Booney wrote:On January 1, 1901, it commenced. At this point indigenous people were not recognized in this document.
Again, that isn't really true. In fact section 25 penalised states which didn't allow indigenous people to vote. A majority of states allowed indigenous people to vote, and the federal Election Act which followed 1901 made it easy for all people to vote (e.g. by getting rid of property qualifications).
I agree that if indigenous people don't want 1 January, then we shouldn't choose that date. However, what happened on 1 January is very, very different to what happened on 26 January and I would be surprised if there were much opposition to this date other than the fact that it's also New Years Day.
I guess my point is that we need to choose a day that makes it easy for people to celebrate Australia Day. I mean, it's just common sense to choose an inclusive, non-controversial date (and one that has significance for all states, not just NSW). As Wedgie says, 26 January is the worst day you could choose if you want a date that is not divisive.