The Australia Day Bill 2025 would enshrine 26 January as Australia’s National Day in federal law, preventing its abolition or change without the approval of a national plebiscite. It mirrors the legal protections used for ANZAC Day and the Australian flag.
It also prescribes that any proposal to change the date must offer 26 January as an option and be put to a vote of all federally-qualified electors.
From the explanatory memorandum:
“The primary purpose of this Bill is to enshrine Australia’s National Day in federal law. The provisions in this Bill are the same as those used to enshrine ANZAC Day as a National Day of Commemoration through the ANZAC Day Act 1983. The date of Australia Day would be formally established as 26 January. This legislative protection ensures that Australia Day must remain as a National Day and cannot be abolished by the actions of the government.”
Clause 1 sets the short title as the Australia Day Act 2025. Clause 2 provides that the Act commences on Royal Assent. Clause 3(1) declares 26 January as Australia Day; 3(2) provides that the date can only cease to be Australia Day if an alternative date (or dates) together with 26 January are submitted to the electorate and a majority approves a new date; 3(3) allows Parliament to prescribe the form and manner of any national plebiscite, including preferential voting if multiple dates are proposed; and 3(4) extends voting rights for such a plebiscite to all electors qualified in federal elections for the House of Representatives. The bill has no financial impact.
This Bill enshrines a widely celebrated date into law, ensuring that future governments cannot unilaterally abolish or relocate Australia Day. By mirroring the ANZAC Day Act 1983, it locks in a shared moment of national reflection and pride. A protected national day fosters civic unity and a sense of common heritage [Judgment].
Requiring any change to be approved by a national plebiscite embodies democratic principles: it gives every eligible voter a direct say in choosing the day that best represents contemporary Australia. This process not only safeguards the date but also encourages public engagement in decisions of symbolic importance.
Institutionalising 26 January as the fixed national day ignores the experiences of Aboriginal and Torres Strait Islander peoples for whom this date marks the beginning of dispossession. Codifying it into federal law entrenches a holiday that many view as celebratory of invasion, exacerbating social division and historical injustice [Judgment].
Moreover, creating a plebiscite requirement raises questions of necessity and efficacy. All jurisdictions already recognize the date by custom or statute; adding a federal layer of protection imposes complexity without clear benefit. A national vote on a symbolic issue risks becoming a costly exercise that may polarise rather than unite [Judgment].
2025-09-01
House of Representatives
Before House of Representatives
PIKE, Henry, MP
Unspecified
Democratic Institutions, Discrimination / Human Rights, Indigenous