Damon Mcknight
A referendum in Australian government is a vote on a proposed change to the Australian Constitution. It is the only way to change the Australian Constitution, and it cannot be altered without 'the approval of the people'. Referendums are held on a Saturday, and it is compulsory by law for all eligible Australian citizens aged 18 and older to enrol and vote. To pass a referendum, the bill must achieve a ''double majority', meaning a majority of those voting nationwide, as well as separate majorities in a majority of states (i.e., 4 out of 6 states).
| Characteristics | Values |
|---|---|
| Purpose | Vote on a proposed change to the Australian Constitution |
| Frequency | 45 proposals since Federation, of which 8 have been carried |
| Voter eligibility | Compulsory for all eligible citizens aged 18 and older |
| Voting methods | In-person, postal, or at Australian embassies or consulates-general |
| Ballot format | Voters write 'Yes' or 'No' to indicate approval or disapproval of the proposal |
| Majority required | Double majority: a national majority and a majority in a majority of states (4 out of 6) |
| Timing | Earliest date is the first Saturday at least two months and 33 days after the bill is passed |
| Blackout period | No broadcasting of referendum ads during the referendum blackout period |
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What You'll Learn
How to vote in a referendum
In Australia, a referendum is a vote on a proposed change to the Australian Constitution. It is the only way to change the Australian Constitution, meaning that the constitution cannot be altered without 'the approval of the people'. Before a referendum can be held, a bill outlining the proposed changes to the constitution must be passed by both houses of the Federal Parliament, or alternatively, it can be passed twice in either the House of Representatives or the Senate.
Voting in a referendum is compulsory for all eligible Australian citizens aged 18 and older. If you are already enrolled to vote in federal elections, you do not need to enrol again to vote in a referendum. Polling day for a referendum will be held on a Saturday, with polling places open from 8 am to 6 pm. Voters should vote on polling day if they can. For those who cannot make it, there will be early voting centres and postal voting available.
To vote in a referendum, each person's name will be marked off the electoral roll, and they will be given a ballot paper. Voters should write 'Yes' on their ballot paper if they approve of the proposed change to the Constitution or 'No' if they do not. It is important to clearly write either 'Yes' or 'No' opposite the question on the ballot paper, as required by the instructions. Any other marks or words may result in your vote being deemed informal or open to interpretation.
Referendum ads cannot be broadcast on TV or radio during referendum blackout periods. However, this restriction does not apply to online services and print media.
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The Australian Constitution
A referendum is a formal process where Australian citizens vote on a proposed change to the Constitution. This procedure is outlined in Section 128 of the Constitution, which specifies that alterations cannot be made without a public vote. The referendum provides a mechanism for direct democracy, allowing the people to have a say in the fundamental rules that govern their nation.
To initiate a referendum, a bill outlining the proposed changes must first be passed by both houses of the Federal Parliament. Alternatively, under certain conditions, the bill can be passed twice in either the House of Representatives or the Senate. This step ensures that the proposed changes have sufficient support among lawmakers before being presented to the public.
Once the bill has passed this parliamentary hurdle, the Governor-General issues a writ for a referendum, which is typically held on a Saturday. The referendum ballot paper includes the proposed alteration, along with arguments for and against it prepared by members of parliament. Voters then express their preference by writing 'Yes' or 'No' on the ballot paper.
For a referendum to pass and bring about a constitutional amendment, it must achieve a "double majority". This means that it requires the approval of a majority of voters nationwide, as well as separate majorities in at least four out of six states. This "double majority" provision gives smaller states a significant say in the process, ensuring that constitutional changes reflect a broad consensus across the country.
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The role of the AEC
The Australian Electoral Commission (AEC) is an independent statutory authority responsible for the machinery of the referendum. The AEC has no involvement with the campaigns for or against the proposed changes to the Constitution.
The AEC's role in the referendum process is to ensure that the vote is conducted fairly and that all eligible Australian citizens have the opportunity to participate. This includes publishing the arguments for and against the proposed change, as well as the proposed change itself, and sending this information to all households with an enrolled voter. The AEC also sets up polling places at schools and other public buildings around the country and facilitates postal voting.
