Fraser Anning (Queensland, Independent) Share this | Link to this | Hansard source

I seek leave to amend general business notice of motion No. 776, standing in my name for today, relating to the Australian flag.

Scott Ryan (President) Share this | Link to this | Hansard source

Was it to remove clause (c), Senator Anning?

Fraser Anning (Queensland, Independent) Share this | Link to this | Hansard source

Yes, that's correct.

Leave granted.

I move the motion as amended:

That the Senate—

(a) notes that:

  (i) good men and women have fought and died to protect the Australian flag,

  (ii) our flag represents our nation and our values and is bound with our history and heritage,

  (iii) in the lead-up to ANZAC Day, it is important that we seek to protect and defend the Australian flag against the actions of those that attack our history and tradition, and

  (iv) radical actions have been seen at past Australia Day and ANZAC Day ceremonies, and that these are completely disrespectful and un-Australian;

(b) expresses the opinion that it should be illegal to burn the Australian flag; and

(c) calls on the Government to legislate to create a criminal offence for a person to maliciously and intentionally burn, deface, destroy or trample the Australian flag.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

The coalition government proudly supports the Australian flag. It is a symbol of the values for which our country stands and a beacon of the freedoms and liberties for which countless brave Australians have fought. However, we do not support moves to criminalise burning or defacing our flag. The coalition has never supported criminalisation, a position held since the Howard government and supported by the then leaders of the Australian National Flag Association. Such a crime would only create an incentive for protesters to martyr themselves by inviting prosecution, giving them the attention they seek and legitimising their vile acts as a form of political protest. State and territory police can already arrest and charge flag burners under public order laws, including public nuisance and disturbing the peace. As such, we oppose parts (b) and (c) and would ask that the question on part (a) be put separately from the question on those parts.

Anthony Chisholm (Queensland, Australian Labor Party) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Anthony Chisholm (Queensland, Australian Labor Party) Share this | Link to this | Hansard source

The opposition will not be supporting this motion, not because we encourage or endorse burning the Australian flag but because we recognise the right of people to do so in a democracy. I note the following remarks on this subject:

… I see that kind of thing as just an expression, however offensive to the majority of the community—

that is, the Australian community—

an expression of political opinion. I don't think we achieve anything by making it a criminal offence, we only turn yahoo behaviour into martyrdom …

In a democracy, we do not make political expression a criminal offence, no matter that opinion. In fact, we do everything we can to protect people's right to express it. These words are from former Prime Minister John Howard, certainly no friend of Labor. Senator Anning would do well to reflect on them. Senator Anning could actually bring a bill into this place to give effect to his views, but he chooses not to. I look forward to those on the government benches, who purport to be defenders of freedom and liberty, joining with Labor to oppose this motion.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

The Australian Greens will not be supporting Senator Anning's motion. Senator Anning says that people have fought in wars to protect the flag. People fight in wars to preserve the rights we have in our democracy—that's what those wars are fought over. Those rights include the right of people to engage in peaceful protest, and, for some people, that may involve burning the flag, an action that should not be criminalised. For many people, the flag symbolises years of oppression. That's particularly true for First Nations people. In fact, Victorian Greens MP Lydia Thorpe, the first Aboriginal woman in the Victorian parliament, has stated that the Australian flag doesn't represent her. Many First Nations people see it as an ongoing symbol of oppression and genocide. How about having a genuine debate? Let's change the date we celebrate Australia Day, and let's change the flag while we're at it.

Scott Ryan (President) Share this | Link to this | Hansard source

To clarify: in the first instance I will be putting clause (a) of motion 776, following a request from a government senator. So the question is that clause (a) of motion 776 be agreed to.

Question agreed to.

I will now put clauses (b) and (d). Clause (d) has now been renamed as clause (c), because clause (c) as printed has been deleted. The question is that clause (b) and the new clause (c), formerly clause (d), of motion 776 be agreed to.

Question negatived.