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1 Vagrants, Gaming and Other Offences (Flag Protection) Amendment Bill 2003 VAGRANTS, GAMING AND OTHER OFFENCES (FLAG PROTECTION) AMENDMENT BILL 2003 EXPLANATORY NOTES Title of the Bill Vagrants, Gaming and Other Offences (Flag Protection) Amendment Bill 2003. Objectives of the Bill This bill will amend the Vagrants, Gaming and Other Offences Act 1931 to provide protection for our State and National flags. Reasons for the objectives and how they will be achieved Members of the general public have expressed concern that vision taken during demonstrations causes great distress to them when protestors slash, burn or otherwise destroy our flag symbols. This bill proposes to protect those two important symbols of this State and this Nation from desecration. Administrative Costs Cost to Government for implementation - Nil. As this will become an offence, Police will administer the provisions through existing budget allocations. Consistency with Fundamental Legislative Principles It may be argued that this provision removes a fundamental freedom. The bill does not remove the right to peaceful protest. It removes one aspect of protest (the desecration of State or National flags) but does nothing else to undermine the right to march or protest.
2 Vagrants, Gaming and Other Offences (Flag Protection) Amendment Bill 2003 Consultation Members of the community. NOTES ON CLAUSES Clause 1 sets our the short title of the Act. Clause 2 provides that the Act commences on a day to be fixed by proclamation. Clause 3 states that the Vagrants, Gaming and Other Offences Act 1931 is amended. Clause 4 amends Section 35A of the Vagrants, Gaming and Other Offences Act 1931 to make it an offence to intentionally burn, slash or otherwise damage or destroy the flag of a State or the Commonwealth in a public place. The clause allows however for the private destruction of a damaged aged or tattered flag prior to its disposal.