3.2.4 Impact of Referendum on Division of Power Flashcards
Referendums have had:
Little impact on the division of law-making powers.
… out of the … successful referendums have had a impact on the division of powers
4 out of 8
There have only been … out of … successful referendums
8 out of 44
1967 Referendum:
Held to give the Commonwealth Parliament the ability to make laws in relation to Indigenous people and add them to the Census. S.127 was deleted. And some words of S.51 (xxvi) were amended.
1967 Referendum received:
A 91% majority across Australia, and a majority of voters in 6 out of 6 states
Prior to 1967:
Law-making power in relation to Indiginous Australians was a Residual Power
1967 Referendum gave the power to make laws in relation to Aborigines:
To the Commonwealth as a Specific power, and thus a Concurrent power.
1967 changed the division of power:
Increase in Commonwealth power
Decrease in State power
Every successful referendum :
Has increased the Commonwealth’s power
The 1977 Referendum:
62% majority, but only 3 out of 6 states