[20][21][22] Under the proposed legislative and constitutional refinements, it is envisaged that the Flags Act would remain on the statute books to provide the construction sheet for the Australian National Flag, which would be described in terms of its essential elements in the constitution, thereby settling the question of popular sovereignty in relation to the process for reviewing the design – in whole or in part – with a weighty body of legal opinion against the constitutionality of the current statutory rules in subsections 3(2) and (3),[23][24] which provide for an instant-runoff for choosing between the existing flag and one or more alternatives, on the basis of universal suffrage.

As the device occupying the lower hoist is simply referred to as a "large white Commonwealth Star", the number of points on what is a well-recognised heraldic symbol in its own right[25] could be varied by ordinary legislation, according to changes in membership of the Australian Federation, and not by a plebiscite as currently required, which would remove what has been criticised as an "anomalous and costly" impediment.

[33] In 2013 the AFS announced a worldwide quest and $10,000 reward for information leading to the discovery of the Union Jack that was reportedly hoisted as a second flag at the battle of the Eureka Stockade.

[34] An Australian flag belonging to the 2nd/23rd battalion and flown at Lingkas beach during the battle of Tarakan was discovered after being featured on the promotional logo for the society's proposed Annual Pause for the National Salute.

[40] The version used by the AFS reads as follows: I fear God, I love my country, I honour her Queen, I salute her flag, I promise to always obey her laws.