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REFERENDUM (CONSTITUTION ALTERATION) AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Clauses 10 to 28, by leave, taken together and agreed to.

Bill further debated.

The Attorney-General (Senator Gareth Evans) moved an amendment, viz: Page 13, after clause 28, insert the following new clause: ''28A. After section 41 of the Principal Act the following section is inserted in Part VII:

Forms of certain ballot-papers '41A. (1) Notwithstanding anything contained in any other section of this Act relating to the forms of ballot-papers to be used for the purposes of a referendum, the language to be employed in the forms of ballot-papers (other than the forms for the purposes of voting pursuant to section 91A, 121 or 121A of the Commonwealth Electoral Act 1918) to be used for the purposes of the submission to the electors of the following proposed laws shall be in accordance with the language employed in the forms set out at the end of this section: 1. Constitution Alteration (Simultaneous Elections) 1983

2. Constitution Alteration (Parliamentary Terms) 1983

3. Constitution Alteration (Inter-change of Powers) 1983

4. Constitution Alteration (Advisory Jurisdiction of High Court) 1983

5. Constitution Alteration (Removal of Outmoded and Expended Provisions) 1983.

'(2) Notwithstanding anything contained in any other section of this Act relating to the forms of ballot-papers, the language to be employed in the ballot-papers to be used for the purposes of the submission to the electors of the proposed laws referred to in sub-section (1), being electors who claim to vote in pursuance of section 91A, section 121 or section 121A of the Commonwealth Electoral Act 1918, shall be in accordance with the language employed in the forms set out at the end of this section to be used by an elector voting as an absent voter, and for that purpose, the words ''ABSENT VOTE'' appearing on those ballot-papers may be struck out and ''Section 91A'', ''Section 121'' or ''Section 121A'', as the case requires, may be substituted.

'(3) The reference in sub-section 14A (3) to Form D in the Schedule shall, for the purposes of the submission to the electors of the proposed laws referred to in sub-section (1), be read as a reference to Form 1 set out at the end of this section.

FORM 1

BALLOT-PAPERS

Referendum (Constitution Alteration) Act[Here insert name of State or Territory]

Referendums on Proposed Constitutional Alterations

DIRECTIONS TO VOTER

You must write ''YES'' or ''NO'' in the space provided on EACH ballot-paper for EACH of the FIVE proposed constitutional alterations set out below.

The proposed laws which make these alterations are, in order:

1. Constitution Alteration (Simultaneous Elections) 1983

2. Constitution Alteration (Parliamentary Terms) 1983

3. Constitution Alteration (Inter-change of Powers) 1983

4. Constitution Alteration (Advisory Jurisdiction of High Court) 1983

5. Constitution Alteration (Removal of Outmoded and Expended Provisions) 1983

1: SIMULTANEOUS ELECTIONS: To ensure that elections for the Senate and the House of Representatives are always held on the same day and to adjust the terms of Senators accordingly.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

2: PARLIAMENTARY TERMS: To extend the maximum life of Parliaments from 3 to 4 years.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

3: INTERCHANGE OF POWERS: To enable the Commonwealth and States to refer powers to each other by mutual agreement.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

4: ADVISORY JURISDICTION OF HIGH COURT: To enable the Commonwealth, the States and the Northern Territory more easily to obtain from the High Court its views on certain constitutional questions.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

5: REMOVAL OF OUTMODED AND EXPENDED PROVISIONS: To remove from the Constitution certain provisions that have no further application or relevance.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

FORM 2

The elector must not mark his vote on this ballot-paper until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

POSTAL BALLOT-PAPERS

[Here insert name of State or Territory]

Referendums on Proposed Constitutional Alterations

DIRECTIONS TO VOTER

You must write ''YES'' or ''NO'' in the space provided on EACH ballot-paper for EACH of the FIVE proposed constitutional alterations set out below.