On polling day, AEC staff are responsible for marking off each person's name on the electoral roll and providing them with a ballot paper. The AEC ensures that voters' intentions are clear and that any ballot papers that do not conform to the instructions, such as using a tick or check mark instead of writing "Yes" or "No," may be deemed informal and may not be counted.
After the voting has concluded, the AEC collects and counts the ballot papers, applying the relevant formality rules. The AEC Divisional Returning Officer has the authority to decide on the formality of a ballot paper if challenged. Once the count is complete, the AEC announces the results of the referendum, indicating whether the proposed change has been approved by the required double majority.
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Plebiscites
In Australia, a plebiscite is a national vote on a question that does not affect the Constitution. Plebiscites are also known as advisory referendums and are used to decide on national issues that do not require a change to the Australian Constitution.
As of 2017, there have been four national plebiscites held in Australia. Two of these, in 1916 and 1917, were on conscription and failed to win a majority. The third, in 1977, was on changing the national anthem, and the fourth, in 2017, was a postal survey on same-sex marriage.
The process of holding a plebiscite begins with the Australian parliament authorizing the plebiscite through an enabling bill. This bill sets out the purpose of the plebiscite and must be passed by a majority of MPs or the government of the day.
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Referendum advertising rules
A referendum in Australian government is a vote on a proposed change to the Australian Constitution. The only way to change the Australian Constitution is by holding a referendum, meaning that the constitution cannot be altered without "the approval of the people". To pass a referendum, a double majority is required: a majority of those voting nationwide, as well as separate majorities in at least four out of six states.
Now, here is some information on the advertising rules for referendums in Australia:
The Referendum (Machinery Provisions) Act 1984 outlines the key rules for campaigning in a referendum. One fundamental rule is that public money must not be used to campaign for either the 'Yes' or 'No' side. In other words, public funds must not be used to present "the argument in favour" or "the argument against" the proposed amendment. However, this rule does not prevent the Australian Electoral Commission (AEC) from releasing advertisements about the referendum process, such as reminding people to update their enrolment or that voting is compulsory.
Additionally, all TV and radio referendum advertisements must include the 'required particulars' information. For radio, this information is spoken at the end of the ad, while for TV, it is both spoken and displayed as text at the end. The specific details that must be included in these advertisements are outlined in the Broadcasting Services Act, the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021, and the Referendum (Machinery Provisions) Act.
It is important to note that there are weak financial disclosure rules for referendum campaigns. While donations above the threshold of $15,200 must be disclosed to the AEC, details about donations below this threshold do not need to be disclosed. Furthermore, there is no real-time reporting, and disclosure is not due until 15 weeks after the referendum voting day.
Interestingly, there is no rule requiring campaigners to be truthful in their advertisements. It is perfectly legal to spread misinformation or tell outright lies about the proposed constitutional amendment, similar to the rules for federal election campaigns.
Furthermore, there is a blackout period for referendum advertisements, similar to that for election ads. No referendum ads can be shown from the end of the Wednesday before polling day until the close of the poll on polling day.
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Frequently asked questions
A referendum in Australia is a vote on a proposed change to the Australian Constitution. The only way to change the Australian Constitution is by holding a referendum, meaning that the constitution cannot be altered without 'the approval of the people'.
Before a referendum is held, arguments for and against the proposed change are prepared by members of parliament. The Australian Electoral Commission (AEC) publishes these arguments together with the proposed change and sends them to all households with an enrolled voter. Voting in a referendum is similar to voting in a federal election, with polling places set up at schools and other public buildings. It is compulsory by law for all eligible Australian citizens aged 18 and older to enrol and vote in referendums. Voters write 'Yes' on their ballot paper if they approve of the proposed change, and 'No' if they do not.
Since multiple referendum questions are often asked on the same ballot, there have only been 20 separate occasions that the Australian people have voted on constitutional amendments. There have been 45 proposals for constitutional change put to Australian electors since Federation, of which 8 have been carried.
