Flags Act 1953

The Flags Act 1953 is an act of the Parliament of Australia which defines the official Flag of Australia. Queen Elizabeth II gave Royal Assent on 14 February 1954 after opening the Commonwealth Parliament during her 1954 Royal Tour. It was the first of the few Commonwealth Statutes enacted by the reigning Monarch.

Flags Act 1953

The legislation specifies the colours and construction details for the Australian National Flag and the Australian Red Ensign (also known as the Australian Merchant Flag). Sections 5 & 6 confer statutory powers on the Governor-General to appoint 'flags and ensigns of Australia', and authorise warrants and make rules as to use of flags. Section 8 ensures that the 'right or privilege' of a person to fly the Union Jack is not affected by the Act.

The Act originally contained a serious drafting error in Table A of the Act. The outer diameter of the Commonwealth Star was recorded as being three-eighths of the width of the flag, instead of the true value of three-tenths of the width of the flag. The Act was amended to correct the error in 1954.