House of Representatives Committees

| House of Representatives Standing Committee on Legal and Constitutional Affairs

Footnotes

Chapter 1 Introduction

[1] Australia’s Constitution, Overview, Australian Government Solicitor and Parliamentary Education Office, Canberra June 2007, p.v

[2] This report uses the term ‘referendums’ for consistency with the Referendum (Machinery Provisions) Act 1984 (Cth).

[3] Australian Government, Guidelines on Campaign Advertising by Australian Government Departments and Agencies, available from: <www.finance.gov.au/advertising/guidelines-on-campaign-advertising.html>

[4] Australian Government, Guidelines on Campaign Advertising by Australian Government Departments and Agencies, available from < www.finance.gov.au/advertising/guidelines-on-campaign-advertising.html>

[5] Australian Government, Electoral Reform Green Paper: Strengthening Australia’s Democracy, September 2009, p. 5; available from: < www.pmc.gov.au/consultation/elect_reform/>

[6] Australian Government, Electoral Reform Green Paper: Strengthening Australia’s Democracy, September 2009, p. 2; available from: <www.pmc.gov.au/consultation/elect_reform/>

Chapter 2 History of the Yes/No pamphlet

[1] Lynette Lenaz-Hoare ‘The History of the “Yes/No” Case in Federal Referendums, and a Suggestion for the Future’, Australian Constitutional Convention 1984, Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, p. 86.

[2] Enid Campbell, Southey Memorial Lecture 1988, ‘Changing the Constitution - Past and Future’, University of Melbourne Law Review, Vol. 17, June 1989, p. 11.

[3] Lynette Lenaz-Hoare ‘The History of the “Yes/No” Case in Federal Referendums, and a Suggestion for the Future’, Appendix 5, Australian Constitutional Convention 1984, Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, p. 87.

[4] Enid Campbell, Southey Memorial Lecture 1988, ‘Changing the Constitution- Past and Future’, University of Melbourne Law Review, Vol. 17, June 1989, p. 11.

[5] William Hughes, Commonwealth Attorney-General, House of Representatives Hansard, 16 December 1912, p. 7154

[6] Lynette Lenaz-Hoare ‘The History of the “Yes/No” Case in Federal Referendums, and a Suggestion for the Future’, in Australian Constitutional Convention 1984, Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, p. 90

[7] Cheryl Saunders, ‘Referendum Procedures,’ in Australian Constitutional Convention 1984: Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, Appendix 7, pp 111-117.

[8] Cheryl Saunders, ‘Referendum Procedures,’ in Australian Constitutional Convention 1984: Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, Appendix 7, pp 111-117.

[9] Lynette Lenaz- Hoare, ‘The History of the “Yes/No” Case in Federal Referendums, and a Suggestion for the Future’, in Australian Constitutional Convention 1984, Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, p. 90

[10] Senator Gareth Evans, Commonwealth Attorney-General, Senate Hansard, Thursday 7 June 1984, p. 2765

[11] Senator Gareth Evans, Commonwealth Attorney-General, Senate Hansard, Thursday 7 June 1984, p. 2765.

[12] Reith v Morling (1988) 83 ALR 667.

[13] Mr Daryl Williams MP, Attorney-General, House of Representatives Hansard, Thursday 11 March 1999, p. 3761

Chapter 3 Current provisions - 1999 referendum

[1] Colin Howard, Australia’s Constitution, Ringwood Victoria: Penguin, 1985, p. 132.

[2] Julian Leeser, Transcript of Evidence, 14 October 2009, p. 9.

[3] Rod Cameron, Transcript of Evidence, 29 October 2009, p. 1.

[4] Cheryl Saunders, ‘Referendum Procedures,’ in Australian Constitutional Convention 1984: Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, Appendix 7, pp 111-117. For a more detailed account, see Lynette Lenaz-Hoare, ‘The History of the Yes/No Case in Federal Referendums, and a Suggestion for the Future’, Appendix 5, Report to Standing Committee, Australian Constitutional Convention Sub-Committee 1984, p. 89.

