REFERENDUM (CONSTITUTION ALTERATION (No. 2).
No. 51 of 1915.
An Act to provide for the withdrawal of writs issued by the Governor-General for the submission of certain proposed laws to the electors, and for matters incidental thereto.
[Assented to 15th November, 1915.]
Preamble.
WHEREAS seven proposed laws for the alteration of the Constitution were passed by both Houses of the Parliament during the Session held in the year One thousand nine hundred and fifteen:
And whereas in pursuance of the Referendum (Constitution Alteration) Act 1906-1915 the Governor-General did on the second day of November One thousand nine hundred and fifteen issue writs for the submission of the said proposed laws to the electors:
And whereas it is expedient that the writs for the submission of the said proposed laws to the electors be withdrawn, and that no further proceedings be taken in relation to such submission:
Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Referendum (Constitution Alteration) Act (No. 2) 1915.
Withdrawal of writs.
2.—(1.) Notwithstanding anything contained in the Referendum (Constitution Alteration) Act 1906–1915 the Governor-General may by proclamation—
(a) direct the withdrawal of the writs which have been issued by him for the submission to the electors of the proposed laws passed by both Houses of the Parliament during the session held in the year One thousand nine hundred and fifteen, and of any copies of those writs which have been or were to be forwarded to the Governors of the several States and to the Commonwealth Electoral Officers for the several States and to the Divisional Returning Officers and Assistant Returning Officers; and
(b) direct that no further proceedings be taken in relation to the submission of the proposed laws to the electors.
(2.) Upon the issue of the proclamation, effect shall be given to the proclamation in such manner as the Prime Minister directs.
Overview
The Referendum (Constitution Alteration) Act (No. 2) 1915 was enacted to address the need to withdraw writs that had been issued for the submission of certain proposed constitutional laws to the electors. This Act was introduced in response to seven proposed constitutional amendments that were passed by both Houses of the Australian Parliament during the 1915 session. The problem it sought to address was the expediency of withdrawing these writs and halting further proceedings related to the proposed laws. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective was to ensure that no further actions were taken in relation to the proposed laws' submission to the electors, thereby allowing for the appropriate handling of these constitutional matters.
Scope and Application
The Referendum (Constitution Alteration) Act (No. 2) 1915 applies to the procedure for withdrawing writs issued by the Governor-General for the submission of proposed constitutional alterations to electors. It provides the authority for the Governor-General to withdraw such writs, thereby halting the process of submitting these proposals to a referendum. This Act is enacted at the Commonwealth level, affecting the entire nation in terms of jurisdictional reach. The Act explicitly applies to the writs that were issued for the proposed constitutional alterations passed in 1915, and does not specify exclusions or exemptions within its brief scope. It allows for the application to be extended or restricted through subordinate instruments, such as proclamations issued by the Governor-General, but the Act itself does not provide further detail on this aspect.
Key Provisions
The Referendum (Constitution Alteration) Act (No. 2) 1915, as indicated in section 1, provides the legal framework for the withdrawal of writs issued by the Governor-General for the submission of proposed constitutional laws to electors. Section 2 of the Act is pivotal, stipulating that the Governor-General may direct the withdrawal of these writs through a proclamation. This includes the withdrawal of any copies sent to state governors, electoral officers, and returning officers. Additionally, section 2(1)(b) mandates that no further proceedings be taken regarding the proposed laws once the proclamation is issued. The implementation of this proclamation is to be managed as directed by the Prime Minister, as outlined in section 2(2).
The Act imposes specific obligations on the Governor-General and the Prime Minister. The Governor-General is authorised to issue a proclamation for the withdrawal of writs, as described in section 2(1). This act of issuing a proclamation is not only a directive but also a cessation of further electoral procedures concerning the proposed laws. The Prime Minister, on the other hand, is tasked with ensuring that the provisions of the proclamation are effectively executed, as indicated in section 2(2). These roles delineate a clear chain of command and responsibility within the legislative process.
While the Act does not explicitly outline specific offences, penalties, or civil and criminal consequences for non-compliance, the nature of the Act suggests that failure to adhere to the directives of the Governor-General's proclamation or the Prime Minister's instructions could result in legal repercussions. Given the constitutional importance of the act, any deviation from the prescribed process could potentially be subject to judicial review or other legal actions to enforce compliance with the Act's provisions.