CANBERRA — Federal Opposition Leader Angus Taylor has proposed two separate new federal criminal offences targeting flag desecration and the vandalism of war memorials, as part of a policy he says is necessary to protect Australia’s national heritage.
Under the Coalition’s proposal, serious public desecration of the Australian flag would carry a maximum penalty of 12 months in prison, while deliberately damaging, defacing, desecrating or destroying war memorials and other significant monuments would carry a far steeper maximum penalty of 10 years in prison.
Speaking on Sunday, Taylor rejected suggestions that the policy is a political maneuver designed to claw back voters from Pauline Hanson’s One Nation, which has long championed similar measures. He also firmly ruled out any prospect of the Coalition forming a partnership with the populist minor party.
Two Separate Penalties: Flag Desecration vs War Memorial Vandalism
The Coalition’s proposal, expected to be introduced as an Australian National Symbols and Heritage Protection Bill, treats flag desecration and memorial vandalism as distinct offences with markedly different penalties.
Serious public desecration of the Australian flag would be criminalised where a person acts recklessly as to whether their conduct could incite hatred or violence, threaten public order or cause a public disturbance — carrying a maximum sentence of up to 12 months in prison.
Separately, a new federal offence would apply to anyone who deliberately damages, defaces, desecrates or destroys war memorials or other significant monuments commemorating Australia’s history — such as statues of Captain Cook — carrying a far more severe maximum penalty of up to 10 years in prison.
Taylor described such conduct as “completely unacceptable.”
“We need to stand up for Australia — that’s what’s prompted it,” Taylor told News24’s Sunday Agenda program.
While acknowledging that Australia is “not beyond criticism,” the Opposition Leader described it as “the greatest country on earth.” He argued that imprisonment “is I think an appropriate penalty for someone who is undermining our history, our heritage.”
Taylor also said Australians remained free to criticise their country. “People are welcome to make political statements on Australia, and they can criticise Australia all they like, but burning the flag goes a step further,” he said.
No Single National Ban Currently Exists
There is currently no general federal offence specifically banning the burning or desecration of the Australian national flag. Instead, any criminal offences relating to defacement of the flag or war memorials are currently implemented under a patchwork of state and territory laws, each carrying different penalties.
The Coalition’s proposal would mark at least the eighth federal attempt in Australia’s history to make flag burning illegal, with all previous attempts having failed to pass. Concerns have also previously been raised about whether such a measure would withstand a constitutional challenge, given flag burning has traditionally been treated as a form of political expression.
A Departure from John Howard’s 2006 Position
The proposal marks a departure from the position taken by former Liberal prime minister John Howard in 2006, rather than a broader shift in longstanding party policy.
Howard rejected calls at the time to criminalise flag burning, arguing that the act — while deeply offensive to most Australians — constituted “an expression of political opinion.”
“I don’t think we achieve anything by making it a criminal offence, we only turn yahoo behaviour into martyrdom,” Howard said, arguing that criminalisation “would not engender greater respect for the Australian flag.”
In contrast, Taylor argued that the political climate has changed, stating that his proposal is focused on restoring trust with voters.
“What I make of the situation right now is we’ve got to re-establish trust with the Australian people,” Taylor said, adding that many voters “want us to go back to those core Liberal and National Party values that they believe in.”
The One Nation Factor
One Nation has long supported stronger laws against the desecration of the Australian flag, making the Coalition’s proposal politically significant at a time when the minor party’s support has surged, with One Nation polling above the Coalition in recent surveys.
Senator Pauline Hanson has previously called for criminal penalties for flag burning, with a One Nation petition on the issue attracting roughly 50,000 signatures last year. Hanson has argued that a ban would ensure the national flag receives the reverence it deserves.
Despite this overlap, Taylor insisted his proposal was motivated by national interest rather than minor-party polling numbers, and denied it was aimed at warding off the threat from One Nation. “We are about protecting our way of life and fixing the economy. And if we’re going to protect our way of life, we need to stand up for Australia,” he said. When asked directly if there was any scenario in which the Coalition would team up with One Nation, Taylor gave a one-word response: “No.”
Shadow Attorney-General Michaelia Cash has also backed stronger protections for national symbols.
The government has pushed back on the policy. Assistant Foreign Affairs Minister Matt Thistlethwaite said the proposal was unnecessary, noting there have been several similar attempts over the past 30 years, and warning it “may impinge on Australians’ freedom of expression and their freedom of speech.”
Australia Day Also Part of the Package
The Coalition’s proposal extends beyond flag and memorial protections. It would also enshrine January 26 as Australia’s national day in law, meaning any future change to the date of national day celebrations would require a national plebiscite.
Internal Support and Parting Advice
The proposal has received strong backing from within the Coalition. Opposition Home Affairs spokesman Jonathon Duniam supported the policy, contrasting Australia’s civic displays with those of the United States.
“We’re not like that in Australia and I don’t see enough pride,” Duniam told the ABC following a recent trip to the US. “And I think that actually protecting emblems that signify what is great about our country is not a bad thing.”
Duniam, who is scheduled to retire from politics before the end of the year to spend time with his young family, offered parting advice to his Coalition colleagues regarding minor parties. He urged colleagues against “waving the white flag” and saying they “should work with others to try and get across the finish line.”
“The job of every Liberal MP and every National MP is to go out and ask for a number one vote for the party we are a part of because we have the best plans,” Duniam said. “Let’s fight for what we believe in and people will come with us on that journey and vote for us.”