[5] Cheryl Saunders, ‘Referendum Procedures,’ in Australian Constitutional Convention 1984: Constitutional Amendment Sub-Committee, Report to Standing Committee, June 1984, Appendix 7, p. 113

[6] Colin Howard and Cheryl Saunders, ‘Constitutional Amendment and Constitutional Reform in Australia’ in R.L. Mathews (ed), Public Policies in Two Federal Countries: Canada and Australia’, Centre for Research on Federal Financial relation, Australian National University, Canberra, 1982, p. 75.

[7] Mr Daryl Williams MP, Attorney-General, House of Representatives Hansard, Thursday 11 March 1999, p. 3761.

[8] Lynette Lenaz-Hoare, ‘The History of the Yes/No Case in Federal Referendums, and a Suggestion for the Future’, Appendix 5, Report to Standing Committee, Australian Constitutional Convention Sub-Committee 1984, p. 85.

[9] Senator Gareth Evans, Commonwealth Attorney-General, Senate Hansard, Thursday 7 June 1984, p. 2765

[10] Senator Gareth Evans, Commonwealth Attorney-General, Senate Hansard, Thursday 7 June 1984, p. 2765

[11] Reith v Morling (1988) 83 ALR 667.

[12] Mr Daryl Williams MP, Attorney-General, House of Representatives Hansard, Thursday 11 March 1999, p. 3761.

[13] Nick Hobson, Submission 1, p. 1.

[14] The Referendum Legislation Amendment Act 1999 made both temporary and permanent amendments to the Machinery of Referendums Act.

[15] The panel was chaired by Sir Ninian Stephen and also included Professor Geoffrey Blainey, Dr Colin Howard QC, Professor Cheryl Saunders and Dr John Hirst.

[16] Professor John Warhurst, ‘From Constitutional Convention to Republic Referendum: A Guide to the Processes, the Issues and the Participants’, Research Paper 25 1998-99, Parliament of Australia, Parliamentary Library, 29 June 1999.

[17] Attorney-General, the Hon Daryl Williams MP, and Special Minister of State, the Hon Senator Chris Ellison, 'Guidelines for the YES and NO advertising campaign committees for the referendum on the republic', Joint News Release, 11 April 1999.

[18] Attorney-General Daryl Williams, Referendum Legislation Amendment Bill 1999, Second Reading Speech, 11 March 1999 , p. 3761

[19] Australian Electoral Commission, Submission 24, p. 17.

[20] See for instance Jennifer Williams, Submission 31, p. 1; Gilbert + Tobin Centre of Public Law, Submission 23, p. 2; Cheryl Saunders, Transcript of Evidence, 5 November 2009, p. 10.

[21] Colin Howard, Australia’s Constitution, Ringwood Victoria: Penguin, 1985, p. 132.

[22] Jennifer Williams, Submission 31, p. 1.

[23] Gilbert + Tobin Centre of Public Law, Submission 23, p. 2.

[24] Robert Willson, Submission 4, p. 1.

[25] Robert Vose, Submission 12, p. 1.

[26] Howard Nathan, Transcript of Evidence, 14 October 2009, p. 6.

[27] Cheryl Saunders, University of Melbourne, Transcript of Evidence, 5 November 2009, p. 10.

[28] Gilbert + Tobin Centre of Public Law, Submission 23, p. 2

[29] James Emmerig, Submission 27, pp 2-3.

Chapter 4 Alternatives and Suggestions for Change

[1] Australians for Constitutional Monarchy, Submission 16, para. 2.13.

[2] Howard Nathan, Transcript of Evidence, 14 October 2009, p. 15. Further into the roundtable discussion Mr Nathan indicated he thought the use of a referendum commission as an intermediary body had some merit: Transcript of Evidence, 14 October 2009, p. 22.

[3] Enid Campbell, Southey Memorial Lecture 1988 ‘Changing the Constitution- Past and Future’ p. 11.

[4] Anne Twomey, University of Sydney, Submission 11, p. 1.

[5] Glenn Patmore, Submission 26, p.3.

[6] George Williams, Transcript of Evidence, 14 October 2009, p. 13.

[7] Australian Electoral Commission, Submission 24, para 2.2.5, p. 8.

