AML Submission to the Parliament on the Voice

19 April 2023

The Committee Secretary
Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum
PO Box 6201
Canberra ACT 2600

SUBMISSION TO THE ENQUIRY ON THE ABORIGINAL AND TORRES STRAIT ISLANDER VOICE REFERENDUM

The Australian Monarchist League is not involved with any political party or group either for or against the Voice to the Parliament. We are a totally independent incorporated association with a database exceeding 55,000. Our mandate is to protect the Australian Constitution and the Crown within it.

Our concern with regard to the Voice predominantly relates to implications that the inclusion of the proposed three paragraphs may have on the Australian Constitution and to the smooth running of governance. For instance:

1) Paragraph 3 of the proposed inclusion into the Constitution states:
“3. The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions powers and procedures.”

We believe that the ‘composition, functions powers and procedures’ of the Aboriginal and Torres Strait Islander Voice should be fully explained to the Australian people prior to the referendum. We express concern about the constitutional inclusion of ‘powers’ and would ask what ‘powers’ is the Voice to be constitutionally imbued with?

2) The Prime Minister has stated on several occasions that the Uluru Statement from the Heart will be adopted in full. Is it proposed that the other terms of the Statement be introduced under the constitutional inclusion of ‘powers’ which have not yet been explained.

The Uluru Statement specifies that the sovereignty of the Aboriginal and Torres Strait Islander peoples has never been ceded or extinguished and co-exists with the sovereignty of the Crown. We ask, how can such sovereignty, if constitutionally recognised, be based with an entity or entities other than the Crown and if so with which entity or entities and how will this work alongside the existing sovereignty of all Australian people?

3) We are concerned about the inclusion in paragraph 2 of the words “and the Executive Government of the Commonwealth’’ which members of the government’s First Nations Referendum Working and Engagement Groups have informed the media would include the Governor-General as well as any official forming a part of the Executive of the Commonwealth. That would appear to include the public service. That ambit of operation is far wider than could possibly be necessary.

We would highly recommend that these words be deleted.

4) The question that will be put to the Australian people is whether they agree with: “A Proposed Law: to alter the constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?”

Currently the Constitution refers to “people” (lower case “p”) in three ways:
- the people of a State;
- the people of the Commonwealth;
- the people of a particular race.

Will the words ‘First Peoples of Australia’ be included in any way in the Australian Constitution? If so how will the term ‘First Peoples’ (upper case) relate to the other peoples mentioned in the Constitution and what will be the constitutional consequences of this specific language?

5) Since The Aboriginal and Torres Strait Islander Voice is proposed to be a constitutionally enshrined representative body, we would request that the members thereof be required to swear or affirm allegiance in accordance with section 42 of the Australian Constitution. This would, we believe, go a long way towards ensuring the equality of citizenship of all Australian peoples.

Furthermore we believe that section 44 should also apply to such members.

END

 

 

 

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  • Bob Swain
    commented 2023-04-26 19:32:57 +1000
    It is interesting that Mr Albanese will be attending the coronation but the citizens of Australia are not being given the opportunity to celebrate
    Republics around the world do not inspire confidence for Australia to follow that path
    The voice is divisive, racist and will paralyze the parliament
    Australia seems to be losing its way
  • Ann Blakeway
    commented 2023-04-26 13:29:33 +1000
    The "voice " is a passage for albo to get us in place to be ruled by communism/China. They are smart, he is not.
  • Jennifer Austin
    commented 2023-04-26 11:32:40 +1000
    The whole ‘Voice’ nonsense is just completely WRONG-HEADED!
    It will fracture our Democracy and drastically divide Australians along an UNDEMOCRATIC, RACIAL LINE!

    We are ONE under the Southern Cross; every person with the same equal, democratic voice with one vote and access to equal rights!!

    All that is needed is to rigorously ensure that every one of the multitude of very, very, generously-funded, established Aboriginal Agencies, Committees and Organisations are actually working, that they are robustly achieving results.

    —-You know! —- Actually functioning to bring about the essential results for which they were created!
  • James Alsford
    commented 2023-04-26 10:39:00 +1000
    If Jacinta Nampijinpa Price and Warren Mundine are against the Aboriginal and Torres Strait Islander Voice to Parliament that’s good enough for me. I will vote NO.
  • Philip Benwell
    published this page in The Indigenous Voice to the Parliament 2023-04-25 09:39:20 +1000