Legislative Council: Tuesday, September 16, 2025

Contents

Flag Burning

The Hon. F. PANGALLO (15:34): I seek leave to make a brief explanation for asking a question of the Attorney-General on flag burning.

Leave granted.

The Hon. F. PANGALLO: Last month, independent market research firm Dynata undertook polling of 1,009 Australians in a nationally representative sample, asking them if burning the Australian flag should be against the law.

Members interjecting:

The PRESIDENT: Order! The Hon. Mr Hunter!

The Hon. F. PANGALLO: Read the papers. Seventy-seven per cent of the surveyed Australians agree that it should be. While flag burning can be prosecuted under such laws as vandalism or property damage, there is currently no specific South Australian or federal law prohibiting this.

In March this year, the Legislative Council passed the Summary Offences (Terrorist Organisation Symbols) Amendment Bill 2024, a bill which I introduced. Within the bill section 35E states that any person who desecrates the national flag is guilty of an offence, with a maximum penalty of up to $10,000. However, the bill is currently sitting in the House of Assembly and hasn't moved in over half a year. My question to the Attorney-General is:

1. Why hasn't the government given the bill priority?

2. Does the government believe that burning a national flag is a disrespectful act that should be criminalised?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:35): I am not sure where things are up to in the other chamber, but particularly in relation to things the Hon. Frank Pangallo brings to this chamber, we are all going to have to treat them with a high level of scepticism in the future.

Members interjecting:

The PRESIDENT: Order!

The Hon. K.J. Maher interjecting:

The PRESIDENT: Attorney!