is a living symbol of our history, our sacrifice and our shared future. It flies over schools, town halls and RSLs, and we see it in citizenship ceremonies and above our parliament. It drapes the coffins of those who have served this nation. It is carried proudly at international sporting events. In my own community of Barton the flag is held with particular pride.

Barton is one of the most culturally diverse electorates in the nation. In Barton you will see the Australian flag flying alongside the flags of Greece, Lebanon, China and so many others. Migrant families, refugees and First Nations Australians live side-by-side. Together we embody the very values of the flag and what it represents—unity, fairness and respect. For my community the flag is not about exclusion; it is absolutely about belonging. The government believes and I believe that the overwhelming majority of Australians deplore the actions of those who violate our flag. For many it feels like an insult to the sacrifice of generations. Yet we are also a democracy—freedom of expression, even expression that offends us, is a basis of the democracy. That is what sets us apart from authoritarian regimes where symbols are protected with fear and punishment rather than with pride and respect. Vandalising our flag does not strengthen a cause—it diminishes it. There are far more appropriate, respectful and powerful ways to make one's political views heard, and Australians know this. As a government, we are confident that our community will make its own judgement peacefully and respectfully against those who dishonour the flag.

Let me be very clear—while there are no specific penalties for desecration under the Flags Act 1953, the individuals must still comply with other Australian laws. In certain circumstances such conduct may amount to criminal offences under state and territory law—for example, property damage or public order offences—and under the Commonwealth Criminal Code those who promote or associate with terrorist organisations already face some of the strongest penalties in our legal system.

Our suite of national flags belong to every Australian. They belong to the First Nations people of this land, whose sovereignty was never ceded. They belong to the migrants who arrive here in search of safety, opportunity and a better future for their families. They belong to those who marched yesterday, even if their words and actions dishonoured some of the very values the flag represents. They belong to the electorates like Barton, where Australians of every background live, work and celebrate together. The Australian national flags represent not division but unity, not hate but hope, not exclusion but belonging. The true power of the flag is not in punishing those who abuse it but in how we as a people choose to honour it: by teaching our children its history, by flying it with respect, by carrying forward the values it represents—democracy, equality, fairness and a deep belief in the dignity of every human being who calls this country home.

There was a debate during the election campaign about what flags our prime minister should stand in front of. Mr Dutton, then leader of the opposition, thought he should have to stand in front of only one. Again, this was an attempt to sow fear and division, all for the sake of his political career. The flags are above the whims of politics. We stand in front of all three of our Australian flags with pride and deep respect for the nation they represent. When I look at our flags, I do not see fear or division. I see the Anzacs; I see the migrants who built our suburbs; I see the First Nation elders who fought for recognition; and I see Barton, one of the most diverse electorates in Australia, standing together, proud of who we are and what we share. That's what our flags represent, that's what we must defend and that's what we must never forget.

Mr WILLCOX (Dawson) (12:20): I proudly support this motion put forward by my friend the member for Herbert to criminalise the burning and/or desecration of the Australian flag. I was keen for the opportunity to speak to this motion because this act can only be seen as one thing: a disgraceful and abhorrent criminal act. Our Australian flag is not just a piece of fabric; it's an enduring symbol of who we are. It represents our shared history, our sacrifices and the freedoms earned through generations of courage and service.

Our ADF wear our flag on their shoulders. They have fought under the blanket of our flag, and its draped on the coffins of the dead. To desecrate our flag is deplorable and to dishonour service men and women who have made the ultimate sacrifice for our nation. It's disgraceful. Our veterans fought for the rights of Australians to freely express themselves, but they did not fight to enable protesters to defile our Australian national flag.

As the federal member for Dawson, I make a point to include a supply of flags in my budget, and one of my favourite tasks is presenting an upstanding community member with an Australian flag. It makes me so happy to see, in that moment of handover, genuine pride smiling back at me.

Just last week, I had the privilege of attending my primary school's 160th birthday celebration. This brought back memories of each student parade and how we would say, 'I love my country and I honour the flag.' This is a state school. This should be compulsory in all schools.

Sadly, in recent times, our national flag has come under attack, and with it there's been an attack on our country and what it means to be Australian. More and more frequently, the streets of our major cities have been overrun by extremists' flags and hate filled chants, while the burning of our national flag has been cheered. Despite what we are being told, these are not peaceful protests. These are demonstrations of division and contempt and are worryingly disdainful of the values we hold as Australians. I find this deeply disturbing.

Under this Albanese Labor government, it seems we have become a country that's too afraid to be proud of our flag and who we are. Is it any wonder when we have a prime minister who doesn't proudly fly the flag but hides it? As a country, we must be strong, stand up to this behaviour and say: 'Enough! No more!'

