It is not outright illegal to fly a kite in Australia, but there are specific restrictions and laws to be aware of, particularly in certain states like Victoria. In Victoria, under Section 4 of the Summary Offences Act 1966, flying a kite in a public place "to the annoyance of any person" is an offense and can lead to fines. This law is aimed at preventing public nuisance and safety issues. Additionally, local by-laws in various parts of Australia may prohibit kite flying in certain public places like parks, and flying kites near power lines or airports is restricted by civil aviation regulations. Therefore, kite flying is generally allowed if done considerately without causing annoyance or danger, and in permissible areas.

To summarize:

• Flying kites is legal but must not annoy others or create a public nuisance, especially in Victoria.
• Many public places have local bans or restrictions.
• Civil aviation rules prohibit flying higher than 122 meters or near airports.
• Safety around power lines and crowded areas must be observed.

By following these guidelines, kite flying can be enjoyed legally and safely in Australia.