Commonwealth Franchise Act 1902 | |
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Parliament of Australia | |
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Citation | No. 8 of 1902 |
Territorial extent | States and territories of Australia |
Royal assent | 12 June 1902 |
Introduced by | Senator Hon Richard O'Connor (Prot) |
Amended by | |
1905, 1906, 1909, 1911 | |
Repealed by | |
Commonwealth Electoral Act 1918 | |
Status: Repealed |
The Commonwealth Franchise Act 1902(Cth) was an Act of the Parliament of Australia which set out who was entitled to vote in Australian federal elections. The Act established, in time for the 1903 Australian federal election, suffrage for federal elections for those who were British subjects over 21 years of age who had lived in Australia for six months. The Act excluded natives of Australia, Asia, Africa and the Pacific Islands (other than New Zealand) from the federal franchise, unless they were already enrolled to vote in an Australian state. The Act gave Australian women the right to vote and stand for parliament at the federal level unless they fell into one of the categories of people excluded from the franchise.
The Act was repealed and replaced by the Commonwealth Electoral Act 1918.
Before the Federation of Australia in 1901, Australia consisted of six colonies, each with its own voting system and franchise. After federation, the colonies became states with the constitutional power to determine their own voting system and franchise. Women were excluded from the vote in all states except South Australia and Western Australia. In Western Australia, Indigenous Australians, Asians and Africans were excluded from voting unless they met a property qualification. [1] In Queensland, 'Aboriginal natives of Australia, India, China or the South Sea Islands' could not vote unless they met a property qualification. [2]
Section 41 of the Constitution of Australia governed how the first federal election in 1901 was to be conducted. It provided that any person who was enrolled and eligible to vote in a State election could also vote in a federal election, whereas this Act defined the franchise for federal elections nationally. The bill was introduced into the Senate by Richard O'Connor, the Vice-President of the Executive Council, and later in the House of Representatives by the Minister for Home Affairs, William Lyne. [2] It is one of the few major pieces of legislation to be introduced in the Senate before the House.
The Act originally had only five sections. The main provision was section three, which provided that electors in a federal election were to be naturally born British subjects over twenty-one years of age, male or female, married or single, who had lived in Australia for at least six months, and who were on the electoral roll in any federal electoral division. [3] Therefore, women gained the right to vote in federal elections even if they were not enfranchised in their state. [4] [2]
Section 4 of the Act made a range of disqualifications from the general definition in section 3. People who had at any time been convicted of treason could not vote. A person who was under sentence or awaiting sentence for any offence which could be punished by imprisonment for one year or longer (under the law of Australia, or of the United Kingdom, or of any other Dominion of the Empire) was also not allowed to vote. People of "unsound mind" were also disqualified. Indigenous people of Australia, Asia, Africa and the Pacific Islands (excluding New Zealand) were not entitled to enroll to vote in a federal election unless they were already enrolled in a state and met the requirements of Section 41 of the Australian Constitution. [5]
Section 41 of the constitution provides that no adult person with a right to vote at an election for a state parliament can be prevented by any law of the Commonwealth from voting at a federal election. [6] This section was subsequently interpreted narrowly to mean that only those who were enrolled to vote in state elections before the passing of the Act had their right to vote protected under this section of the constitution. [2] [7]
Section 44 of the constitution disqualifies a range of people from being elected to the House of Representatives or the Senate, such as any person with an allegiance to a foreign power (such as a citizen of another country), or anyone who is bankrupt or insolvent. However, these people were not prevented from voting by the Act.
