Referendums on alterations to the

The referendum, as a means of discovering the will of the electorate, has been employed in Australia on twenty occasions since Federation, in the course of which forty-four questions were submitted to the electors; forty-two of these (some covering more than one subject) sought sanction for alteration to the Constitution, and the other two sought approval for military conscription for overseas service during World War I.

Before the 1977 Referendum, section 128 of the Constitution provided that Bills to alter the Constitution, having been passed by Parliament, must be approved by referendum in a majority of States and by a majority of all electors voting. No proposed amendment diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or altering the boundaries of a State, may become law unless the majority of electors voting in that State approve the proposed law.

Following the approval by the electors in the Referendum of 1977 for the proposal to amend section 128, that section now allows electors in the Territories, as well as electors in the States, to vote on Referendums on proposed laws to alter the Constitution. The vote of a Territory is not counted as part of a majority of the States in determining the result of a referendum, but it is included in the majority of electors total.

The Referendum (Constitution Alteration) Act 1906 provides the machinery for conducting referendums.

Of the 42 proposals for constitutional amendment which have been put to the electorate since Federation, all but eight were rejected, as were the two proposals relating to military conscription in World War 1. Those carried are:

· Senate Elections (12 December 1906), which sought the right to make minor alterations concerning Senate elections and service of Senators

· State Debts (13 April 1910), which amended section 105 of the Constitution

· State Debts (17 November 1928), which amended the Constitution by the addition of section 105A

· Social Services (28 September 1946), which resulted in the insertion of placitum xxiiiA in section 51 of the Constitution

· Aboriginals (27 May 1967), which resulted in the alteration of placitum xxvi of section 51, and the repeal of section 127, of the Constitution

· Senate Casual Vacancies (21 May 1977), which substituted a new section 15 of the Constitution

· Referendums (21 May 1977), which amended section 128 of the Constitution, and

· Retirement of Judges (21 May 1977), which added certain provisions to section 72 of the Constitution.

The remainder of this page comprises a chronological list of referendums, giving brief details and the result. Full voting figures will appear progressively on separate pages.

12 December 1906

Senate Elections - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Senate Elections) 1906.

This Act (No.1 of 1907) made minor machinery alterations to section 13 of the Constitution governing the rotation of Senators and the wording of provisions relating to their term of service, to enable elections for both Houses to be held concurrently as a matter of convenience.

Carried. Voting figures for this referendum

13 April 1910

State Debts - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (State Debts) 1909.

This proposal amended section 105 to give the Commonwealth unrestricted power to take over State debts.

Carried. Voting figures for this referendum

Surplus Revenue - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Finance).

This proposal was to amend section 87 (the Braddon clause) in order to implement without delay an agreement whereby the Commonwealth would make a fixed payment out of surplus revenue to the States on a per capita basis, in substitution for the three-fourths of the net revenue originally provided in section 87.

Not carried. Voting figures for this referendum

26 April 1911

Trade and commerce - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Legislative Powers).

The amendment was to extend the Commonwealth's powers with regard to trade and commerce, the control of corporations, labour and employment, including wages and conditions and the settling of disputes, and combinations and monopolies.

Not carried. Voting figures for this referendum

Nationalisation of monopolies - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Monopolies).

The amendment was to give power to the Commonwealth to nationalise any industry declared to be the subject of a monopoly by both Houses of Parliament.

Not carried. Voting figures for this referendum

31 May 1913

The previously rejected proposals were again put to the electorate, but, on this occasion, as five distinct amendments, together with a sixth, the purpose of which was to give jurisdiction to the Commonwealth over industrial relations in the State railway services. All proposals were rejected.

Trade and commerce - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Trade and Commerce).

Not carried.

Corporations - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Corporations).

Not carried.

Industrial matters - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Industrial Matters).

Not carried.

Trusts - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Trusts).

Not carried.

Nationalisation of monopolies - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Nationalisation of Monopolies).

Not carried.

Railways disputes - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Railways Disputes).

Not carried.

13 December 1919

Legislative Powers - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Legislative Powers).

By this measure, the Commonwealth sought temporary extension of its legislative powers in regard to trade and commerce, corporations, industrial matters and trusts.

Not carried.

Nationalisation of Monopolies - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Nationalisation of Monopolies).

By this measure, the Commonwealth sought temporary extension of its legislative powers in regard to nationalisation of monopolies.

Not carried.

4 September 1926

Industry and Commerce - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Industry and Commerce).

This proposal sought to authorise the creation of authorities to control the terms and conditions of industrial employment, to invest State authorities with powers similar to those vested in Commonwealth authorities, and to regulate and control trusts and combinations.

Not carried.

Essential Services - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Essential Services).

This proposal sought to empower the Commonwealth to take measures to protect the public against interruption of essential services.

Not carried.

17 November 1928

State Debts - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (State Debts).

This proposal was to insert in the Constitution section 105A which enabled the Commonwealth to ratify an agreement which had already been accepted by all the Australian governments - in effect terminating the system of per capita payments which had been made by the Commonwealth since 1910, and restricting the right of each State to borrow for its own development, by subjecting that borrowing to control by a Loan Council.

Carried.

6 March 1937

Aviation - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Aviation) 1936.

This amendment was to empower the Commonwealth to legislate with respect to air navigation and aircraft, so as to remove the restraints imposed on the Commonwealth Parliament by section 92.

Not carried.

Marketing - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Marketing) 1936.

This amendment was to empower the Commonwealth to legislate with respect to marketing, so as to remove the restraints imposed on the Commonwealth Parliament by section 92.

Not carried.

