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Prohibition of flying or displaying Australian Defence flags

From 6 December 1988 the Defence Act 1903 Section 83 was amended so that the prohibition of the use of 'Defence emblems' was extended to 'Defence flags' (including ensigns and standards) of the Defence Force or an arm of the Defence Force. This makes it an offence for someone who is not a member of the Defence Force to fly or display a Defence flag without written permission. Although no particular flags are named or described in this Section, it includes the Defence ensigns appointed under Section 5 of the Flags Act 1953, and other Defence flags that are constituted through internal Australian Defence Force administrative processes. Section 83 of the Defence Act 1903 can be found here: http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/da190356/s83.html

Jeff Thomson, 5 August 2021

Many Defence flags and emblems are also subject to protection under the Trade Marks Act 1995. https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/tma1995121/

Some organisations that are not a part of the Australian Defence Force such as cadets, have flags or emblems that are related to those of the Defence Force. Their flags and emblems are protected under Section 83 of the Defence Act 1903 and the Trade Marks Act 1995. As well as these Commonwealth laws, there are international agreements protecting the flags and emblems.

The Trade Marks Act 1995 may also protect flags and emblems that do not come under the protection of the Defence Act 1903 Section 83. This includes the flags and emblems of community organisations aligned with the arms of the Defence Force.

The Defence Regulation 2016 protects from unauthorised use certain 'prohibited words' and 'prohibited letters' which are listed at sections 74 and 75 respectively. There are thirty prohibited words and nine prohibited letter groups. Most relate to the Defence Force or an arm of the Defence Force such as 'Royal Australian Navy' and 'RAN' for example. https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_reg/dr2016147/

Jeff Thomson, 5 September 2026

See also: