The move comes after months of debate surrounding a far right-wing political party’s plans to use the flag as its emblem.

Earlier this year, the anti-multiculturalism Australia First Party lodged its draft logo with the Australian Electoral Commission, sparking concern among Ballarat’s leaders.

Several options to protect the flag have been considered, including Trade Marks Act legislation, Copyright Act legislation or proclamation under the Flags Act 1953.

City of Ballarat has deemed a proclamation to be the appropriate avenue, a move that may then allow for the publication of rules associated with the flag’s use.

Council will discuss the matter on Wednesday, following discussions with the Department of Prime Minister and Cabinet, which confirmed it could make an application to the Governor General’s Office on council’s behalf. The process is expected to take up to three months and cost under $10,000.

Ballarat Trades Hall secretary Brett Edgington said his organisation supported moves to protect the flag via proclamation rather than using trademark or copyright.

“If they went down the trademark or copyright route, that would be a really slippery slope. There would be a huge legal fight over who owned that trademark.

“The Trades Hall has been using the flag a lot longer than Ballarat Council.

“Trades Hall was using the flag from the early 1900s in Labour Day marches. There are a lot of photographs, and we have a Eureka Flag from 1942 at a time when the original flag was in a draw at the Art Gallery, when the people of Ballarat had completely forgotten what it was.”

City of Ballarat mayor Des Hudson said attempts had been made in the past to protect the flag, to no avail.

“Because we don’t own the intellectual property of the flag and the ownership of the flag is unknown, this is the avenue that council has before it,” he said.

Australia First claims the Eureka Flag is a symbol of Australian nationalism and identity, “raised in the struggle to eject...multiculturalism and alien mass immigration”.