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2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No. , 2005 Mr M D Ferguson A Bill for an Act to amend the Flags Act 1953 to enable the flying of the Australian National Flag in a heritage place without unnecessary encumbranceContents 1 Short title.......................................................................................1 2 Commencement .............................................................................1 3 Schedule(s)....................................................................................2 Schedule 1--Amendment of the Flags Act 1953 3 i Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No. , 2005
1 A Bill for an Act to amend the Flags Act 1953 to 2 enable the flying of the Australian National Flag in 3 a heritage place without unnecessary encumbrance 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Flags Amendment (Flying the 7 Australian National Flag in a Heritage Place) Act 2005. 8 2 Commencement 9 This Act commences on the day on which it receives the Royal 10 Assent. Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No. , 2005 1
1 3 Schedule(s) 2 Each Act that is specified in a Schedule to this Act is amended or 3 repealed as set out in the applicable items in the Schedule 4 concerned, and any other item in a Schedule to this Act has effect 5 according to its terms. 2 Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No. , 2005
1 2 Schedule 1--Amendment of the Flags Act 3 1953 4 1 After section 7 5 Insert: 6 7A Flying of the Australian National Flag in a heritage place 7 (1) A person is entitled to erect a flagpole for the purpose of flying the 8 Australian National Flag, on land which the person owns or leases. 9 (2) This section does not apply if there is a law of a State or of a 10 Territory, other than State or Territory heritage legislation, which 11 would require a person to obtain permission for, or would 12 otherwise prevent, the erection of a flagpole. 13 (3) This section applies despite anything in State or Territory heritage 14 legislation which would require a person to obtain permission for, 15 or would otherwise prevent, the erection of a flagpole. 16 (4) In this section: 17 conservation order means a conservation order in force under 18 State or Territory heritage legislation 19 heritage place includes a building and land associated with the 20 building, under single title and ownership, which is listed in a 21 heritage register or subject to: 22 (a) a conservation order; or 23 (b) an interim conservation order; or 24 (c) an interim heritage order; or 25 (d) an interim protection order; or 26 (e) provisional registration. 27 heritage register means a heritage register under State or Territory 28 heritage legislation 29 interim conservation order means an interim conservation order in 30 force under State or Territory heritage legislation Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No. , 2005 3
1 interim heritage order means an interim heritage order in force 2 under State or Territory heritage legislation 3 interim protection order means an interim protection order in force 4 under State or Territory heritage legislation 5 provisional registration means provisional registration under State 6 or Territory heritage legislation 7 State or Territory Heritage legislation means a law of a State or 8 Territory which provides for the protection and conservation of 9 places and objects of cultural heritage significance and the 10 registration of such places and objects. 4 Flags Amendment (Flying the Australian National Flag in a Heritage Place) Bill 2005 No. , 2005