{"id":"F2008L00209","name":"Proclamation under the Flags Act 1953 (Australian Aboriginal Flag)","slug":"proclamation-under-the-flags-act-1953-australian-aboriginal-flag","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72411,"registerId":"commonwealth-F2008L00209-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Flags Act 1953 (Australian Aboriginal Flag)","content":"![](image.001.png)\n\nProclamation under the Flags Act 1953\n\nFlags Act 1953\n\nI, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and noting the fact that the flag reproduced in Schedule 1 and described in Schedule 2 is recognised as the flag of the Aboriginal peoples of Australia and a flag of significance to the Australian nation generally, appoint that flag, under section 5 of the Flags Act 1953, to be the flag of the Aboriginal peoples of Australia and to be known as the Australian Aboriginal Flag with effect from 1 January 2008.\n\nSigned and sealed with the  \nGreat Seal of Australia  \non 25 January 2008\n\nP. M. JEFFERY  \nGovernor‑General\n\nBy His Excellency’s Command\n\nJOHN FAULKNER\n\nCabinet Secretary\n\nSchedule 1 Australian Aboriginal Flag\n\n![](image.002.jpeg)\n\nSchedule 2 Description of Australian Aboriginal Flag\n\nThe Australian Aboriginal Flag is divided horizontally into halves, the upper half being black (symbolising the Aboriginal peoples) and the lower half being red (symbolising both the Australian soil and ochre, a substance used by Aboriginal peoples at their ceremonies). A yellow disk (symbolising the sun) is superimposed centrally on the black and red halves of the flag.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation performs exactly the function intended by section 5 of the Flags Act 1953: to formally appoint flags of significance to the Australian nation. It does not expand beyond this narrow, specific purpose."},"complexity_factors":["Single operative provision with straightforward declaratory language","No defined terms requiring interpretation","No cross-references to other legislation beyond the enabling section (section 5 of the Flags Act 1953)","No conditional logic, exceptions, or procedural requirements","Visual and descriptive schedules are simple and self-explanatory","Total length is approximately 200 words of substantive text"],"plain_english_summary":"This proclamation formally recognises the Australian Aboriginal Flag as an official Australian flag, giving it legal status under the Flags Act 1953 and specifying its black, red and yellow design. It affects all Australians—especially government bodies required to recognise and fly it—and Aboriginal communities, who gain formal national recognition of their symbol. The change matters because it moves the flag from widely used but unofficial status to equal standing with Australia’s other official flags."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation carries out its stated purpose: it appoints and names the Australian Aboriginal Flag and provides its visual and textual description (Schedules 1–2) with effect from 1 January 2008. It does not expand regulatory scope or alter other legal duties; it effects formal recognition only."},"complexity_factors":["Single declarative action: a one-off appointment under section 5 of the Flags Act 1953 (text: \"appoint that flag, under section 5...\").","Relatively short legal instrument with no new regulatory or enforcement provisions — it does not create offences, fees or licensing obligations.","Specification via two schedules: Schedule 1 supplies an image and Schedule 2 supplies a textual description of colours and symbols, which fixes the design to be recognised.","Fixed effective date (1 January 2008) and formal execution with Governor‑General signature and Great Seal, reflecting standard constitutional formality.","Decision-making traceable to the Governor‑General acting with the advice of the Federal Executive Council, indicating limited administrative discretion in this instrument."],"plain_english_summary":"This proclamation, made under section 5 of the Flags Act 1953, formally appoints the design reproduced in Schedules 1 and 2 as the Australian Aboriginal Flag, effective 1 January 2008. It names the flag, records it as representing the Aboriginal peoples of Australia and being of national significance, and supplies a visual and written description of its colours and symbols."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-flags-act-1953-australian-aboriginal-flag","history":"/api/acts/proclamation-under-the-flags-act-1953-australian-aboriginal-flag/history","analysis":"/api/acts/proclamation-under-the-flags-act-1953-australian-aboriginal-flag/analysis","conflicts":"/api/acts/proclamation-under-the-flags-act-1953-australian-aboriginal-flag/conflicts","importantCases":"/api/acts/proclamation-under-the-flags-act-1953-australian-aboriginal-flag/important-cases","documents":"/api/acts/proclamation-under-the-flags-act-1953-australian-aboriginal-flag/documents"}}