NOTIFICATION OF PARTICULARS OF WRIT FOR REFERENDUM
I have received a writ issued by His Excellency the Governor-General commanding me to cause a proposed law for the alteration of the Constitution entitled –
Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
to be submitted, according to law, in each State and in the Australian Capital Territory and the Northern Territory, to the electors who are qualified to vote at referendums, and appointing the following dates:
For the close of the Rolls: | 18 September 2023 |
For taking the votes of the electors: | 14 October 2023 |
For the return of the writ: | on or before 20 December 2023 |
The proposed law is set out below.
Tom Rogers
Electoral Commissioner
11 September 2023
A PROPOSED LAW
to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice
The Parliament of Australia, with the approval of the electors, as required by the Constitution, enacts:
1 Short title
This Act is the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Schedule 1
The Constitution is altered as set out in Schedule 1.
Schedule 1 — Alteration of the Constitution
1 Table of contents
After:
Chapter VIII Alteration of the Constitution
insert:
Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples
2 After Chapter VIII
Insert:
Chapter IX — Recognition of Aboriginal and Torres Strait Islander Peoples
129 Aboriginal and Torres Strait Islander Voice
In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
(i) there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
(ii) the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
(iii) 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.
Overview
The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 was introduced by the Parliament of Australia to address the long-standing issue of the lack of recognition and representation of Aboriginal and Torres Strait Islander peoples in the Australian political system. The primary objective of this legislation, as stated in the text, is to recognise these First Peoples by establishing a dedicated body, the Aboriginal and Torres Strait Islander Voice, which will have the capacity to make representations to both the Parliament and the Executive Government on matters pertinent to Aboriginal and Torres Strait Islander peoples. The Act aims to amend the Australian Constitution to include this new Chapter IX, thereby embedding the recognition and ongoing consultation mechanism within the nation’s foundational legal framework.
Scope and Application
The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 is an Act of the Australian Parliament aimed at recognising the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. This legislative instrument applies to the Australian electorate, encompassing all qualified electors within the states, the Australian Capital Territory, and the Northern Territory who are eligible to vote in the referendum. The Act mandates the creation of a distinct body, the Aboriginal and Torres Strait Islander Voice, which is empowered to make representations to both the Parliament and the Executive Government of the Commonwealth concerning matters pertinent to Aboriginal and Torres Strait Islander peoples. The Act specifies that the Parliament holds the authority to enact laws governing the Voice’s composition, functions, powers, and procedures. The Act's commencement is set on the date it receives Royal Assent. The referendum dates are fixed, with the Rolls closing on 18 September 2023, voting taking place on 14 October 2023, and the writ to be returned by 20 December 2023.
Key Provisions
The main operative sections of the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (sections 2 and 3) detail the commencement of the Act and the alteration to the Constitution. Section 2 states that the Act commences on the day it receives Royal Assent, while section 3 specifies that the Constitution is altered as set out in Schedule 1. Schedule 1 introduces a new Chapter IX, titled "Recognition of Aboriginal and Torres Strait Islander Peoples," which includes the establishment of the Aboriginal and Torres Strait Islander Voice. This body will have the authority to make representations to both the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples, with the Parliament having the power to make laws regarding the Voice's composition, functions, powers, and procedures.
The Act imposes several obligations and requirements on the parties and entities it governs. The most significant obligation is the establishment of the Aboriginal and Torres Strait Islander Voice as a body that can make representations to the Parliament and the Executive Government. Additionally, the Parliament is required to have the power to make laws governing the Voice's composition, functions, powers, and procedures. These provisions aim to ensure that the Voice can effectively advocate for the interests of Aboriginal and Torres Strait Islander peoples while maintaining the necessary legal framework to govern its operation.
The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 does not explicitly outline offences, penalties, or civil/criminal consequences for breach within the provided text. However, the obligations imposed by the Act, such as the establishment of the Voice and the Parliament's power to make related laws, are legally binding. Failure to comply with these requirements could potentially result in legal challenges or other consequences as determined by the courts. It is important to note that the text provided does not specify maximum penalties, but any breaches of the legal framework established by the Act could lead to civil or criminal consequences depending on the nature and severity of the breach.