Other Sections of The Australian Constitution and The Census and Statistics Power
Section 24 of the Australian Constitution says the number of members in the House of Representatives per state will be based on the based on quotas based on population, which will be based on "the latest statistics of the Commonwealth" (s. 24(i)) and s. 24(ii)). Section 24 envinces a clear intention that the Commonwealth would use Section 51(xi) to conduct census and collect information, rather than leaving the matter to the states.
Section 127 of the Australian Constitution stated that "Aboriginal natives" should not be counted in the census. This section was removed by a referendum to amend the constitution that was held in 1967.
Section 127 uses the word "census" - the language of s. 51(xi) - rather than "the latest statistics of the Commonwealth" used in Section 24. However, on a purposive approach, the debates at the Constitutional Conventions showed the clear purpose of section 127 was to limit section 24. Section 127 operated to prevent the number of Aboriginals being used in the calculations for the number of members of the House of Representatives. Section 127 was quite a narrow provision, in that it did not use the word "statistics". Accordingly, section 51(xi) still allowed the Commonwealth had the power to collect statistics on Aboriginal people which it, in fact, did according population numbers.
Read more about this topic: Section 51(xi) Of The Australian Constitution
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