in recognition of its historical significance. Technically, private non-commercial vessels were liable to a substantial fine if they did not fly the British Red Ensign. However, an Admiralty Warrant was issued on 5 December 1938, authorising these vessels to fly the Australian Red Ensign. The Shipping Registration Act 1981 reaffirmed that the Australian Red Ensign was the proper "colours" for commercial ships over in tonnage length. As a result of the declaration of 3 September as Merchant Navy Day in 2008, the Red Ensign can be flown on land alongside the Australian national flag on this occasion as a matter of protocol. Status of the Union Jack The Blue Ensign replaced the Union Jack at the Olympic Games at St Louis in 1904. In the same year, due to lobbying by Richard Crouch MP, it had the same status as the Union Flag in the UK, when the House of Representatives proclaimed that the Blue Ensign "should be flown upon all forts, vessels, saluting places and public buildings of the Commonwealth upon all occasions when flags are used". The government agreed to fly the Blue Ensign on special flag days, but not if it meant additional expense, which undermined the motion. The Blue Ensign could only be flown on a state government building if a state flag was not available. On 2 June 1904 a resolution was passed by parliament to replace the Union Jack with the "Australian Flag" on forts. Initially the Department of Defence resisted using the Flag, considering it to be a marine ensign and favouring King's Regulations that specified the use of the Union Jack. After being approached by the Department of Defence, Prime Minister Chris Watson stated in parliament that he was not satisfied with the design of the Australian flag and that implementation of the 1904 resolution could wait until consideration was given to "adopt another [flag] which in our opinion is more appropriate." In 1908, Australian Army Military Order, No 58/08 ordered the "Australian Ensign" replace the Union Flag at all military establishments. From 1911 it was the saluting flag of the Australian army at all reviews and ceremonial parades, The Royal Australian Navy (RAN) was promulgated on 5 October 1911 and was directed to fly the British White Ensign on the stern and the flag of Australia on the Jackstaff. Despite the government wanting to use the Blue Ensign on Australian warships,