This bill is currently before Parliament.
Government & democracy
The bill would create an Australia Day Act and declare that Australia's national day is to be known as Australia Day and observed on 26 January each year.
Henry Pike introduced the bill to give Australia Day formal recognition in federal law and to make a future change to the date depend on voter approval. The explanatory memorandum says 26 January is already a public holiday in all states and territories but has not been officially designated by federal Parliament as Australia's national day. In the second reading speech, Pike argued that any change should be made by Australians voting in a national plebisciteA national vote used to ask voters a question. In this bill, a new Australia Day date could replace 26 January only if voters chose it in a national vote set up by Parliament., not by the government of the day.
The bill sits inside a long-running argument about whether 26 January should remain Australia's national day and who should decide any change. The introduced bill borrows from the legal model used for the national flag: it would keep 26 January in federal law unless voters choose another date in a national vote set up by Parliament.
The collected parliamentary material does not include a speech opposing this bill or a committee criticism of it. The broader criticism visible in the source material is about the date itself: 26 January is contested because it marks the First Fleet's arrival and is also described by some people as Invasion Day because of the consequences for Indigenous Australians.
Henry Pike MP introduced this bill. Supportive speeches so far have come from LNP.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
282 days
Updated 10 June 2026.
Meaning
The bill would create an Australia Day Act and declare that Australia's national day is to be known as Australia Day and observed on 26 January each year.
The explanatory memorandum says the bill's purpose is to put Australia Day into federal law, because 26 January is a public holiday in every state and territory but has not been formally designated by federal Parliament as the national day.
Under the introduced text, 26 January could stop being Australia Day only if voters in every state and territory were asked to choose between 26 January and one or more new dates, and a majority of participating voters chose a new date.
Parliament would still have to set the details of any vote on a new date, including the form of the proposal, the voting method, and how a new date would be adopted if voters chose one.
The bill had not passed at collection time. This page therefore describes the introduced bill only, not final Act text.
The national day of Australia is to be known as Australia Day and observed on 26 January each year.Australia Day introduced bill text
Australia Day is recognised as a public holiday on 26 January in all Australian States and Territories. Although it has never been officially so designated, Australia Day is widely regarded by Australians as their 'national day'.Australia Day explanatory memorandum
The date referred to in subsection (1) ceases to be Australia Day if, and only if: (a) a new date or dates, and the date referred to in subsection (1), are submitted in each State and Territory to the electors... and (b) the new date, or one of the new dates, is chosen by a majority of all the electors voting.Australia Day introduced bill text
The form and manner in which a proposal for a new Australia Day is submitted to electors; and the manner in which a vote on the proposal is taken... and arrangements for adopting a new date as Australia Day if chosen... are to be as Parliament prescribes.Australia Day introduced bill text
The commencement of the Act shall be the date of Royal Assent.Australia Day explanatory memorandum
Context
The bill sits inside a long-running argument about whether 26 January should remain Australia's national day and who should decide any change. The introduced bill borrows from the legal model used for the national flag: it would keep 26 January in federal law unless voters choose another date in a national vote set up by Parliament.
New South Wales gazettes 26 January as a public holiday
The explanatory memorandum says public celebrations on 26 January date back to 1808, with New South Wales becoming the first colony to officially gazette the date as a public holiday in 1818.
Explanatory memorandum ↗National flag change model becomes the bill's template
In his second reading speech, Henry Pike pointed to the 1998 Howard government amendments to the Flags Act as the model for requiring voter endorsement before changing a national symbol.
Second reading speech ↗Public dispute over Australia Day and Invasion Day language continues
Reporting on the ABC's use of both terms described a growing public division over whether 26 January should remain the national day because of the consequences of the First Fleet's arrival for Indigenous Australians.
Australian Financial Review ↗Australia Day remains part of federal political campaigning
In early 2025, Opposition Leader Peter Dutton said he would require councils to hold citizenship ceremonies on 26 January, showing that the date and its official ceremonies remained active federal political issues before this bill was introduced.
Australian Financial Review ↗Australia Day Bill introduced
Henry Pike introduced a private member's billA bill introduced by a member of Parliament who is not introducing it as a government minister. This bill was introduced by Henry Pike MP. to declare Australia Day on 26 January and require a national vote before a new date could replace it.
Parliament of Australia ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The collected parliamentary material does not include a speech opposing this bill or a committee criticism of it. The broader criticism visible in the source material is about the date itself: 26 January is contested because it marks the First Fleet's arrival and is also described by some people as Invasion Day because of the consequences for Indigenous Australians.
This section is based on broader public-context sources, not on recorded parliamentary opposition to this bill.
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Henry Pike supported the bill as a way to give Australia Day formal federal recognition on 26 January and to stop a government from changing or abolishing the national day without approval from voters in a national plebisciteA national vote used to ask voters a question. In this bill, a new Australia Day date could replace 26 January only if voters chose it in a national vote set up by Parliament..
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“The bill seeks to ensure that no politician, no political party and no special interest group can change our national day without the approval of the majority of Australians voting in a national plebiscite.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
