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Question 1

What does s 128 of the Constitution arguably not cover?

Answer 1

Covering clauses in the Commonwealth of Australia Constitution Act.

Question 2

What can alter the preamble of the Cth of Australia Constitution Act

Answer 2

s 15 of the Australia Acts 1986

Question 3

How can a referendum proposal be passed

Answer 3

• Absolute majority in each House of the Cth Parliament
• Absolute majority in noe house, where the other rejects it or fails to pass it, or with unacceptable amendments, and after 3 months the same occurs again, then submitted by GG to a referendum

Question 4

How can the HoR precent the Senate putting something to a referendum?

Answer 4

GG acts on ministerial advice

Question 5

When can the referendum be put to the people

Answer 5

Not less than 2 and not more than 6 months after passage

Question 6

Who cannot initiate a referendum

Answer 6

People or the States

Question 7

When will there be no ‘no’ case

Answer 7

When no parliamentarian voted against the referendum bill when it passed through

Question 8

Is voting in referenda compulsory

Answer 8

Yes by statute

Question 9

Can a referendum be called off even if the bill is passed

Answer 9

Yes

Question 10

When will a referendum be passed

Answer 10

Double majority, majority of voted and majority of states

Question 11

Once approved by double majorities is the proposal law?

Answer 11

No it must be presented to the GG for assent

Question 12

What is a special requirement for State approval

Answer 12

Where the decision affects a certain state, a majority of the electors voting in the State must approve the law

Question 13

What are the 8 successful referenda

Answer 13

1) Shifting of Senate terms to start 1/7 rather than 1/1
2) Commonwealth power to take over State debts
3) Power for Commonwealth to enter into financial agreements with States
4) Power for Commonwealth to make laws with respect to maternity, widows, child endowment, unemployment, pharmaceutical, healthcare, students and family allowances
5) Power for Cth to make laws in respect to Aboriginal people and repeal of s 127 of Constitution
6) Filling of Senate vacancies with same party
7) Territory voters in national referendum count
8) Compulsory retirement of judges at 70

Question 14

What are some reasons for the failure of referenda? (9)

Answer 14

1) Proposal ill-considered or poorly explained
2) Lack of knowledge about Constitution
3) Voters are wary of entrenching things in Constitution
4) Status quo over change
5) Advantages to Cth government, public distrust
6) Unfair
7) Question has too many parts
8) Failure of referendum = governmental defeat for opposition
9) States do not like increasing Cth power

Question 15

What is the only way to entrench matters at the Commonwealth level?

Answer 15

Include them in Constitution (or maybe the Australia Acts)

Question 16

What is the Cth Parliament legislative power subject to

Answer 16

s 51 (xxxvII) and s 51 (xxxviii)

Question 17

Why can’t the Cth Parliament require a special majority for amendment of laws

Answer 17

Contrary to ss 23 and 40 of the Constitution

Voting in Senatqe and HoR

Question 18

In what year did all references to Aboriginal people in the Constitution get removed and how?

Answer 18

1967, repeal of s 127 and amendment of race power in s 51 (xxvi)

Question 19

What did the Council for Aboriginal Reconciliation report in 2000

Answer 19

A referendum to recognise Indigenous people in Constitution in new preamble, repeal s 25 and insert new provision prohibiting discrimination on grounds of race

Question 20

What did the Expert Panel appointed in 2012 by Gillard propose

Answer 20

Repeal s 25
Repeal s 51(xxvi)
Insertion of new s 51A to give power to Parliament to make laws with respect to indigenous
Insertion of anti-racial discrimination s 116A
Insertion of new s 127A recognising Aboriginal and Torres Straight Islander languages as national language (in addition to English)

Question 21

What did Uluru 2017 decide

Answer 21

No need for recognition in preamble as it was seen to be inconsistent with Aboriginal claims to sovereignty
s 25 abandoned
s 51A abandoned
s 51(xxvi) left alone as iconic
Section 116A was supported in seven of the regional dialogues,
whereas the voice to the Parliament was supported by all of them.

Question 22

What did Uluru 2017 report

Answer 22

1. That the Constitution be amended to provide for a representative
   body that gives Aboriginal and Torres Strait Islander First Nations a Voice to the Commonwealth Parliament. s 60A
2. That an extra-constitutional Declaration of Recognition be enacted by legislation passed by all Australian Parliaments, ideally on the same day