Section 5 of the Act provided that no person could vote more than once at an election. [8]
Women in the four states without female suffrage achieved the right to vote in Commonwealth elections under Section 3 of this Act. [4]
The provision on female suffrage was subject to lengthy debate. Some politicians were concerned that allowing women to vote would discriminate in favour of married men, since, in the words of Sir Edward Braddon, "the married man, happy in his family, whose wife's vote is one which he can command… will have two votes." [lower-alpha 1] Much of the opposition to the granting of women's suffrage in the Act was grounded in the belief that, in the words of William Knox, "the main ambition of a woman's life should be to become the wife of an honourable and honest man." [lower-alpha 2] However, there was much support for granting the vote to women, and the bill was approved by large majorities in both houses of parliament. [2]
The Barton government originally intended that Aboriginal Australians should have the right to vote in federal elections, but the proposal met strong opposition in parliament. Senator George Pearce argued that pastoralists in areas with large Indigenous populations could manipulate Indigenous people to vote for particular candidates. Most of the opponents of an Indigenous federal franchise, however, claimed that Aboriginal Australians were not fit to vote in elections or stand for parliament. [2] During the parliamentary debates over the Act, King O'Malley said, "An Aboriginal is not as intelligent as a Māori. There is no scientific evidence that he is a human being at all." [9]
The bill was amended in light of this opposition and the Act disqualified natives of Australia, Asia, Africa and the Pacific Islands (except New Zealand Māori ) from voting in federal elections, unless they were entitled under section 41 of the constitution. [10] The exclusion of "coloured" immigrants from the franchise was in line with the White Australia policy which had widespread parliamentary and community support. [11] The exception for Māori was supported by parliamentarians on the grounds that Māori had the vote in New Zealand and were "highly civilised". [2]
The Act established a First-past-the-post voting system, postal voting and absent voting at the federal level. [12] [13] In 1908, a permanent electoral roll was established and in 1911, it became compulsory for all eligible voters to enroll on the electoral roll. Compulsory enrolment led to a large increase in voter turnout, even though voting was still voluntary. [14] From 1912, elections have been held on Saturdays. [15]
In 1918, the Act was repealed and replaced by the Commonwealth Electoral Act 1918. Many of the present features of the Australian electoral system were introduced after the 1918 Act came in force. Instant-runoff voting was introduced for the House of Representatives in 1918, compulsory voting was introduced in 1924, and the single transferable vote was introduced for the Senate in 1949. All Indigenous Australians were granted the right to vote at federal elections in 1962. The qualifying voting age was lowered to 18 in 1973.
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments in Westminster democracies are responsible to parliament rather than to the monarch, or, in a colonial context, to the imperial government, and in a republican context, to the president, either in full or in part. If the parliament is bicameral, then the government is usually responsible first to the parliament's lower house, which is more representative than the upper house, as it usually has more members and they are always directly elected.
Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums. In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called full suffrage.
Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the "one person, one vote" principle. For many, the term universal suffrage assumes the exclusion of the young and non-citizens. At the same time, some insist that more inclusion is needed before suffrage can be truly universal. Democratic theorists, especially those hoping to achieve more universal suffrage, support presumptive inclusion, where the legal system would protect the voting rights of all subjects unless the government can clearly prove that disenfranchisement is necessary. Universal full suffrage includes both the right to vote, also called active suffrage, and the right to be elected, also called passive suffrage.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly and the 22-seat Legislative Council. General elections are held every 4 years, with all of the lower house and half of the upper house filled at each election. It follows a Westminster system of parliamentary government with the executive branch required to both sit in parliament and hold the confidence of the House of Assembly. The parliament is based at Parliament House on North Terrace in the state capital of Adelaide.
Women's suffrage – the right of women to vote – has been achieved at various times in countries throughout the world. In many nations, women's suffrage was granted before universal suffrage, in which cases women and men from certain socioeconomic classes or races were still unable to vote. Some countries granted suffrage to both sexes at the same time. This timeline lists years when women's suffrage was enacted. Some countries are listed more than once, as the right was extended to more women according to age, land ownership, etc. In many cases, the first voting took place in a subsequent year.
Government in Australia is elected by universal suffrage and Australian women participate in all levels of the government of the nation. In 1902, the newly formed Commonwealth of Australia became the first nation on earth to enact equal suffrage, enabling women to both vote and stand for election alongside men Women have been represented in Australian state parliaments since 1921, and in the Federal Parliament since 1943. The first female leader of an Australian State or Territory was elected in 1989, and the first female Prime Minister took office in 2010. In 2019 for the first time, a majority of members of the Australian Senate were women. At the time of its foundation in 1901, and again from 1952 to 2022, Australia has had a female monarch as ceremonial Head of State, while the first female Governor of an Australian State was appointed in 1991, and the first female Governor-General of Australia took office in 2008.
The Commonwealth Electoral Act 1918 is an Act of the Australian Parliament which continues to be the core legislation governing the conduct of elections in Australia, having been amended on numerous occasions since 1918. The Act was introduced by the Nationalist Party of Billy Hughes, the main purpose of which was to replace first-past-the-post voting with instant-runoff voting for the House of Representatives and the Senate. The Labor Party opposed the introduction of preferential voting. The Act has been amended on several occasions since.
King v Jones was an Australian court case decided in the High Court of Australia on 1 September 1972. It concerned section 41 of the Australian Constitution, and whether that section gave a person who had the right to vote in elections in South Australia the right to vote in elections at a federal level. The main issue in the case was the meaning of the words "adult person" in section 41. The court decided that those words only applied to people who had attained the age of 21. A more significant issue, whether section 41 is a guarantee or a transitional provision, was considered briefly in this case.
