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THE FLAG OF
AUSTRALIA
OUR
FLAG - THE POEM
THE DESIGN OF THE AUSTRALIAN FLAG
THE HISTORY OF THE AUSTRALIAN
FLAG
FLAGS BEFORE FEDERATION
THE FLAGS AMENDMENT BILL 1998
FLAG TRIVIA
OUR FLAG - THE POEM
Our Flag wears the stars that blaze
at night,
In our Southern skies of blue,
And a little old flag in the corner,
That’s part of our heritage too.
It’s for the English, the Scots and
the Irish,
Who were sent to the ends of the earth,
The rogues and schemers, the doers and dreamers,
Who gave modern Australia its birth.
And you, who are shouting to change
it,
You don’t seem to understand,
It’s the flag of our laws and our language,
Not the flag of a faraway land.
Though there are plenty of people
who'll tell you,
How when Europe was plunged into night,
That little old flag in the corner,
Was their symbol of freedom and light.
It doesn’t mean we owe allegiance,
To a forgotten imperial dream,
We’ve the stars to show where we’re going,
And the old flag to show where we’ve been.
It’s only an old piece of bunting,
It’s only an old piece of rag,
But there are thousands who’ve died for its honour,
And shed of their blood for OUR FLAG.
 THE
DESIGN OF THE AUSTRALIAN FLAG
The Australian flag is composed of three parts:
* The Union Jack (British flag) in the top left corner,
* The 'Star of Federation' in the bottom left corner, and
* The Southern Cross, taking up the right half of the flag.
The Union Jack shows that the first colonisation by Europeans
was by Britain. In case you didn't know, Australia started as a penal colony.
The Star of Federation is a seven pointed star. They came to the number seven,
by giving each state (six in all) a point on the star, and having one more point
for Australia's territories (of which there are several). There are two mainland
territories, and several overseas, including two in Antarctica. The Southern
Cross is a constellation that can be seen from all of Australia's states and
territories.
All the stars have an inner diameter (circle on which the
inner corners rest) of 4/9 the outer diameter (circle of outer corners), even
the 5-point star. The positions of the stars are as follows:
* commonwealth star - centred in lower hoist,
* alpha - straight below centre fly 1/6 up from bottom edge,
* beta - 1/4 of the way left and 1/16 up from the centre fly,
* gamma - straight above centre fly 1/6 down from top edge,
* delta - 2/9 of the way right and 31/240 up from the centre
fly,
* epsilon - 1/10 of the way right and 1/24 down from the
centre fly.
The positions of alpha-epsilon are given with respect to the
centre of the square fly, and distances in terms of hoist width of the flag.
THE
HISTORY OF THE AUSTRALIAN FLAG
(taken from www.australianflag.org.au)
Following Federation as a new nation (the Commonwealth of
Australia) on 1st January, 1901 the Commonwealth Government announced a Federal
Flag design competition on 29th April, 1901. The review of Review for
Australiasia, a Melbourne journal, had initiated an Australian flag competition
in 1900, a unique event at the time. It was agreed that the entries received by
this journal would be accepted in the Government’s competition. The contest
attracted 32,823 entries from men, women and children. An expert panel of judges
assessed the entries using guidelines which included history, heraldry,
distinctiveness, utility and cost of manufacture, On 3rd September, 1901, a
public ceremony was held at the Royal Exhibition Building, Melbourne, where Lady
Hopetoun, wife of the Governor-General, opened a display of the entries in the
competition. The Prime Minister of Australia, Sir Edmund Barton, announced that
five entrants, who had submitted similar designs, were to share the honour of
being declared the designers of Australia’s own flag. They were: Ivor Evans, a
fourteen-year-old schoolboy from Melbourne; Leslie John Hawkins, a teenager
apprenticed to a Sydney optician; Egbert John Nuttall, a Melbourne architect;
Annie Dorrington, an artist from Perth; and William Stevens, a ship’s officer
from Auckland, New Zealand. The Commonwealth Government and the Review of
Reviews for Australasia provided £75 each and the Havelock Tobacco Company added
£50 to this making a total of £200 prize money, a considerable amount at the
time. The five winners received £40 each.
The Australian National Flag features the five stars of the
constellation of the Southern Cross and the Commonwealth Star, and the combined
crosses of St George, St Andrew and St Patrick. The union of crosses represents
Australia’s early settlers. The Commonwealth Star with its seven points
represents the unity of the six Australian states and the seventh point stands
for all Australian Territories. Under the Flags Act of 1953, passed unanimously
by parliament, it was confirmed that our "Stars and Crosses" design be the chief
national symbol by law, custom and tradition and that it be honoured with the
title "Australian National Flag". The new status of the national flag was
emphasized when the act of parliament received royal assent from Queen Elizabeth
II, on Her Majesty’s visit to Australia in 1954. The Australian rules of flag
etiquette are designed to ensure that the national flag is displayed with the
dignity befitting its status.