[8] Australians for Constitutional Monarchy, Submission 16, para. 2.13; Howard Nathan, Transcript of Evidence, 14 October 2009, p. 15. Further into the roundtable discussion Mr Nathan indicated he thought the use of a referendum commission as an intermediary body had some merit: Transcript of Evidence, 14 October 2009, p. 22.

[9] David Hetherington, Per Capita, Transcript of Evidence, 14 October 2009, p. 68.

[10] Professor George Williams, Transcript of Evidence, 14 October 2009, p. 13.

[11] Auspoll, Submission 32, Question 2; Tim Gartrell, Auspoll, Transcript of Evidence, 14 October 2009, p. 53.

[12] John Williams, Faculty of Law, University of Adelaide, Transcript of Evidence, 5 November 2009, p. 32.

[13] Paul Dacey, Australian Electoral Commission, Transcript of Evidence, 14 October 2009, p. 65.

[14] Australian Electoral Commission, Submission 24, para 2.3.2, p. 13.

[15] Australian Electoral Commission, Submission 24, para 2.3.4, p. 14.

[16] John Williams, University of Adelaide, Transcript of Evidence, 5 November 2009, p. 32.

[17] Women for an Australian Republic, Submission 30, para 3, p. 2 and Rethink Australia, Submission 29, p. 3.

[18] Gilbert + Tobin Centre of Public Law, Submission 23, p. 6.

[19] Paul Kildea, Gilbert + Tobin Centre of Public Law, Transcript of Evidence, 14 October 2009, p. 63.

[20] Adrienne Stone, University of Sydney, Transcript of Evidence, 14 October 2009, p. 21.

[21] George Williams, Transcript of Evidence, 14 October 2009, p. 13.

[22] Faculty of Law, University of Adelaide, Submission 25, p. 4.

[23] Australian Electoral Commission, Submission 24, para 2.2.7, p. 8.

[24] Australian Electoral Commission, Submission 24, para 2.3.5, p. 14.

[25] Janette Hartz-Karp and Lyn Carson, Submission 2I, pp. 1-2.

[26] Gilbert + Tobin Centre of Public Law, Submission 23, p. 5.

[27] Anne Twomey, University of Sydney, Submission 11, p. 2.

[28] Gilbert + Tobin Centre of Public Law, Submission 23, p. 5-6.

[29] Australian Electoral Commission, Submission 24, para 2.2.17, pp 11-12.

[30] Gilbert + Tobin Centre of Public Law, Submission 23, p. 5.

[31] Anne Twomey, University of Sydney, Submission 11, p. 3.

[32] Siobhán McCann, ‘Referendum: Reflections on the Preamble’, Alternative Law Journal, 2000, Vol. 8.

[33] Some of the original text has not been included in the quote: Jennifer Williams, Submission 31, p. 3.

[34] Faculty of Law, University of Adelaide, Submission 25, p. 3.

[35] Cheryl Saunders, University of Melbourne, Transcript of Evidence, 5 November 2009, p. 6.

[36] See for instance Gilbert + Tobin Centre of Public Law, Submission 23; Faculty of Law, University of Adelaide, Submission 25; Anne Twomey, Submission 11.

[37] George Williams, Transcript of Evidence, 14 October 2009, p. 12.

[38] Gilbert + Tobin Centre of Public Law, Submission 23, p. 5.

[40] Anne Twomey, Submission 11, p. 3.

[41] Australian Government, Guidelines on Campaign Advertising by Australian Government Departments and Agencies, June 2008, available from: <www.finance.gov.au/advertising/docs/guidelines_on_campaign_advertising.pdf>

[42] Rod Cameron, ANOP Research Services, Transcript of Evidence, 29 October 2009, p. 9.

[43] George Williams, Transcript of Evidence, 14 October 2009, pp 13-14.

[44] Australian Electoral Commission, Submission 24, para. 2.2.2.

[45] Australian Electoral Commission, Submission 24, para. 2.2.2.

[46] Jennifer Williams, Submission 31, p. 1.

