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PROPOSED CONSTITUTIONAL CHANGES

Proposed Constitutional Changes
  1. Section 106 of the Commonwealth Constitution

  2. Section 15 (1) of the Australia Acts 1986 (Cwlth & UK)


 

Proposed Change to Section 106 of the Commonwealth Constitution

Existing Section 106 of the Australian Constitution

106.

The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

Proposed Section 106 of the Australian Constitution

106
  1. The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

  2. The Constitution of each State shall not be altered except in the following manner:

    1. A proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament of a State before being submitted to the electors qualified to vote for the election of members of the Legislative Assembly or House of Assembly of that State as the case may be.

    2. When a proposed law to alter the Constitution of a State is submitted to the electors the vote shall be taken in such manner as each State Parliament prescribes.

    3. And if a majority of the electors voting approve the proposed law, it shall be presented to the Governor for the Sovereign's assent.

Reasons for the Proposed Amendment

Enhances Australia's democracy overall and confirms total sovereignty of the people of a State over their State Parliament by:

Ensuring that existing State Constitutions can only be changed by a State referendum, and

Ensuring that any new State entering the Federation will have a properly controlled Constitution that can only be changed by the people of that new State.

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Proposed Change to Section 15 (1) of both the Australia Act 1986 (Cth) and the Australia Act 1986 (UK)
(This proposed change would be accomplished by the Commonwealth Parliament pursant to the Commonwealth Parliaments's authority under Section 15 (3) of the Australia Acts.)

Existing Section 15 (1) of the Australia Acts

15 (1)

This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory, may be repealed or amended by an Act of the Parliament of the Commonwealth passed at the request or with the concurrence of the Parliaments of all the States and, subject to subsection (3) below, only in that manner.

Proposed Amendment to 15 (1) of the Australia Acts

15 (1) This Act or the Statute of Westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the Commonwealth, of a State or of a Territory, may be repealed or amended by an Act of the Parliament of the Commonwealth passed at the request or with the concurrence of the Parliaments of all the States, with such provisions having been approved by a majority of voters in each of the States, and, subject to subsection (3) below, only in that manner.

Reasons for the Proposed Amendment

Enhances Australia's democracy overall and confirms total sovereignty of the people of the Commonwealth over the Commonwealth Constitution by:

Confirming once and for all that The Constitution Act which contains the Commonwealth Constitution can not be repealed or amended by the Commonwealth and State legislatures repealing or amending Section 8 of the Statute of Westminster without the will of the people,

Preventing the Commonwealth and State Parliaments from repealing or amending Section 9 of the Statute of Westminster without the will of the people thereby protecting the authority of the States and preserving the Federation, and

Ensuring that the combined Commonwealth and States Parliaments can not repeal or amend section 1 of the Australia Act 1986 (Cth) and the Australia Act 1986 (UK) thereby preventing further legislative involvement in Australia's affairs by the United Kingdom Parliament without the will of the Australian people.

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