The Australian National Flag identifies a free and democratic
people in a nation united in purpose. Our national flag belongs equally to all
Australians whatever their origins. Each of the symbols on the flag has a
special meaning for Australians. The stars of the Southern Cross represent our
geographic position in the Southern Hemisphere; the Commonwealth star stands for
our federation of States and Territories; the Crosses represent the principles
on which our nation is based, namely, parliamentary democracy, rule of law and
freedom of speech.
In 1996 the Governor-General, Sir William Deane, proclaimed
3rd September as Australian National Flag Day, to commemorate the day in 1901 on
which our national flag of "Stars and Crosses" was first flown. It is the right
and privilege of every Australian to fly the Australian National Flag.
Flags
before Federation
Prior to Federation on 1 January
1901, the official flag of the Australian Colonies was the flag of Great Britain
the 'Union Jack'. However, the British colonial Naval Defence Act 1865
authorised the establishment of naval defence forces by the colonies and
specified that such naval vessels should fly a Blue ensign with 'the seal or
badge of the colony in the fly thereof'. Such flags were designed and adopted by
the colonies. The flags of the Australian colonies date from 1876 (New South
Wales and Queensland), 1877 (Victoria) and 1895 (Tasmania and Western
Australia). South Australia did not adopt a flag until 1904. Over time, use of
these flags was extended beyond mere display on naval vessels.
THE FOLLOWING HAS BEEN TAKEN FROM THE
AUSTRALIAN PARLIAMENTARY LIBRARY WEB-SITE
Bills Digest 18 1996-97
Flags Amendment Bill 1996 (changed to 1998)
WARNING:
This Digest is prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments.
This Digest was available
from 14 August 1996.
CONTENTS
Flags Amendment Bill
1996
Date Introduced:
26 June 1996
House: House of Representatives
Portfolio: Administrative Services
Commencement: On Royal Assent
The Bill seeks to amend
the Flags Act 1953 (Cwlth) by providing that the present
Australian National Flag can only be replaced if a majority of State and
Territory electors qualified to vote for the House of Representatives
agree. There is no added requirement for a majority of States to support
such a replacement as is required for an amendment to the Commonwealth
Constitution.(1)
On 25 April 1996, the
Prime Minister said:
The new Federal
Government is to take action, as promised, to protect our great national
symbol, the Australian Flag.
Legislation will be
introduced early in the life of the new Parliament ... to ensure that
the Australian Flag cannot be changed without the approval of all of the
Australian people voting at a referendum or plebiscite.
This will mean that no
politician, no political party and no special interest group will be
able to tamper with the design of our flag.(2)
When the Prime Minister
announced that legislation would be introduced to require that the
Australian National Flag could only be changed by a popular vote, it was
reported that both the Opposition and the Democrats would support the
move.(3)
What is the Australian
National Flag?
The Australian National
Flag is also known as the blue ensign. It features the Union Jack, the
Federation star(4), and the Southern Cross on a dark blue background.
The history of the
Australian National Flag
Before Federation, the
Australian colonies flew the Union Jack and other British flags.
However, in 1901 the Commonwealth Government held a competition to
design two flags - one for official and naval purposes and the other for
merchant ships. Almost 33,000 entries from around the world were
received. The 200 pound prize money was divided among five entrants who
had submitted similar designs. In 1902 Edward VII approved the designs.
Today's Australian
National Flag is based on the design of the blue ensign. The flag
selected to be the official and naval flag contained the Union Jack, a
Federation star and the Southern Cross on a blue background. This flag
became known as the blue ensign. The design selected for use by the
merchant navy was known as the red ensign and was identical except for
the red background colour of the flag.(5)
The blue and red ensigns
were gazetted in 1903. During the next five decades, there appears to
have been little consensus about when the two ensigns should be used.
Sometimes the red ensign was flown on land, sometimes the Union Jack was
used in official ceremonies.
The Flags Act 1953
With the passage of the
Flags Act 1953, the Commonwealth blue ensign became the
Australian National Flag.(6) Until the passage of this Act, no
legislative action had ever been taken to set down the precise form of
the blue ensign or the circumstances in which it should be used.
