No. 2, 1998

 

Preamble

 

 

An Act to amend the Flags Act 1953

[Assented to 24 March 1998]

The Parliament of Australia enacts:

 

 

Short title

 

1. This Act may be cited as the Flags Amendment Act 1998.

 

Commencement

 

2. This Act commences on the day on which it receives the Royal Assent.

 

Schedule(s)

 

3. Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

 

Schedule 1 - Amendment of the Flags Act 1953

 

1. At the end of section 3

Add:

 

(2) The blue flag referred to in subsection (1) ceases to be the Australian National Flag if, and only if:

(a) 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

 

(b) 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.