An Act to amend the Summary Offences Act 2005 for particular purposesThe Parliament of Queensland enacts—1Short titleThis Act may be cited as the Summary Offences (Protection of the Australian Flag) Amendment Act 2026.2Act amendedThis Act amends the Summary Offences Act 2005.3Insertion of new pt 2 div 1CPart 2—insert—Division 1COffence of burning Australian flag10FDefinitions for divisionIn this division—Australian flag—

(a)means the Australian National flag; and

(b)includes a flag that incorporates the Union Jack, Commonwealth Star and Southern Cross in a layout similar to that of the Australian National flag, regardless of any variation of colours, sizes or styles used in the Australian National flag.

Australian National flag means the Australian National Flag under the Flags Act 1953 (Cwlth).Commonwealth Star means Commonwealth Star as described in the Flags Act 1953 (Cwlth), schedule 1, table A.Southern Cross means the Stars of the Southern Cross as described in the Flags Act 1953 (Cwlth), schedule 1, table B.10GObjects of divisionThe objects of this division are—

(a)to protect the Australian National flag as a national symbol of shared civic significance; and

(b)to stop agitators burning an Australian flag to provoke public disorder, intimidate persons or cause significant offence to the community.

10HBurning Australian flag(1)A person must not, in a public place, burn an Australian flag in a way that a reasonable person would consider likely to provoke public disorder, intimidate any person or cause significant offence to members of the community.Maximum penalty—40 penalty units or 6 months imprisonment.(2)Without limiting subsection (1), in considering whether a person burns an Australian flag in a way mentioned in that subsection, regard may be had to the person doing any of the following—

(a)unlawfully taking the flag from a person or place;

(b)defacing the flag;

(c)filming the burning of the flag;

(d)publishing images or video of the burning flag to a social media platform or online social network;

(e)cooperating with another person who does anything mentioned in paragraphs (a) to (d).