19 August 1944

Post-war Reconstruction and Democratic Rights - Submission to the electors upon proposed law to alter the Constitution with respect to Post-war Reconstruction and Democratic Rights.

The 'Fourteen Powers' or 'Fourteen Points' Referendum. It was proposed by this measure to insert a new section (60A) in the Constitution, empowering the Commonwealth, for a period of five years, to legislate with respect to the fourteen specified matters, which included the rehabilitation of ex-servicemen, national health, family allowances and 'the people of Aboriginal race', as well as, in some form, many of the matters on which powers to legislate had been sought in 1911. There were also to be inserted Constitutional guarantees of freedom of speech and religion and safeguards against the abuse of delegated legislative power. Electors were required to vote on the proposed alterations as a whole.

Not carried.

28 September 1946

Social Services - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Social Services) 1946.

This proposal was to empower the Commonwealth Parliament to legislate on a wide range of social services. As a result of its acceptance, placitum xxiiiA was inserted in section 51.

Carried.

Marketing - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Organised Marketing of Primary Products) 1946.

This proposal was to empower the Commonwealth Parliament to make laws with respect to the organised marketing of primary products, unrestricted by section 92.

Not carried.

Industrial Employment - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Industrial Employment) 1946.

This proposal was to empower the Commonwealth Parliament to make laws with respect to the terms and conditions of industrial employment (but not so as to authorise any form of industrial conscription).

Not carried.

29 May 1948

Rents and Prices - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Rents and Prices) 1947.

This proposal would have given the Commonwealth permanent power to control rents and prices. As a result of its rejection, the Commonwealth divested itself of its war-time controls, transferring them to the States.

Not carried.

22 September 1951

Communists and Communism - Submission to the electors on the proposed law: Constitution Alteration (Powers to Deal with Communists and Communism) 1951.

Following a High Court decision that the Communist Party Dissolution Act 1950 was beyond the existing powers of the Commonwealth Parliament, the electors were asked to approve the addition of a new section (51A) to the Constitution, which would empower the Commonwealth Parliament to make laws in respect of Communists and Communism where this was necessary for the security of the Commonwealth.

Not carried.

27 May 1967

Parliament - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Parliament) 1967.

This proposal sought to alter the Constitution so that the number of Members of the House of Representatives could be increased without necessarily increasing the number of Senators.

Not carried.

Aboriginals - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Aboriginals) 1967.

This proposal sought to remove any ground for the belief that the Constitution discriminated against people of the Aboriginal race, and, at the same time, to make it possible for the Commonwealth Parliament to enact special laws for these people.

Carried.

8 December 1973

Prices - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Prices) 1973.

This proposal sought to alter the Constitution to give power to the Australian Government to control prices.

Not carried.

Incomes - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Incomes) 1973.

This proposal sought to alter the Constitution to enable the Australian Government to legislate with respect to incomes.

Not carried.

18 May 1974

Simultaneous Elections - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Simultaneous Elections) 1974.

This proposal sought to hold elections for the Senate and the House of Representatives on the same day. With one exception, simultaneous elections for both Houses had been held from Federation up to 1961, after which they became out of step.

Not carried.

Mode of Altering the Constitution - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Mode of Altering the Constitution) 1974.

This proposal sought firstly to give a vote in referendums to electors in the Australian Capital Territory and the Northern Territory, and secondly to enable amendments to be made to the Constitution if approved by a majority of Australian voters and a majority of voters in half the States.

Not carried.

Democratic Elections - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Democratic Elections) 1974.

This proposal sought to make population instead of electors, as at present, the basis for determining the average size of electorates in each State.

Not carried.

Local Government Bodies - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Local Government Bodies) 1974.

This proposal sought to give the Australian Government powers to borrow money for, and to make financial assistance grants directly to, any local government body.

Not carried.

21 May 1977

Simultaneous Elections - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Simultaneous Elections) 1977.

This proposal sought to ensure that Senate elections are held at the same time as House of Representatives elections. Since 1961, elections for both Houses had generally been out of step.

Not carried.

Senate Casual Vacancies - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Senate Casual Vacancies) 1977.

This proposal sought to ensure that as far as practicable a casual vacancy in the Senate is filled by a person of the same political party as the Senator chosen by the people and that the person shall hold the seat for the balance of the term.

Carried.

Referendums - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Referendums) 1977.

This proposal sought to allow electors in the Territories, as well as electors in the States, to vote at referendums on proposed laws to alter the Constitution.

Carried.

Retirement of Judges - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Retirement of Judges) 1977.

This proposal sought to provide for retiring ages for judges of Federal Courts.

Carried.

1 December 1984

Terms of Senators - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Terms of Senators) 1984.

This proposal sought to require that Senate elections were held simultaneously with those of the House of Representatives.

Not carried.

Interchange of Powers - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Interchange of Powers) 1984.

This proposal sought to enable the Commonwealth and the States to voluntarily refer powers to each other.

Not carried.

3 September 1988

Parliamentary Terms - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Parliamentary Terms) 1988.

This proposal sought to provide for four-year maximum terms for members of both Houses of the Commonwealth Parliament.

Not carried.

Fair Elections - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Fair Elections) 1988.

This proposal sought to ensure fair and democratic parliamentary elections throughout Australia.

Not carried.

Local Government - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Local Government) 1988.

This proposal sought to recognise local government.

Not carried.

Rights and Freedoms - Submission to the electors of a proposed law for the alteration of the Constitution entitled Constitution Alteration (Rights and Freedoms) 1988.

This proposal sought to extend the right to trial by jury, to extend freedom of religion, and to ensure fair terms for persons whose property is acquired by any Government.

Not carried.