The Australian Constitution is the most important document in our country and our freedom depends upon it. The Constitution was created to PROTECT the people of this land from dictators. This document is not easy to alter. It is interesting that since it’s inception, legislation has been passed by government to now make it easy to change our laws.
From what I understand, and I am not a legal wiz, I am just a layperson who is interested in knowing what my legal rights are. This has been intensified during the Covid-19 global event!
The Australia Act 1986 ignored the consitituion which was one such act that made it easy to change legislation. The Australia Act 1986 has changed the constitution without considering the constitution right for referendum… or has it? I found this rather sneaky Act to guide legislators on ‘how to alter the constitution‘.
What are your thoughts and awareness on this topic?
CONSTITUTION ALTERATION (REFERENDUMS) 1977
No. 84 of 1977
An Act to alter the Constitution so as to allow Electors in Territories, as well as Electors in the States, to vote at Referendums on Proposed Laws to alter the Constitution.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, with the approval of the electors, as required by the Constitution, as follows:—
1. This Act may be cited as the Constitution Alteration (Referendums)1977.
Mode of altering the Constitution.
2. Section 128 of the Constitution is altered—
(a) by inserting after the words “in each State”, in both places where those words occur, the words “and Territory”; and
(b) by adding at the end thereof the following paragraph:—
“In this section, ‘Territory’ means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.”.
The Australian Constitution is the most important document in the country. Our freedom depends upon it.
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 128
Mode of altering the Constitution [see Note 1]
This Constitution shall not be altered except in the following manner:
The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.
But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.
When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.
And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen’s assent.
No alteration 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 increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.
In this section, Territory means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.