R v Pearson; Ex parte Sipka, was a landmark Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the federal level by a federal law which closed registration to vote on the day that the writs of election were issued. The court decided that they could, adopting a narrow interpretation of section 41, and therefore finding that there is no express constitutional right to vote in Australia.
Section 41 of the Australian Constitution is a provision within Chapter I, Part IV of the Constitution of Australia. It deals with the right of electors of States. During the time of federation, section 41 was used to ensure that no one that was enfranchised under the Constitution would be disenfranchised by the introduction of a replacement statutorily-defined franchise. Modern case law—specifically those since R v Pearson; Ex parte Sipka in 1983—have concluded that this section no longer has any actual effect, and that no express right to vote in Australia can be inferred from it.
The voting rights of Indigenous Australians became an issue from the mid-19th century, when responsible government was being granted to Britain's Australian colonies, and suffrage qualifications were being debated. The resolution of universal rights progressed into the mid-20th century.
Maori voting rights in Australia have an unusual history compared to voting rights for other non-white minorities. Male Māori Australians were first given the vote through the Commonwealth Franchise Act 1902, which specifically limited voting enrollment to persons of European descent, and aboriginal natives of New Zealand, in an effort to allay New Zealand's concerns about joining the Federation of Australia. During the parliamentary debates over the Act, leading Labor Party member King O'Malley supported the inclusion of Māori, and the exclusion of Aboriginal Australians, in the franchise, arguing that "An aboriginal is not as intelligent as a Māori."
Black suffrage refers to black people's right to vote and has long been an issue in countries established under conditions of black minorities as well as, in some cases black majorities.
The principles of the current Constitution of South Australia, also known as the South Australian Constitution, which includes the rules and procedures for the government of the State of South Australia, are set out in the Constitution Act 1934. Its long title is "An Act to provide for the Constitution of the State; and for other purposes".
Women's suffrage in Australia was one of the early achievements of Australian democracy. Following the progressive establishment of male suffrage in the Australian colonies from the 1840s to the 1890s, an organised push for women's enfranchisement gathered momentum from the 1880s, and began to be legislated from the 1890s, decades in advance of Europe and North America. South Australian women achieved the right to vote in 1894, and to stand for office in 1895 following the world first Constitutional Amendment Act 1894. This preceded even male suffrage in Tasmania. Western Australia granted women the right to vote from 1899, although with racial restrictions. In 1902, the newly established Australian Parliament passed the Commonwealth Franchise Act 1902, which set a uniform law enabling white British women resident in Australia to vote at federal elections and to stand for the federal parliament. By 1908, the remaining Australian states had legislated for women's suffrage for state elections. Grace Benny was elected as the first councillor in 1919, Edith Cowan the first state Parliamentarian in 1921, Dorothy Tangney the first Senator and Enid Lyons the first Member of the House of Representatives in 1943.
Suffrage in Australia is the voting rights in the Commonwealth of Australia, its six component states and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885, and by 1902 most Australian residents who were not of European descent were explicitly or effectively excluded from voting and standing for office, including at the Federal level. Such restrictions had been removed by 1966. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years, excluding some prisoners and some people with disabilities.
Section 25 of the Constitution of Australia is a provision of the Constitution of Australia headed "Provision as to races disqualified from voting" and providing that "For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted."
McGinty v Western Australia was a significant case decided in the High Court of Australia in 1996. The plaintiffs sought to enshrine the principle of ‘one vote, one value’ in the Australian Constitution, and has had a significant impact on how the High Court approaches matters of the franchise, as well as malapportionment. The plaintiff's submissions were unanimously rejected by the court, who found that the interpretation of sections 7 and 24 of the Australian Constitution did not require that all votes hold the same value. The High Court exercised its original jurisdiction in hearing the matter, meaning that the case did not need to proceed as an appeal from the Supreme Court of Western Australia.
The Constitutional Amendment Act 1894 was an Act of the Parliament of South Australia to amend the South Australian Constitution Act 1856 to include women's suffrage. It was the seventh attempt to introduce voting rights for women and received widespread public support including the largest petition ever presented to the South Australian parliament. The proposed legislation was amended during debate to include the right of women to stand for parliament after an opponent miscalculated that such a provision would cause the bill to be defeated. Once passed, South Australia become the fourth state in the world to give women the vote and the first to give women the right to be elected to parliament.
...Commonwealth Electoral Act 1902...Postal vote available to: electors more than 5 miles (8 kilometres) from the polling place for which they are enrolled... Absent vote available to electors to allow voting at any polling place within the division or within the State...