Bills Digest no. 81 1977
Constitution Alteration (Referendums) 1977
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This Digest was prepared for debate. It reflects the legislation as introduced
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CONTENTS
Passage History
Purpose
Summary
Contact Officer & Copyright Details
Passage History
Constitution
Alteration (Referendums) 1977
Date introduced: 16 February 1977
House: House of Representatives
Purpose
The purpose of the proposed law is to
alter section 128 of the Constitution so that the electors in Territories
may vote at referendums to alter the Constitution.
Summary
The first and second paragraphs of section
128 of the Constitution provide that proposed laws to alter the Constitution
shall, after the Parliamentary processes described in those paragraphs
have been completed, be submitted to the electors “in each State”.
The proposed law alters these paragraphs by inserting after the words
“in each State” the words “and Territory”.
The Territories concerned are those that
at any stage are represented in the House of Representatives and a
new paragraph is inserted to that effect. If, under section 122 of
the Constitution a law was made providing for the representation of
a Territory other than by direct vote of the people, the people of
that Territory would not be entitled to vote at referendums under
section 128 because both the first and second paragraphs will now
refer to the submission of the proposed law to “the electors in each
State and Territory who are qualified to vote for the election of
the House of Representatives”.
Law and Government Group
17 February 1977
Bills Digest Service
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ISSN 1328-8091
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