Jail plan for flag-burners
By Simon Kearney
July 20, 2003
PROTESTERS who burn the Australian flag will face prison terms or fines under a Bill to be introduced into Federal Parliament next month.
Burning the Australian flag.
The proposed legislation specifies a maximum fine of $11,000 for flag-burning.
But the proposal has split the Coalition, with some hardline MPs pushing for prison terms, while others believe flag-burning should be permitted as part of free speech.
The chief backer of the proposal, West Australian Liberal MP Don Randall, says some colleagues may want to amend the laws to include jail terms.
"(South Australian Liberal MP) Trish Draper wants to bring in prison sentences," Mr Randall said.
He said the issue, prompted by a flag-burning incident in Perth, had sparked a massive public response.
"I've had more representations on this than Telstra and the Iraq war," he said.
Queensland Liberal MP and Minister for Citizenship Gary Hardgrave strongly backed the plan last night.
The argument that burning the flag was freedom of speech was "bunkum", he said.
"It's the key symbol of this nation and on the rare occasion when someone destroys our flag, it shows they are out to insult every Australian," he said.
"With freedom of speech comes responsibility and we would not have that freedom without those who have defended our country under the flag."
Mr Hardgrave said any sentence should be prescribed, rather than a maximum, to avoid it being watered down by the courts.
The proposal has divided the Coalition and Prime Minister John Howard will allow a conscience vote on the issue, which is expected to be debated in the spring session of Parliament.
Protections are included in the draft legislation, so that only deliberate flag-burning will be a criminal act.
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