1913 Australian referendum (Trade and Commerce)

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1913 Australian Trade and Commerce referendum
Flag of Australia (converted).svg
31 May 1913 (1913-05-31)

Do you approve of the proposed law for the alteration of the Constitution entitled —

"Constitution Alteration (Trade and Commerce) 1912" ?
Results
Choice
Votes %
Check-71-128-204-brightblue.svg Yes958,41949.38%
Light brown x.svg No982,61550.62%
Valid votes1,941,03495.58%
Invalid or blank votes89,7364.42%
Total votes2,030,770100.00%
Registered voters/turnout2,760,21673.57%

The Constitution Alteration (Trade and Commerce) Bill 1912, [1] was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to extend Commonwealth legislative power in respect to trade and commerce.

Contents

Issues

The "Yes" Case

The "No" Case

Question

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Trade and Commerce) 1912'?

The proposal was to alter the text of section 51 of the Constitution to read as follows: [2]

51. The Parliament shall, subject to this Constitution, have Legislative power to make laws for the peace, order, and good government of the Commonwealth with respect to:

(i.) Trade and commerce with other countries, and among the Statesbut not including trade and commerce upon railways the property of a State, except so far as it is trade and commerce with other countries or among the States:

Results

The referendum was not approved by a majority of voters, and a majority of the voters was achieved in only three states. [3] [4]

Result [3] [4]
StateElectoral rollBallots issuedForAgainstInformal
Votes %Votes %
New South Wales1,036,187717,855317,84846.93359,41853.0739,333
Victoria830,391626,861297,29049.12307,97550.8821,268
Queensland363,082280,525146,18754.34122,81345.6611,304
South Australia244,026195,46396,08551.3291,14448.688,017
Western Australia179,784132,14966,34952.8659,18147.146,286
Tasmania106,74680,39834,66045.1642,08454.843,528
Total for Commonwealth2,760,2162,033,251958,41949.38982,61550.6289,736
ResultsObtained majority in three states and an overall minority of 24,196 votes.Not carried

Discussion

The 1911 referendum asked a single question that dealt with trade and commerce, corporations and industrial matters. This resolution separated each of those matters into a different question. Like its forebear, none of these resolutions were carried. On each of the many occasions a similar question was asked at a referendum the public decided not to vest power in the Commonwealth over these matters. [4] However, although many at the time felt strongly about the need for the Commonwealth to have limited control over commerce between the states, the High Court eventually gave much of the power to Commonwealth indirectly through later decisions, thus effectively removing the need for the Constitution to be changed anyway.[ citation needed ]

See also

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References

  1. "Constitution Alteration (Trade and Commerce) Bill 1912" . Retrieved 22 April 2019 via legislation.gov.au.
  2. "Notification of the receipt of a Writ for a Referendum". Commonwealth of Australia Gazette. No. 30. 25 April 1913. pp. 1097–8 via www.legislation.gov.au.
  3. 1 2 "Result of the Referendum". Commonwealth of Australia Gazette. No. 55. 2 August 1913. p. 1792 via www.legislation.gov.au.
  4. 1 2 3 Handbook of the 44th Parliament (2014) "Part 5 - Referendums and Plebiscites - Referendum results". Parliamentary Library of Australia.

Further reading