REFERENDUM (CONSTITUTION ALTERATION).
No. 11 of 1906.
An Act relating to the submission to the Electors of proposed Laws for the alteration of the Constitution.
[Assented to 8th October, 1906.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
PART I.—PRELIMINARY.
Short title.
1. This Act may be cited as the Referendum (Constitution Alteration) Act 1906.
Parts.
2. This Act is divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Writ for the Referendum.
Part III.—Voting at the Referendum.
Part IV.—Scrutiny of the Referendum.
Part V.—Return of the Writ.
Part VI.—Disputed Returns.
Part VII.—Regulations.
Definition.
3. In this Act, unless the contrary intention appears—
“Referendum” means the submission to the electors of a proposed law for the alteration of the Constitution
Application of Electoral Acts.
4.—(1.) The provisions of Part X. (Voting by Post) Part XI. (the Polling) and Part XV. (Electoral Offences) of the Commonwealth Electoral Acts 1902-1905 shall, so far as applicable, apply to the referendum as if it were an election of members of the House of Representatives but subject to the modifications and provisions in this Act.
(2) In the application of Parts X., XL, and XV. of the said Acts—
(a) any reference to polling day shall be deemed to be a reference to the day fixed by the writ under this Act for the taking of the votes of the electors; and
(b) any reference to a poll shall be deemed to be a reference to the taking of the votes of the electors under this Act; and
(c) any reference to an election shall be deemed to be a reference to a referendum.
(3.) In the application of Part X. of the said Acts—
(a) the postal ballot-paper shall be in the Form A in the Schedule to this Act; and
(b) the postal vote certificate shall be in the Form B in the Schedule to this Act: and
(c) Section 118a shall be read as if the directions on Form A in the Schedule to this Act were substituted for those in the section.
(4.) In the application of Part XI. of the said Acts—
(a) the Returning Officer shall in any case make all necessary arrangements for taking the poll:
(b) the ballot-papers shall be in the Form C in the Schedule to this Act;
(c) Sections 133, 135, 150, and 151 shall not apply;
(d) facilities for enabling electors to vote at elections prescribed by regulations under section 139 (2) shall so far as applicable apply to the referendum, but so that the ballot-paper shall be in Form D in the Schedule to this Act, and no ballot-paper shall be rejected as informal for any reason…
Overview
The Referendum (Constitution Alteration) Act 1906 was enacted to provide a formal procedure for proposing and voting on constitutional amendments in Australia. The Act addresses the need for a structured and transparent process for altering the nation's Constitution through a nationwide referendum. Enacted by the Parliament of the Commonwealth of Australia, the policy objective of this Act is to ensure that any proposed constitutional changes are subjected to a democratic process, allowing the Australian electorate to directly vote on the amendments. The Act delineates the procedures for issuing writs for the referendum, conducting the vote, scrutinising the ballots, and returning the writs with the results, thereby formalising the constitutional amendment process and providing a clear framework for public participation in the nation's highest law.
Scope and Application
The Referendum (Constitution Alteration) Act 1906 applies to the process of submitting a proposed law for the alteration of the Constitution to electors for their consideration and vote. This Act applies nationally across the Commonwealth of Australia, encompassing all states and territories. It involves the Governor-General issuing a writ for a referendum, with the voting process mirroring the electoral process, subject to modifications specified in this Act. The application of certain provisions of the Commonwealth Electoral Acts 1902-1905, including voting by post, polling, and electoral offences, is adapted for the referendum with specific modifications. Notably, scrutineers appointed by the Governor of a State oversee the conduct of the referendum. There are no explicit exclusions or thresholds mentioned in the Act; however, regulations may extend or restrict the application of the Act. The Act allows for the Governor-General to make regulations necessary or convenient for its implementation, further detailing procedural aspects as needed.
Key Provisions
- The Referendum (Constitution Alteration) Act 1906 outlines the process for submitting proposed laws for the alteration of the Australian Constitution to the electors for their approval through a referendum. Section 5 requires the Governor-General to issue a writ for the referendum, setting dates for the taking of votes and the return of the writ. Section 6 allows the Governor-General to attach a copy of the proposed law or a statement outlining the proposed alterations to the Constitution to the writ. Section 11 mandates that voting at the referendum will occur on the same day across Australia, and Section 14 specifies that voting will be conducted by ballot.
- The Act imposes several obligations on various parties. Section 4 applies certain provisions of the Commonwealth Electoral Acts 1902-1905 to the referendum, with modifications specified in the Act. Section 8 requires the Commonwealth Electoral Officer for each state to give public notice of the referendum and exhibit copies of the proposed law or statement at various public locations. Section 9 requires Divisional Returning Officers and Assistant Returning Officers to take necessary steps to implement the writ.
- Section 28 outlines the requirements for a petition disputing the validity of a referendum or its results. The petition must be filed within 40 days of the publication of the referendum results in the Gazette and must be signed by the Attorney-General of the Commonwealth or a State. The High Court has jurisdiction to hear such petitions, as stated in Section 29. Any errors that do not affect the result of the referendum do not invalidate it, as per Section 33.
- The Act also addresses potential offences and penalties for breaches. Section 16 of the Commonwealth Electoral Acts 1902-1905, which applies to the referendum, includes provisions for electoral offences. Offences under these provisions can result in penalties as prescribed by law, although specific penalties are not detailed in this Act. Section 34 allows the Governor-General to make regulations necessary for carrying out the Act, but these regulations must not be inconsistent with the Act itself.
- Area of Law
- Constitutional Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