[47] Information design is an area of professional expertise devoted to clear and eloquent visual solutions of complex data; it employs systems such as hierarchy and navigation to maximise information, access and comprehension: Jennifer Williams, Submission 31, p.4, see footnote 7.

[48] Jennifer Williams, Submission 31, p. 2.

[49] Jennifer Williams, Submission 31, p. 2.

[50] Jennifer Williams, Submission 31, p. 2.

[51] Australian Electoral Commission, Submission 24, para 3.1.3, p. 15.

[52] David Flint, Samuel Griffith Society, Transcript of Evidence, 14 October 2009, p. 36.

[53] Faculty of Law, University of Adelaide, Submission 25, p. 2.

[54] Julian Leeser, Transcript of Evidence, 14 October 2009, p. 32.

[55] Australian Electoral Commission, Submission 24, para 3.2.10, p. 19.

[56] Peter Brent, Democratic Audit of Australia, Transcript of Evidence, 22 October 2009, p. 16.

[57] Howard Nathan, Transcript of Evidence, 14 October 2009, p. 49 and Civil Liberties Australia, Submission 22, para 3.2, p. 6.

[58] Australian Electoral Commission, cited at para. 10.3.29 in submission 147 to the Joint Standing Committee on Electoral Matters Inquiry, The 2001 Federal Election, see note 59 below. Original reference in submission 32(d) to the Joint Standing Committee on Economic Matters, Inquiry into the conduct of the 1987 Federal election and 1988 referendums.

[59] Australian Electoral Commission, Submission 147 to the Joint Standing Committee on Electoral Matters Inquiry, The 2001 Federal Election, available from: <www.aph.gov.au/house/committee/em/elect01/index.htm>

[60] George Williams, Transcript of Evidence, 14 October 2009, p. 6.

[61] Michael Millet, Australian Broadcasting Corporation, Transcript of Evidence, 14 October 2009, p. 49.

[62] Australian Electoral Commission, Submission 24, para 3.2.13, p. 19.

[63] Rod Cameron, Transcript of Evidence, 29 October 2009, p. 6, Cheryl Saunders, Centre for Comparative Constitutional Studies, Transcript of Evidence, 5 November 2009, p. 6.

[64] Tim Gartrell, Auspoll, Transcript of Evidence, 14 October 2009, pp 52 and 72.

[65] Cheryl Saunders, Centre for Comparative Constitutional Studies, University of Melbourne, Transcript of Evidence, 5 November 2009, p. 6.

[66] Australian Electoral Commission, Submission 24, para 3.2.6, p. 17.

[67] Australian Government Electoral Reform Green Paper- Strengthening Australia’s Democracy, September 2009, p. 2, available at <www.pmc.gov.au/consultation/elect_reform/strengthening_democracy/docs/strengthening_australias_democracy.pdf>

[68] Gilbert + Tobin Centre of Public Law, Submission 23, p. 6.

[69] Women for an Australian Republic, Submission 30, para 12, p. 3.

[70] Faculty of Law, University of Adelaide, Submission 25, p. 2.

[71] George Williams, Transcript of Evidence, 14 October 2009, p. 32.

[72] Paul Dacey, Australian Electoral Commission, Transcript of Evidence, 14 October 2009, p. 81.

[73] George Williams, Transcript of Evidence, 14 October 2009, p. 72.

[74] Rodger Hills, Rethink Australia, Submission 29, p. 3.

[75] Michael Maley, Australian Electoral Commission, Transcript of Evidence, 14 October 2009, p. 51.

[76] Paul Dacey, Australian Electoral Commission, Transcript of Evidence, 14 October 2009, p. 73.

[77] Australian Electoral Commission, Submission 24, para 3.2.2, p. 16.

[78] Australian Electoral Commission, Submission 24, para 3.2.3, p. 17.

[79] Paul Dacey, Australian Electoral Commission, Transcript of Evidence, 14 October 2009, p. 82.

[80] Australian Local Government Association, Submission 21, p. 6.

[81] Glenn Patmore, Submission 26, p. 6.

[82] Paul Kildea, Gilbert + Tobin Centre of Public Law, Transcript of Evidence, 14 October 2009, p. 9.

