Initiation of Constitutional Change by Voters
I, .. the undersigned, of (address)
.. ..
.. ..
a Senate /*House of Representatives candidate for election in the electorate of
.
do /*do not pledge to support, in the next two sessions of Parliament, a Bill to conduct a referendum to delete Section 128 of our Constitution and to substitute the following;
Chapter VIII. Alteration of the Constitution
128. This Constitution shall not be altered except in the following manner: -
A. Proposals for alteration of this Constitution shall be submitted to the electors qualified to vote for the election of the House of Representatives. 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 Queens 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.
[The above represents no change to the current referendum system.]
B. Proposals for alteration may be initiated by the Parliament or the People as follows:
(1) The Parliament.
The proposed law for alteration of the Constitution must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of the House of Representatives. But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it
with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made oragreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives. [Sub-paragraph B (1) represents no change to
arrangements existing in the Constitution.](2) The People.
Any Citizen or group of Citizens eligible to vote for the election of the House of Representatives may initiate a proposal for change to the Constitution. In the first instance a proposal must be forwarded to the Office of the Commonwealth Parliamentary Draftsman and must be accompanied by a sum equal to six times Average Weekly Earnings (AWE). This sum shall be refunded if the proposed alteration is approved in the subsequent referendum. The Parliamentary Draftsman shall prepare a Petition in consultation with the initiator. The Petition shall include the proposed alteration of this Constitution and shall not be opened for signature by electors without the consent of the initiator. On receipt of such a Petition signed by one per cent of the electors qualified to vote for the election of the House of Representatives, and verified by the Electoral Commissioner, the Governor-General shall within twelve months submit the proposal to referendum.
[Sub-paragraph B (2) above is the proposed change.
The involvement of the Parliamentary Draftsman at a very early stage in the process is considered necessary to ensure that the proposed amendment is framed in an appropriate way, and that alterations to the wording will not be required before the amendment can be put to referendum or incorporated into the Constitution.
The fee of six times Average Weekly Earnings ($5500 in 2004) is included to discourage frivolous proposals.
1% of eligible voters equates to about 130,000 signatures.)
Signed
Witnessed by (Signature)
. .
Name
Of (address)
on this . day of , 2004
Please mail completed pledge form to Foundation for National Renewal, PO Box 82, Woombye Qld 4559Authorised and printed by B. Jenkins, 12 San Domingo Close, Safety Bay 6169 for Simpol Australia