Australia, national Obligatory referendum [LOR] - Mode of altering the Constitution (2)
- Obligatory referendum [LOR]
- Political level
- Local Name:
- Mode of altering the Constitution (2)
- Normative Level:
- Legally Binding:
- Legally Defined:
Mode of altering the Constitution.
128. This Constitution shall not be altered except in the following manner:
When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.
And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent.
No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.
In this section, "Territory" means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.
References: Constitution of Australia, 1985, (Accessed 22.01.2020)
- Subject Matter:
To amend the constitution (2 of 3),
- Parliament : Absolute Majority in both chambers of the House of Parliament
- Decision maker:
- Available Time:
- Turnout Quorum:
- Legal source does not mention turnout quorum
- Approval Quorum:
- Majority of the electorate
- Geographical Quorum:
- Majority of the States majority of the electors plus Majority of the electors in the specific state
- Excluded Issues:
This instrument only applies for:
Alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto
- Other Formal Requirements:
Voting is compulsory
- Wording Of Ballot Question:
- Interaction With Authorities:
- Supervision And Support:
- Transparency And Finance: