Referendums in Australia - Federal Referendums

Federal Referendums

In Australia, national referendums are polls held to approve Parliament-proposed changes to the Australian Constitution. Voting in a referendum is compulsory for those on the electoral roll, in the same way that it is compulsory to vote in an Australian general election. As of 2012, 44 referendums have been held, of which only 8 have been carried.

The Constitution specifies (Section 128) that alterations to itself cannot be made without a referendum. A bill containing the amendment must first be passed by both houses of parliament or, in certain limited circumstances, by only one house of parliament. If the bill has only been passed in one house, the Governor-General must, under the 'deadlock provision' of section 128, then decide whether or not to submit the referendum to the people. By convention, this is done on the advice of the Prime Minister. Since the Prime Minister normally controls the House of Representatives, the effect of this convention is to make it virtually impossible for a referendum to be put to the people if approved by the Senate, but not the House. In 1974, four proposals were put to the people by the Whitlam government without the support of the Senate. Two of the four proposals had been twice rejected by the Senate, a third had been rejected once and failed to pass a second time, the fourth had been twice amended by the Senate.

If the bill to alter the Constitution is approved by both houses or satisfies the deadlock provision, the bill is submitted to the electors for approval. If the bill is approved by an absolute majority of both houses, the constitution provides that it must be submitted to the electors within 2 to 6 months of passage. There is no similar time limitation if the bill is approved by one House of the Commonwealth Parliament only.

In order to pass a referendum, the bill must ordinarily achieve a double majority: a majority of those voting throughout the country, as well as separate majorities in each of a majority of states (4 of 6). In certain circumstances, where any state or states are affected by a referendum then a majority of voters in those states must also agree to the change. This is often referred to as the "triple majority" rule. Prior to the 1977 referendum, residents within the Northern Territory (NT) and the Australian Capital Territory (ACT) did not vote at referendums. Since 1977, voters in the ACT and the NT must vote in referendums, however their votes are only counted towards the national total and not against the totals of any of the states.

Residents of Australia's external territories do not vote in referendums as they currently do not have separate representation in the House of Representatives.

When a referendum question is carried, it is presented for the Royal Assent, given in the monarch's name by the Governor-General.

Similar to a referendum is a plebiscite, which is conducted by the government to decide a matter relating to ordinary statute law, an advisory question of policy, or as a prelude to the submission of a formal referendum question, rather than a binding and entrenched alteration (amendment) to the Constitution. Plebiscites can offer a variety of options, rather than a simple yes/no question. Three plebiscites have occurred as of 2010. Unlike in referendums, voting in a plebiscite has traditionally been optional.

In 1998 the Howard government amended the Flags Act 1953, requiring a referendum to change the Flag of Australia. There is some debate over the constitutional validity of this legislation, since it involves Parliament acting to bind its own legislative power.