[83] Kerry Jones, Constitution Education Fund- Australia, Transcript of Evidence, 14 October 2009, pp 50-51.

[84] Lucas Walsh, Foundation for Young Australians, Transcript of Evidence, 14 October 2009, p. 70.

[85] George Williams, Transcript of Evidence, 14 October 2009, p. 69.

[86] Australian Government, Electoral Reform Green Paper, Strengthening Australia’s Democracy, para 9.3, p. 127.

[87] Australian Local Government Association, Submission 21, p. 11.

[88] Glenn Patmore, Transcript of Evidence, 5 November 2009, p 63.

[89] Michael Millet, Australian Broadcasting Corporation, Transcript of Evidence, 14 October 2009, p. 73.

[90] Gilbert + Tobin Centre of Public Law, Submission 23, pp 5-6.

[91] Gilbert + Tobin Centre of Public Law, Submission 23, p. 5.

[92] Janette Hartz-Karp and Lyn Carson, Submission 20, pp. 1-2.

[93] Janette Hartz-Karp and Lyn Carson, Submission 20, pp. 2-3.

[94] Lucas Walsh, Foundation for Young Australians, Transcript of Evidence, 14 October 2009, p. 48.

[95] Paul Kildea, Gilbert + Tobin Centre of Public Law, Transcript of Evidence, 14 October 2009, pp 58-59.

[96] Lyn Carson, University of Sydney, Transcript of Evidence, 14 October 2009, p. 57.

[97] Lyn Carson, University of Sydney, Transcript of Evidence, 14 October 2009, p. 57.

[98] Kerry Jones, Constitution Education Fund- Australia, Transcript of Evidence, 14 October 2009, p. 94.

[99] George Williams, Transcript of Evidence, 14 October 2009, p. 93.

[100] See Reith v Morling (1988) 83 ALR 667.

[101] Nick Hobson, Submission 1, p. 1; see also Robert Vose, Submission 12, p. 3.

[102] See for instance Gilbert + Tobin Centre of Public Law, Submission 23, p. 4.

[103] Faculty of Law, University of Adelaide, Submission 25, p. 5. Alternatively, the submission argued that the States should have an equivalent restriction on expenditure. A similar argument is made by Graeme Orr, Submission 2, p. 2. The question of whether the Commonwealth could restrict State funding in this way was discussed at the roundtable in Sydney on 14 October 2009 at page 39 of the transcript and at the public hearing in Melbourne on 5 November 2009 at page 44.

[104] Family Voice Australia, Submission 7, p. 4.

[105] Australian Local Government Association, Submission 21, p. 9.

[106] David Flint, Samuel Griffiths Society, Transcript of Evidence, 14 October 2009, p. 4.

[107] See for instance, Australians for Constitutional Monarchy, Submission 16, at para 3.2; Civil Liberties Australia, Submission 22, at para. 2.7. See also the comments of David Flint, Transcript of Evidence, 14 October 2009, p. 4.

[108] Australians for Constitutional Monarchy, Submission 16, para. 3.7.

[109] Adrian Beresford-Wylie, Australian Local Government Association, Transcript of Evidence, p. 2.

[110] George Williams, Transcript of Evidence, 14 October 2009, p. 43.

Chapter 5 Committee Comment and Recommendations

[1] This is consistent with the purpose of the provision as articulated by Jennifer Williams, Submission 31, p. 1.

[2] Parliament of Australia, Joint Standing Committee on Electoral Matters, Civics and Electoral Education, May 2007, p. 60. Available at: <www.aph.gov.au/house/committee/em/education/report.htm>

[3] Michael Maley, Australian Electoral Commission, Transcript of Evidence, 14 October 2009, p. 26.

Dissenting Report

[1] Cheryl Saunders, Transcript of Evidence, 5 November 2009, p. 5.

[2] House of Representatives Standing Committee on Legal and Constitutional Affairs, A Time for Change: Yes/No? Report into the Machinery of Referendums, Recommendation 9, p. 64, December 2009.

[3] Rod Cameron, Transcript of Evidence, 29 October 2009, p. 1.