Introducing the Flags Bill 1953, Prime Minister Menzies said:
The bill is very largely
a formal measure which puts into legislative form what has become almost
the established practice in Australia.(7)
Section 3 of the Flags
Act 1953 provides that the blue flag described in Schedule 1 and
reproduced in Part I Schedule 2 of the Act is the Australian National
Flag.
Under section 4 of the
Flags Act 1953, the red flag described in Schedule 1 and reproduced
in Part II of Schedule 2 is to be known as the Australian Red Ensign.(8)
The Flags Act 1953 also contains a provision stating that 'This
Act does not affect the right or privilege of a person to fly the Union
Jack.'(9)
Are there other official
Australian flags?
The answer to this
question is 'yes.' In 1967, the Australian White Ensign was proclaimed
by the Governor-General to be the ensign of the Royal Australian Navy
and in 1982, the Royal Australian Air Force Ensign was proclaimed by the
Governor-General to be the RAAF ensign. In 1995, the Governor-General
proclaimed the Aboriginal Flag and the Torres Strait Islander Flag as
flags of the Aboriginal and Torres Strait Islander peoples and flags of
significance to the Australian nation generally. These proclamations
were made under section 5 of the Flags Act 1953. Section 5
provides that the Governor-General may, by Proclamation, appoint 'such
other flags and ensigns of Australia as he thinks fit.'
Not all flags in
Australia are established under the Flags Act 1953. In 1995, the
Commonwealth Government estimated that there were over twenty other
official flags. Official flags may be established in a number of ways
including by Commonwealth, State or Territory legislation, by
legislative instrument, by proclamation or by the use of the Royal
Prerogative. These official flags include the Customs Flag, the Civil
Air Ensign, the Norfolk Island Flag, the Flags of the States and the
State Governors, the Flags of the Northern Territory and the ACT, the
Governor-General's Flag and the Queen's Personal Flag.
What flag was flown
during the First and Second World Wars?
When the question of a
new Australian flag is debated, it is sometimes said that the Australian
National Flag should not be changed because Australians fought and died
under it in two World Wars. This is only part of the story: 'On the
battlefronts, Australian servicemen would as often see the Union Jack
and the flags of the Allies as they would the Australian blue
ensign.'(10) In both World Wars, the RAAF fought under the British Royal
Air Force Flag.(11) In World War II, the RAN fought under the British
Navy Ensign with the Australian blue ensign at the bow as an additional
flag.(12) The Australian Army fought under Australian red and blue
ensigns and the Union Jack.
How can Australia's
National Flag be changed under the Flags Act at present?
Australia's National Flag
could be changed at present by amending or repealing section 3 of the
Flags Act 1953.
Have there been previous
attempts to entrench the Australian National Flag?
From 1984, the present
Government (then the Opposition) introduced a series of private member's
bills to entrench the Australian National Flag. None was passed by both
Houses of Parliament.(13) The first of these Bills was introduced in
1984. It sought, among other things, to provide that the Australian
National Flag could only be changed with the approval of a majority of
all electors and a majority of States. The history of referenda in
Australia under section 128 of the Constitution indicate that the double
majority requirement is almost impossible to meet.(14)
From 1988, private
members bills designed to entrench the Australian National Flag provided
that a proposal to change the flag need only be approved by a majority
of electors. The most recent attempt was in 1994, when a Private
Senator's Bill was introduced into the Senate, the purpose of which was
to require a successful referendum to precede any alteration to the
Australian National Flag. This bill also provided that the appointment
of other flags and ensigns would be subject to disallowance by either
House of Parliament.
Public Opinion and the
Australian National Flag
An AGB McNair Poll taken
on 26-28 June 1996 asked 2057 voters whether they thought the Australian
flag should be changed. Sixty-six per cent said "no", 27 per cent said
"yes' and 7 per cent did not know.(15) Public opinion has fluctuated on
this issue, often depending on the way questions are asked and the
climate in which they are asked. AGB McNair polls taken in 1984 revealed
that 61 per cent of those interviewed wished to retain the existing
flag, compared with 66 per cent in 1985 and 46 per cent in 1995. Opinion
polls taken by Morgan and Time Morgan showed that in 1979 and 1982, 63
per cent of respondents wished to retain the existing flag, compared
with 55 per cent in 1984 and 52 per cent in 1992. For the same years,
the percentage of respondents who favoured a new flag were 27 per cent,
32 per cent, 39 per cent and 42 per cent respectively.(16)
What is the effect of
the Flags Amendment Bill 1996?