Yesterday, there were peaceful rallies right across our nation, where thousands came together to say, 'We are proud to be Australians and we are proud to fly our flag.' Sadly, at the very same time, there was more burning of our flag by extremists. Recently, at one of those extremist rallies, a lone man emerged with an Australian flag, holding it up with pride against the wave of angry voices. The result was the man was swarmed by protesters and punched in the side of the head before being escorted away by police. Honestly, how is it that someone adorned in a national flag is carted away by the cops, yet our prime minister and government turn a blind eye to our national flag being burnt? This is an absolute disgrace. I honestly cannot believe what I've been witnessing. To burn our flag is to fuel hate of our country and incite future attacks.

If those who carry out these acts of violence are not Australian citizens, they must be removed from our shores. They must be sent back to their country. If they are dual citizens, strip them of their Australian citizenship and deport them, too. If they're Aussies, how can they call themselves Aussies or Australian if they're part of this campaign? That is completely beyond my comprehension. Lock them up, throw them in jail and throw away the key. No-one has the right to desecrate a flag, let alone our national flag. We must honour our soldiers who fought and died under our flag. Our Australian flag is a symbol of what it is to be Australian. I fully support this motion to criminalise the destruction or desecration of the Australian national flag, and I thank the member for Herbert, the honourable Phil Thompson, a returned serviceman himself, for bringing this very important motion. Australia salutes you, sir.

Mr FRENCH (Moore) (12:25): I rise today as the member for Moore, a proud and diverse community of tradespeople, young families, health workers, professionals and retirees. For many of them, our freedoms are valued just as deeply as the flag that represents them. But this motion is nothing more than a flag-waving stunt from those opposite. It offers nothing. It offers no legislative substance. It is just another opportunity for the coalition to play culture wars while pretending to defend the national interest.

Let me be absolutely clear: the government deplores the burning or desecration of the Australian flag. So do the overwhelming majority of Australians. It is offensive, it is disrespectful and it runs against the grain of what our community expects. But what's even more offensive is the hypocrisy of the coalition in trying to make political mileage out of this. This is the same coalition that wrapped itself in the flag while cutting services to veterans and attacking multicultural communities. Now they want to criminalise protest, but only the kind of protest they disagree with. It's the oldest trick in the book: pretend to defend freedom while quietly undermining it.

Let's be clear: the Australian flag deserves respect. It flies over our parliament, our embassies, our schools and our RSLs. It is worn by the men and women of the ADF and laid on the coffins of our fallen. But it is not fragile. It does not need to be protected from every offensive act with criminal punishment. I've seen what that flag means. My brother Joe wears it on his shoulder as a serving member of the Royal Australian Navy. I've seen it fly on the back of his ship, proud, powerful and purposeful. Just last month, I visited the cadets at TS Marmion in Hillarys. These young people represent the flag with discipline and respect, not because of legislation but because they understand its meaning.

The government recognises that Australians know the difference between protest and patriotism. We trust their judgement, and we trust the law as it stands. Desecration of the flag can already be dealt with under existing criminal laws where property is damaged or public order is disturbed. Police already have the power to act under state and territory law. In cases where terrorist symbols or organisations are involved, Commonwealth law applies. The Criminal Code contains serious offences for persons who support fund, train with or associate with listed terrorist organisations. We don't need symbolic legislation. We already have enforceable laws.

So what is this motion really about? It's not about legal reform. It's not about community safety. It's about political theatre. It's about those opposite trying to look tough while offering nothing: no investment in education and no plan to build social cohesion—just another divisive headline to feed the evening news cycle. The 1953 Flags Act has never criminalised desecration—not under Labor and not under the coalition. That's because every government until now has understood that democracy means protecting freedom of expression even when it offends. The government finds flag burning repugnant, but we will not sacrifice fundamental democratic rights for the sake of a press release. We will not pretend that more criminal law is the answer to cultural frustration. We are a liberal democracy. That means we tolerate peaceful dissent even when we disagree with the method. The moment we start criminalising lawful political expression simply because it offends us, we risk losing sight of the very freedoms we claim to defend.

Let me be clear: this government takes action when it matters. We enforce the law, we prosecute actual crimes, we do the work. The opposition stage hollow debates to distract from their own policy vacuum. They are not a party of principle; they are a party of slogans. If they truly cared about national unity, they'd support measures to bring Australians together, not punish them into silence. The Australian flag is not strengthened by legislation like this. It is strengthened by the way we live our values—freedom, fairness and respect for the rule of law. I say this not as a parliamentarian but as someone who owes their life to the public health system. As a kidney transplant recipient, I've seen firsthand what national service and public care mean to real people. Those values are the ones our flag represents.

I oppose this motion and invite members of the house to treat the flag and the freedoms it represents with more seriousness than those opposite have done today. Thank you.