Referendum (Constitution Alteration) Act 1915

Overview

The Referendum (Constitution Alteration) Act 1915 was enacted to amend the Referendum (Constitution Alteration) Act 1906-1912. This legislation was introduced to address procedural aspects of the constitutional amendment process, specifically the timelines for distributing arguments for and against proposed laws to electors. Enacted by the King, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act provides a framework for modifying the existing legislative provisions to ensure the smooth operation of the constitutional amendment process. The policy objective underpinning this amendment is to maintain the integrity and efficiency of the process by which electors are informed about proposed constitutional changes, ensuring that they receive adequate time to consider the arguments before casting their votes.

Scope and Application

The Referendum (Constitution Alteration) Act 1915 amends the Referendum (Constitution Alteration) Act 1906-1912, thereby affecting the process by which proposed constitutional alterations are presented to the electorate for a referendum. This Act applies to the Commonwealth of Australia and pertains to the procedures for conducting referendums on constitutional changes, particularly those passed by both houses of Parliament during the 1915 session. It specifies the timeframes for forwarding arguments for or against proposed laws, extending the period for these arguments from eight to nine weeks and the period for posting these arguments to electors from one to two weeks. Additionally, the Act imposes a strict deadline of 16 September 1915 for the Chief Electoral Officer to receive such arguments before they can be printed and distributed to electors. This legislation ensures that the referendum process adheres to a precise schedule and sets clear boundaries for the submission of arguments related to proposed constitutional laws.

Key Provisions

The Referendum (Constitution Alteration) Act 1915 amends the Referendum (Constitution Alteration) Act 1906-1912. It primarily modifies the time frames stipulated in section 6a of the Principal Act. Specifically, it extends the period from eight to nine weeks for certain activities related to the referendum process, and from one to two weeks for another related activity (section 2). Furthermore, the Act mandates that any arguments for or against the proposed laws for the alteration of the Constitution must be forwarded to the Chief Electoral Officer by 16 September 1915 to be considered for distribution to electors (section 3). The Act imposes several obligations on the Chief Electoral Officer. Firstly, the Chief Electoral Officer must ensure that any arguments for or against the proposed laws are received by the specified deadline (section 3). If the arguments are not received by this date, they cannot be printed and distributed to electors. This requirement ensures that the electorate receives balanced and timely information regarding the proposed constitutional alterations. There are no explicit offences or penalties outlined within the Act for failure to comply with the stipulated deadlines or other requirements. However, the Act’s strict timing provisions imply that non-compliance could result in the electorate not receiving timely information, which might indirectly affect the integrity and fairness of the referendum process. The Act’s focus is more on procedural clarity and timeliness rather than punitive measures, underscoring the importance of adhering to the prescribed schedules for a well-managed referendum.