Australian referendum, 1911 (Trade and Commerce)
Constitution Alteration (Legislative Powers) 1910 was an Australian referendum held in the 1911 referendums which sought to alter the Australian Constitution to extend the Commonwealth power in respect of trade and commerce, the control of corporations, labour and employment and combinations and monopolies. All of the proposed changes were contained within the one question.
Question
Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Legislative Powers) 1910'?
The proposal was to alter the text of section 51 of the Constitution to read as follows:[1]
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 States:- ...
- (xx.)
Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth:
- Corporations, including
- (a) the creation, dissolution, regulation, and control of corporations ;
- (b) corporations formed under the law of a State (except any corporation formed solely for religious, charitable, scientific or artistic purposes, and not for the acquisition of gain by the corporation or its members), including their dissolution, regulation, and control ; and
- (c) foreign corporations, including their regulation and control :
- ...
- (xxxv.)
Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State:
- Labour and employment, including
- (a) the wages and conditions of labour and employment in any trade industry or calling; and
- (b) the prevention and settlement of industrial disputes, including disputes in relation to employment on or about railways the property of any State':
- ...
- (xl.) Combinations and monopolies in relation to the production, manufacture, or supply of goods or services.
Results
The referendum was not approved by a majority of voters, and a majority of the voters was achieved in only one state, Western Australia.[2][3]
State | On rolls | Ballots issued | For | Against | Informal | |||
---|---|---|---|---|---|---|---|---|
Votes | % | Votes | % | |||||
New South Wales | 868,194 | 384,188 | 135,968 | 36.11 | 240,605 | 63.89 | 7,396 | |
Victoria | 723,377 | 448,566 | 170,288 | 38.64 | 270,390 | 61.36 | 7,554 | |
Queensland | 293,003 | 162,135 | 69,552 | 43.75 | 89,420 | 56.25 | 3,002 | |
South Australia | 216,027 | 133,802 | 50,358 | 38.07 | 81,904 | 61.93 | 1,374 | |
Western Australia | 138,697 | 61,482 | 33,043 | 54.86 | 27,185 | 45.14 | 870 | |
Tasmania | 102,326 | 58,053 | 24,147 | 42.11 | 33,200 | 57.89 | 673 | |
Total for Commonwealth | 2,341,624 | 1,248,226 | 483,356 | 39.42 | 742,704 | 60.58 | 20,869 | |
Results | Obtained majority in one State and an overall minority of 259,348 votes. |
Discussion
This was the first of many times that similar questions were asked at a referendum. On every occasion the public decided not to vest power in the Commonwealth over these matters.[3]
See also
- Huddart, Parker & Co Ltd v Moorehead [1909] HCA 36, (1909) 8 CLR 330
- Politics of Australia
- History of Australia
References
- ↑ "Notification of the receipt of a Writ for a Referendum". Commonwealth of Australia Gazette (17). 19 March 1911. pp. 759–60 – via www.legislation.gov.au..
- ↑ "Result of the Referendum". Commonwealth of Australia Gazette (49). 21 June 1911. p. 1579 – via www.legislation.gov.au..
- 1 2 3 Handbook of the 44th Parliament (2014) "Part 5 - Referendums and Plebiscites - Referendum results". Parliamentary Library of Australia..
Further reading
- Select sources on constitutional change in Australia 1901-1997. Part 2 - History of Australian Referendums (PDF). Commonwealth of Australia. 24 March 1997. ISBN 0644484101.
- Handbook of the 44th Parliament (2014) "Part 5 - Referendums and Plebiscites". Parliamentary Library of Australia.
- Bennett, Scott (2003). "Research Paper no. 11 2002–03: The Politics of Constitutional Amendment". Canberra: Parliamentary Library of Australia..
- Australian Electoral Commission (2007) Referendum Dates and Results 1906 – Present AEC, Canberra.