The Australia Day Bill 2025: legislating 26 January as the national day explained

The short answer

The Australia Day Bill 2025: legislating 26 January as the national day explained

If passed, the Australia Day Bill 2025, a private member's bill introduced by Liberal MP Henry Pike, proposes to declare in Commonwealth legislation that Australia Day is the national day of Australia and is to be observed on 26 January each year. At present, the date is not fixed by any federal Act. The bill is before the House of Representatives and has not yet been debated.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill proposes

The Australia Day Bill 2025 is a short bill with a single substantive purpose: to declare in Commonwealth legislation that Australia Day is the national day of Australia and is to be observed on 26 January each year. The bill's official summary on the Parliament of Australia website describes it in one sentence: 'Declares Australia Day as the national day of Australia to be observed on 26 January each year.'

The bill is declaratory in nature — it does not create new public holidays, alter existing state-based holiday arrangements, or change the National Australia Day Council's functions. It simply seeks to put the date into federal statute, where it currently does not appear. Australia Day has been celebrated on 26 January by convention and through proclamations dating back to 1935, but no Act of the Commonwealth Parliament has ever fixed the date as the national day.

Evidence review

The current legal status of Australia Day

At present, Australia Day is not established by any Commonwealth Act. The date is observed by proclamation and convention. The National Australia Day Council, established under the Australia Day Act 1979 (Cth), does not specify a date in the Act — the Council's functions include promoting the 'observance of Australia Day' without the Act itself fixing when that day occurs. Public holidays for Australia Day are set by state and territory legislation, not by the Commonwealth.

This means that while 26 January is Australia's official national day in practice, there is nothing in federal legislation that would prevent a future government from changing the date by administrative decision rather than by parliamentary vote. The bill's proponents argue this is a gap that should be closed.

Evidence review

Sponsor and parliamentary status

The bill was introduced by Henry Pike MP, the Liberal member for Bowman in Queensland, on 1 September 2025. It is a private member's bill — meaning it was introduced by a member acting in their individual capacity, not on behalf of the government or the opposition frontbench. The bill was read a first time on introduction and is currently listed as 'Before House of Representatives'.

Private members' bills face significant procedural obstacles to passage. Government business takes priority on the House's agenda, and private members' bills are allocated limited time — typically on Monday sitting days for non-controversial items. For a private member's bill to become law, it must either gain government support or successfully navigate the private members' business process, which requires majority support in the House.

Evidence review

The political context

The date of Australia Day has been the subject of public debate for many years. 26 January marks the arrival of the First Fleet at Sydney Cove in 1788. For many Aboriginal and Torres Strait Islander people, the date is observed as a day of mourning or Invasion Day, marking the beginning of colonisation and its devastating consequences for First Nations peoples. Many local councils have moved their citizenship ceremonies and Australia Day events away from 26 January, and some Australian employers now allow staff to work on the public holiday and take an alternative day off.

The bill's introduction should be understood in the context of this ongoing debate. The bill does not engage with the arguments about the date — it simply proposes to legislate the status quo. Whether the bill progresses will depend on whether there is majority support in the House for fixing the date in legislation at this time.

Evidence review

What the bill does not do

It is important to be clear about what this bill does not propose. It does not create a new public holiday — Australia Day is already a national public holiday under state and territory law. It does not compel councils, businesses or individuals to celebrate or observe the day in any particular way. It does not alter the powers or functions of the National Australia Day Council. It does not change the name of the day. And it does not prevent future parliaments from amending or repealing the legislation — like all Acts, it could be changed by a subsequent parliament.

Common questions

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