The Bill attempts to
entrench the Australian National Flag so that it cannot be changed
except by a vote of a majority of State and Territory electors. However,
the principle of Parliamentary sovereignty means that the proposed
amendments could be repealed or replaced in the normal way by the
Parliament. Additionally, a future Parliament might legislate to replace
the Australian National Flag without first repealing the amendments made
by this Bill. In the latter case, a constitutional challenge might
result.
If enacted, the Flags
Amendment Bill 1996 could not legally bind a future Parliament. Of
course, other considerations - in particular, a concern about repealing
a measure mandating consultation with the people and the need to secure
majorities in both Houses - may make it extremely unlikely that
Parliament would repeal new subsections 3(2),(3) and (4).
Are the proposed
amendments unconstitutional?
Section 1 of chapter 1 of
the Commonwealth Constitution provides that:
The legislative power of
the Commonwealth shall be vested in a Federal Parliament, which shall
consist of the Queen, a Senate, and a House of Representatives, and
which is herein-after called "The Parliament," or "The Parliament of the
Commonwealth."
It is arguable that the
Flags Amendment Bill 1996 is unconstitutional because it seeks to invest
legislative power in the people - who are not recognised as part of the
legislative arm of the Commonwealth in the Constitution.(17)
Given a plaintiff with
the requisite standing, the legislation could be challenged in the High
Court.
It is also arguable that
the proposed legislation is not unconstitutional on the basis that it is
not an attempt to constitute a new legislative body comprising the
Queen, the Senate, the House of Representatives and the electors but is
only a limited delegation of legislative power by the Parliament to this
alternative legislature.(18)
Item 1 of Schedule 1
inserts a number of new subsections into the Flags Act 1953.
New subsection 3(2) provides that the present Australian National
Flag shall only cease to be the National Flag if a majority of electors
in the States and Territories, are given a choice between the present
National Flag and a new flag or flags and they choose a new flag.
New subsection 3(3)
provides that the way in which a proposal for a referendum on the flag
is put to the electors will be determined by the Parliament.
Remarks
If the Bill is passed
then a future Parliament could repeal the legislation or even perhaps
merely ignore it and so avoid the requirement to hold a referendum
before changing the Australian National Flag. |
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Section 128, Constitution.
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'Anzac
Day,' John Howard, MP Press Release, 25 April 1996.
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'Tripartite support for flag law,' Canberra Times, 26 April
1996.
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The
Federation Star is a seven-pointed star. The points of the star
represent the States and the Territories.
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Department of Administrative Services, Australian Flags, AGPS,
Canberra, 1995.
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Section 1.
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Parliamentary Debates (Hansard) House of
Representatives, Flags Bill 1953, 20 November 1953, p.367.
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The
Australian Red Ensign is the proper flag for merchant shipping.
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Section 8.
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Department of Administrative Services, op.cit, p.12.
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See
Foley, CA The Australian Flag. Colonial Relic or Contemporary
Icon? Federation Press, Sydney, 1996; Department of
Administrative Services, op.cit.
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Department of Administrative Services, op.cit.
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The
1985, 1987 and 1990 Bills were passed by the Senate but not debated
by the House of Representatives.
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Of 42
referenda proposals put to the Australian people since Federation,
only eight have been successful.
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'Poll
finds strong support for keeping the flag', The Age
[Melbourne], 5 July 1996.
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Foley,
op.cit.
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See,
for example, `Lawyers question Howard flag plan,' The Australian,
26 April 1996.
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See
Foley, op.cit; Winterton, G `Can the Commonwealth Parliament enact
manner and form legislation,' Federal Law Review, vol. 11,
1980, pp.167-202.
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See
Bennett, B; Twomey, A & Ireland, I Flags Amendment Bill 1994
(Private Senator's Bill), Bills Digest No. 111/1994, 20 June
1994.
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'No
flag change without a vote,' The Age [Melbourne], 25 April
1996; 'Unfurling a new image,' The Age [Melbourne], 3 May
1996..
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Flag
trivia
* The number of points on the stars of the Southern Cross on
today's Australian flag differs from the original competition-winning design in
that the stars varied between five and nine, reflecting the relative brightness
of each in the night sky. The British Admiralty standardised the Southern Cross
by giving the four biggest stars seven points and five for the faintest Epsilon
Crucis. This change was made ostensibilty to improve the ease of manufacture.
* Australia's national flag is one of only two in the world
to feature a seven-pointed star. The other is that of Jordan.
* The Flags Act 1953 originally contained a serious drafting
error in Table A. 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. This historical document is also of
interest because it was personally signed by Queen Elizabeth II during her visit
to Australia in 1954. The act was amended to correct the error in 1954.
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