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Title

Ch1 The Parliament and the role of the House / CONSTITUTION ALTERATION / Referendum

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

The Parliament and the role of the House

Chapter No.

Chapter 01

Page

28

Section No.

 

System Id

procedural/practcer/chapter01.28.doc


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Ch1 The Parliament and the role of the House / CONSTITUTION ALTERATION / Referendum



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House of Representatives                                Ch 1                                                 p 28

 

The Parliament and the role of the House / CONSTITUTION ALTERATION

 

Referendum

In the case of a bill having passed through both Houses, if a referendum is to be held the bill must be submitted to the electors in each State and Territory 1 not less than two nor more than six months after its passage. The bill is presented to the Governor-General for the necessary referendum arrangements to be made. 2 Voting is compulsory . If convenient, a referendum is held jointly with an election for the Senate and/or the House of Representatives. The question put to the people for approval is the constitutional alteration as expressed in the long title of the bill. 3

The Referendum (Machinery Provisions) Act 1984 contains detailed provisions relating to the submission to the electors of constitution alteration proposals. It covers, inter alia, the form of a ballot paper and writ, the distribution of arguments for and against proposals, voting, scrutiny, the return of writs, disputed returns and offences. The Act places responsibility for various aspects of the conduct of a referendum on the Electoral Commissioner, State Electoral Officers and Divisional Returning Officers. The interpretation of provisions of the Referendum (Machinery Provisions) Act came before the High Court in 1988, when a declaration was made that the expenditure of public moneys on two advertisements was, or would be, a breach of subsection 11(4) of the Act. Arguments were accepted that certain words used in two official advertisements, which were said to be confined to an encouragement to the electors to be aware of the issues in the impending referendums, in fact promoted aspects of the argument in favour of the proposed laws, that is, in favour of the ‘yes’ case. 4

If the bill is approved by a majority of the electors in a majority of the States, that is, at least four of the six States, and also by a majority of all the electors who voted, it is presented to the Governor-General for assent. 5 However, if the bill proposes to alter the Constitution by diminishing the proportionate representation of any State in either House, or the minimum number of representatives of a State in the House of Representatives, or altering the limits of the State, 6 the bill shall not become law unless the majority of electors voting in that State approve the bill. This means that the State affected by the proposal must be one of the four (or more) States which approve the bill.

An Act to alter the Constitution comes into operation on the day on which it receives assent, unless the contrary intention appears in the Act. 7



The reference to ‘Territory’ in relation to a referendum means a Territory which is represented in the House of Representatives. Electors in the Australian Capital Territory and the Northern Territory gained the right to vote at a referendum in 1977, Constitution Alteration (Referendums) 1977 (Act No. 84 of 1977).



See Ch. on ‘Legislation’.



Referendum (Machinery Provisions) Act 1984, schedule 1.



Reith v. Morling and ors , (12 August 1988, High Court Registry, No. M58 of 1988).



For assent details see Ch. on ‘Legislation’.



See 5th paragraph of s. 128 of Constitution.



Acts Interpretation Act 1901 , s. 5(1B).