Ruqayyah Snyder
Communism has been a contentious issue in Australia, with a significant history of attempts to suppress and outlaw it. In 1950, Liberal Prime Minister Menzies introduced the Communist Party Dissolution Act, declaring the Australian Communist Party unlawful and confiscating its property. This sparked an intense referendum campaign in 1951, seeking to alter the Constitution to empower Parliament to make laws against communism. Despite initial support, the referendum failed to pass, with voters rejecting the proposed ban. Australia's experience with communism and the efforts to eradicate it have left a lasting impact on the nation's politics and continue to shape its democratic processes.
| Characteristics | Values |
|---|---|
| Date of referendum to ban the Communist Party | 22 September 1951 |
| Referendum result | Not carried |
| Referendum voter turnout | 50.56% |
| Referendum voter approval | 49.44% |
| Referendum voter disapproval | 50.56% |
| Newspaper editorial stance on referendum | 12 in support, 2 neutral, 1 against |
| Political party stance on referendum | Liberal Party in support, Labor Party against |
| Political party response to referendum result | Liberal Party disappointed, Labor Party relieved |
| Legislation attempting to ban communism | Communist Party Dissolution Act 1950 |
| Legal status of Communist Party Dissolution Act 1950 | Ruled unconstitutional by High Court |
| Legal status of communism in Australia | Not banned |
| Government response to High Court ruling | Attempted to change Constitution through referendum |
| Government motivation for anti-communist policies | Fear of communist infiltration of Labor Party, coal miner strikes, and nationalisation of banks |
| Government actions towards communists prior to referendum | Prosecution under Crimes Act provisions, imprisonment for sedition |
| Communist Party actions during 'illegal period' | Underground publication and distribution of literature, sale of property and distribution of funds, exile of leadership |
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What You'll Learn
The Communist Party Dissolution Act 1950
Communism has been a contentious issue in Australia, especially during the Cold War era. In 1949, coal miners went on strike, supported by the Communist Party and various unions, which led to a breakdown in bargaining between the unions and the government. This, along with the attempted nationalisation of Australian banks in 1948 and a Queensland rail strike in the same year, raised concerns among politicians like Robert Menzies that communist ideas were infiltrating the Labor Party.
Menzies, who became the prime minister after the 1949 federal election, vowed to destroy communism in Australia. In May 1950, he presented the Communist Party Dissolution Act 1950, which was passed by the Australian Parliament. The Act banned the Communist Party of Australia and allowed the Governor-General to declare individuals or bodies, such as trade unions, as communist threats to national security.
The referendum was held on September 22, 1951, and it failed to pass. Despite initial support, the "No" campaign, led by Opposition Leader HV Evatt, successfully opposed what was perceived as an attempt to establish a police state in Australia. The failure of the referendum reflected the difficulty of obtaining an affirmative vote from the Australian people on constitutional changes, as noted by Menzies himself.
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The 1951 referendum to ban the Communist Party
The referendum question appeared on the ballot as follows: "Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Powers to Deal with Communists and Communism) 1951'?" The referendum was called in response to the High Court's ruling that the Communist Party Dissolution Act 1950, which had passed both houses of Parliament, was unconstitutional. The Act allowed the Governor-General to declare a person or body, such as a trade union, to be communist and a threat to national security.
The referendum was not carried, with the 'Yes' vote receiving 49.44% of the national vote and only being approved by three states: Queensland, Tasmania, and Western Australia. The narrow rejection of the proposed change to the Constitution was a critical moment for freedom in Australia. It reflected the Australian people's wisdom in defeating a referendum that could have compromised their freedoms.
The lead-up to the referendum was marked by anti-communist sentiment and the conflation of militant unionism and strike action with communism. The Communist Party of Australia had gained prominence in trade unions and cultural and literary circles, with membership peaking at around 20,000 after World War II. The 1951 referendum was a key moment in Cold War Australia, and the bitterness of the campaign influenced Australian politics for the next 20 years.
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The Communist Party of Australia
The CPA was heavily involved in the labour movement and trade unions, with its membership, popularity, and influence growing significantly during the interwar period. It reached its peak in 1945, with a membership of over 22,000, making it the largest communist party in Anglophone countries on a per-capita basis. Despite this, the party never achieved a federal MP, although Fred Paterson was elected to the Parliament of Queensland in 1944.