The proposed laws which make these alterations are, in order:

1. Constitution Alteration (Simultaneous Elections) 1983

2. Constitution Alteration (Parliamentary Terms) 1983

3. Constitution Alteration (Inter-change of Powers) 1983

4. Constitution Alteration (Advisory Jurisdiction of High Court) 1983

5. Constitution Alteration (Removal of Outmoded and Expended Provisions) 1983

1: SIMULTANEOUS ELECTIONS: To ensure that elections for the Senate and the House of Representatives are always held on the same day and to adjust the terms of Senators accordingly.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

2: PARLIAMENTARY TERMS: To extend the maximum life of Parliaments from 3 to 4 years.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

3: INTERCHANGE OF POWERS: To enable the Commonwealth and States to refer powers to each other by mutual agreement.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

4: ADVISORY JURISDICTION OF HIGH COURT: To enable the Commonwealth, the States and the Northern Territory more easily to obtain from the High Court its views on certain constitutional questions.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

5: REMOVAL OF OUTMODED AND EXPENDED PROVISIONS: To remove from the Constitution certain provisions that have no further application or relevance.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

FURTHER DIRECTIONS: Fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope.

FORM 3

ABSENT VOTE

BALLOT-PAPERS

[Here insert name of State or Territory]

Referendums on Proposed Constitutional Alterations

DIRECTIONS TO VOTER

You must write ''YES'' or ''NO'' in the space provided on EACH ballot-paper for EACH of the FIVE proposed constitutional alterations set out below.

The proposed laws which make these alterations are, in order:

1. Constitution Alteration (Simultaneous Elections) 1983

2. Constitution Alteration (Parliamentary Terms) 1983

3. Constitution Alteration (Inter-change of Powers) 1983

4. Constitution Alteration (Advisory Jurisdiction of High Court) 1983

5. Constitution Alteration (Removal of Outmoded and Expended Provisions) 1983

1: SIMULTANEOUS ELECTIONS: To ensure that elections for the Senate and the House of Representatives are always held on the same day, and to adjust the terms of Senators accordingly.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

2: PARLIAMENTARY TERMS: To extend the maximum life of Parliaments from 3 to 4 years.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

3: INTERCHANGE OF POWERS: To enable the Commonwealth and States to refer powers to each other by mutual agreement.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

4: ADVISORY JURISDICTION OF HIGH COURT: To enable the Commonwealth, the States and the Northern Territory more easily to obtain from the High Court its views on certain constitutional questions.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

5: REMOVAL OF OUTMODED AND EXPENDED PROVISIONS: To remove from the Constitution certain provisions that have no further application or relevance.

DO YOU APPROVE THE PROPOSED ALTERATION?

*

FURTHER DIRECTIONS: Fold the ballot-paper so that the votes cannot be seen and return it to the Presiding Officer before whom you made your declaration'.''.

Debate ensued.

Senator Lewis, by leave, moved the following amendments to Senator Gareth Evans' proposed amendment: Proposed Forms 1 and 3, after ''BALLOT-PAPERS'', insert ''Commonwealth of Australia''.

Proposed Form 2, after ''POSTAL BALLOT-PAPERS'', insert ''Commonwealth of Australia''.

Debate ensued.

Question-That the amendments to the proposed amendment (Senator Lewis' amendments) be agreed to-put and passed.

Senator Harradine moved an amendment to Senator Gareth Evans' proposed amendment, as amended, viz: Proposed Forms 1, 2 and 3, leave out ''on the same day'' (wherever occurring), insert ''at the same time''.

Debate ensued.

Question-That the words proposed to be left out be left out (Senator Harradine's amendment)-put and negatived.

Amendment to the proposed amendment negatived accordingly.

Senator Walters moved an amendment to Senator Gareth Evans' proposed amendment, as amended, viz: Proposed Forms 1, 2 and 3, leave out ''To ensure that elections for the Senate and the House of Representatives are always held on the same day, and to adjust the terms of Senators accordingly.'' (wherever occurring), insert ''To give power to the Government of the day to call half the Senate to election at the same time as the House of Representatives and to adjust the terms of Senators accordingly.''.

Question-That the words proposed to be left out be left out (Senator Walters' amendment)-put and negatived.

Amendment to the proposed amendment negatived accordingly.

Senator Lewis moved an amendment to Senator Gareth Evans' proposed amendment, as amended, viz: Proposed Forms 1, 2 and 3, leave out ''2: PARLIAMENTARY TERMS: To extend the maximum life of Parliaments from 3 to 4 years.'' (wherever occurring), insert ''2: PARLIAMENTARY TERMS: To extend the maximum terms of members of the House of Representatives from 3 to 4 years and of Senators from 6 to 8 years.''.

Debate ensued.

And it being 11 p.m.: The Chairman of Committees (Senator Hamer), under Sessional Order, put the Question-That he do leave the Chair and report to the Senate.

Question-put and passed.

The President resumed the Chair; and Senator Hamer reported accordingly.