REFERENDUM (CONSTITUTION ALTERATION).
No. 61 of 1936.
An Act to amend the Referendum (Constitution Alteration) Act 1906-1928.
[Assented to 28th November, 1936.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Referendum (Constitution Alteration) Act 1936.
(2.) The Referendum (Constitution Alteration) Act 1906-1928 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Referendum (Constitution Alteration) Act 1906-1936.
References to Commonwealth Electoral Act.
2. The Principal Act is amended by omitting the words and figures “Commonwealth Electoral Act 1918-1928” (wherever occurring) and inserting in their stead the words and figures “Commonwealth, Electoral Act 1918-1934”.
Distribution to electors of arguments for and against proposed law.
3. Section six a of the Principal Act is amended—
(a) by inserting in paragraph (a) of sub-section (1.), after the word “law” (second occurring), the words “and desire to forward such an argument”;
(b) by inserting in paragraph (b) of sub-section (1.), after the word “law” (second occurring), the words “and desire to forward such an argument”; and
(c) by omitting from sub-section (1.) the word “nine” (wherever occurring) and inserting in its stead the word “four”.
Rates for referendum telegrams.
4. Section thirty-seven of the Principal Act is amended by omitting all the words after the word “transmitted” and inserting in their stead the words “at the rates set out in paragraph (a) of Part II. of the Second Schedule to the Post and Telegraph Rates Act 1902-1931 if the telegrams are transmitted from one State to another State, and at the rates set out in paragraph (b) of Part II. of that Schedule for telegrams within any State if the telegrams are transmitted within any State”.
Overview
The Referendum (Constitution Alteration) Act 1936 was enacted by the Commonwealth of Australia's Parliament to amend the Referendum (Constitution Alteration) Act 1906-1928, updating the legislative framework for constitutional referendums and addressing specific procedural issues. This Act aimed to refine the mechanisms for distributing arguments to electors and adjusting the rates for telegrams used in the referendum process, ensuring that the referendum procedures remained current with technological and administrative changes. The policy objective was to facilitate a smoother and more efficient process for constitutional amendments by adapting to new communication technologies and refining the distribution of information to the electorate.
The Act specifically targets the outdated references within the Principal Act, ensuring that the most recent electoral laws are referenced and that the distribution of arguments for and against proposed laws is streamlined. Additionally, it updates the rates for telegrams used in the referendum process, aligning them with contemporary postal and telegraph rates. By making these amendments, the Act sought to address procedural gaps and enhance the effectiveness of the constitutional amendment process.
Scope and Application
The Referendum (Constitution Alteration) Act 1936 applies to the procedural aspects of constitutional amendments in Australia, specifically amending the Referendum (Constitution Alteration) Act 1906-1928. It governs the distribution of arguments for and against proposed constitutional laws to electors and specifies the rates for telegrams related to referendums. The Act applies nationally, influencing the Commonwealth Electoral Act 1918-1934, and mandates that arguments for or against proposed laws be forwarded to electors by those who desire to do so. It also details the rates at which telegrams should be charged for referendum-related communications, referencing the Post and Telegraph Rates Act 1902-1931. The Act does not specify any exclusions, exemptions, or thresholds, but its application can be extended or restricted through subordinate instruments, such as regulations or orders made under the Act.
Key Provisions
The main operative sections of the Referendum (Constitution Alteration) Act 1936 (C1936A00061) include the citation and amendment of the Referendum (Constitution Alteration) Act 1906-1928 (Principal Act). This Act amends the Principal Act to update references to the Commonwealth Electoral Act and modify the distribution of arguments for and against a proposed law, as well as the rates for referendum telegrams. Section 1 provides the short title and citation, referring to the Act as the Referendum (Constitution Alteration) Act 1936 and updating the citation of the Principal Act to include the 1936 amendments. Section 2 updates the reference to the Commonwealth Electoral Act to reflect the current version, changing "1918-1928" to "1918-1934". Section 3 modifies the distribution of arguments for and against a proposed law, reducing the required number of signatures from nine to four and clarifying that the intent to forward such arguments is necessary. Section 4 adjusts the rates for referendum telegrams, aligning them with the rates set out in the Post and Telegraph Rates Act 1902-1931.
The Act imposes several obligations and requirements on the parties involved in the referendum process. It mandates that proponents of a proposed law wishing to distribute arguments must now collect signatures from four electors instead of nine, as stipulated in Section 3. Furthermore, the Act requires adherence to the updated reference to the Commonwealth Electoral Act 1918-1934, ensuring that any legal arguments or procedures align with the current electoral legislation. Additionally, the Act necessitates compliance with the new rates for referendum telegrams as outlined in the Post and Telegraph Rates Act 1902-1931, whether the telegrams are sent between states or within a single state.
The Referendum (Constitution Alteration) Act 1936 does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any failure to comply with the updated requirements for distributing arguments or adhering to the specified telegram rates could potentially lead to legal challenges or disputes regarding the validity of the referendum process. Although specific penalties are not detailed within the Act, breaches of electoral laws or procedural requirements in referendums generally carry significant legal and administrative consequences, which may include the nullification of the referendum results or legal actions against those responsible for the non-compliance.