In the late 1940s, concerns arose about communist infiltration of the Labor Party, particularly after the 1948 Queensland rail strike. In 1951, a referendum was held to alter the Constitution and give Parliament the power to make laws against communism and communists. This referendum was not carried, reflecting the Australian people's resistance to an outright ban on communism.
Despite the failed referendum, the CPA faced periods of illegality and repression. During World War II, the Party operated underground, publishing literature and maintaining its existence through front organisations. The Party leadership went into hiding, and state security forces arrested members for impeding Australia's war efforts.
The CPA's influence declined steadily after its peak in 1945. By the late 1960s, the party's vote share fell into single digits, and it was eventually dissolved in 1989.
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Communist ideas in the Labor Party
In the post-World War II era, membership in the Communist Party of Australia surged, peaking at around 20,000 members. Communists also became prominent in trade unions, cultural circles, and literary circles. Following the attempted nationalisation of Australian banks in 1948, Opposition Leader Robert Menzies grew concerned that communist ideas were infiltrating the Labor Party. A Queensland rail strike in the same year further cemented this belief.
Menzies, who dominated the Coalition Cabinet, was determined to destroy communism in Australia, not merely control it. He vowed that if elected, he would outlaw communism. The Menzies government, like its Labor predecessors, used Crimes Act provisions to prosecute individual communists, extending the Crimes Act and Defence Act powers to imprison communists for sedition for extended periods.
In 1951, a referendum was held in Australia, seeking to alter the Constitution to empower Parliament to make laws regarding communism and communists. The referendum question was: "Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Powers to deal with Communists and Communism) 1951'?". The Labor Party campaigned for a No vote, with Opposition Leader HV Evatt vigorously campaigning against what he perceived as Menzies' attempt to establish a police state in Australia. Ultimately, the referendum was not carried.
Despite the failed referendum, the Communist Party continued to face repression and surveillance from the state. Party literature was published from underground locations and widely distributed, and the Party's national leadership went undercover. The Party maintained its existence through the work of front organisations, even as state security forces arrested fifty of its members.
While the sources do not explicitly mention specific communist ideas within the Labor Party, the presence of communists within the party and their prominent roles in trade unions and cultural circles suggest that communist ideas likely influenced the Labor Party's policies and positions.
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Anti-communism in Australian politics
Australia has a history of anti-communist sentiment in its politics, particularly during the Cold War. In 1950, Liberal Prime Minister Robert Menzies introduced the Communist Party Dissolution Act, which declared the Australian Communist Party unlawful, dissolved the party, and confiscated its property without compensation. The Act also allowed the government to declare persons and organisations as communists, prohibiting those individuals from working for the government or in certain industries. This Act was ruled unconstitutional by the High Court in 1951, as it was deemed beyond the power of the Parliament to suppress an organisation in a time of peace.
Despite the High Court ruling, Menzies remained committed to destroying communism in Australia, and his government used Crimes Act provisions to prosecute individual communists, imprisoning them for extended periods on charges of sedition. Menzies also sought to change the Australian Constitution to give Parliament explicit power to deal with communism. A referendum was held in 1951, asking voters: "Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Powers to deal with Communists and Communism) 1951'?". The referendum failed to pass, with only 49.44% of voters approving the change.
The attempted Communist Party ban and the continued anti-communist sentiment had a significant influence on Australian politics for the next two decades. Menzies' Coalition Cabinet dominated the political landscape, and militant unionism and strike action were often conflated with communism and punished accordingly. During this period, the Communist Party continued to operate underground, with party literature distributed from secret locations, and members arrested by state security forces.
While there is no specific law in Australia that makes communism illegal, the historical context demonstrates a strong anti-communist stance in the country's politics, particularly during the Cold War era. The fear of communism influenced legislation, political campaigns, and the treatment of unions and strike actions.
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Frequently asked questions
No, communism is not illegal in Australia. In 1950, Liberal Prime Minister Menzies introduced the Communist Party Dissolution Act, which declared the Australian Communist Party unlawful and confiscated its property without compensation. However, in 1951, the High Court ruled that the Act was unconstitutional and invalid.
The Communist Party Dissolution Act of 1950 was a law introduced by the Australian government that declared the Communist Party of Australia unlawful. The Act also allowed the government to confiscate property and declare persons and organisations as communists.
Yes, on September 22, 1951, a referendum was held in Australia to alter the Constitution and give Parliament the power to make laws regarding communism and communists. The referendum was not carried, with only 49.44% of voters approving the change.
