Commonwealth of Australia Explanatory Memoranda

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AUSTRALIA DAY BILL 2023

                     2022-2023




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




           HOUSE OF REPRESENTATIVES




               Australia Day Bill 2023




           EXPLANATORY MEMORANDUM
                        and
  STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS




              Circulated by authority of
                   Henry Pike MP
Australia Day Bill 2023


OUTLINE

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'. 26 January marks the arrival of the First
Fleet at Port Jackson, New South Wales in 1788. Records of 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.

For many Australians, Australia Day is a time to reflect on the nation's history, and to
celebrate its achievements and progress. It provides an opportunity to come together as a
community, to celebrate what it means to be Australian and to recognise the contributions
of all Australians. The day is also a time for Australians to embrace the cultural diversity
that makes the country unique and to welcome new Australian citizens in ceremonies
across the nation.

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.

The remainder of the Bill provides an avenue through which the date of Australia Day
could be changed in the future. This process would be the same prescribed in the Flags
Act 1953 for changing the design of Australia's National Flag, namely through a national
plebiscite.

How a national plebiscite on Australia Day would be formed and conducted will be at the
discretion of the parliament. However, any alternate proposals must include 26 January as
an option that can be selected by voters in the plebiscite. Those qualified to vote in federal
elections would be qualified to vote on any proposal for an alternate date for Australia's
National Day.


FINANCIAL IMPACT

The bill will have no financial impact.

NOTES ON CLAUSES

Clause 1: Short Title
   1. This clause cites the Act as the Australia Day Act 2023.

Clause 2: Commencement
   2. The commencement of the Act shall be the date of Royal Assent.

Clause 3: Observance of Australia Day as the national day
3. This Clause established four sub-sections in relation to the observance of Australia
   Day.

   Sub-section 3(1) provides a declaration by the Parliament that Australia Day should
   be marked as the national day on 26 January. This is a similar provision to the
   legislated observance of ANZAC Day outlined in the ANZAC Day Act 1983.

   Sub-section 3(2) provides that 26 January ceases to be Australia Day if, and only if,
   a new date or dates and the 26 January, have been submitted to the electorate and
   a majority of electors voting have approved a new date.

   Sub-section 3(3) provides that the form and manner in which a proposal for a new
   national day is to be submitted to the electorate, the manner in which a vote on the
   proposal is taken (which may include the adoption of a form of preferential voting for
   choosing among 3 or more dates); and arrangements for adopting a new date as
   Australia Day if chosen as mentioned in subsection (2), are to be as Parliament
   prescribes.

   Sub-section 3(4) ensures that electors who are qualified to vote in elections for
   representatives to a territory in the House of Representatives are qualified to vote
   on any proposal for a new flag.

   Sub-sections 3(2-4) are a reflection of the same protections for Australia's national
   flag that our contained within the Flags Act 1953.
               STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

   Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


                                  Australia Day Bill 2023

This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.

Overview of the bill

The purpose of this Bill is to enshrine in law reliable protection for Australia Day as the
national day on 26 January; and ensure that Australia Day on 26 January ceases to be the
national day if, and only if, three or more alternative dates have been submitted to the
electors in each state and territory and a majority have approved the change.

Human rights implications

This bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.

Henry Pike MP

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