- Source: 1946 Australian referendum (Marketing)
The Constitution Alteration (Organised Marketing of Primary Products) Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth explicit power to make laws for the organised marketing of primary products and to exempt it from the freedom of interstate trade requirement of section 92 of the constitution. It was put to voters for approval in a referendum held on 28 September 1946.
Question
Do you approve of the proposed law for the alteration of the Constitution entitled "Constitution Alteration (Organised Marketing of Primary Products) 1946"?
The proposal was to insert into section 51 the following:51. The Parliament shall, subject to this Constitution, have Legislative power to make laws for the peace, order, and good government of the Commonwealth with respect to:
...
(i.A.) Organized marketing of primary products;
...
(2.) The power of the Parliament to make laws under paragraph (i.A.) of the last preceding sub-section may be exercised notwithstanding anything contained in section ninety-two of this Constitution.
Results
Discussion
This was the third occasion in which the commonwealth sought power to enact legislative schemes for the marketing of agricultural produce, having been unsuccessful in 1937 and 1944.
For a referendum to approve an amendment of the constitution, it must ordinarily achieve a double majority: approved by a majority of states (i.e., four of the six states) as well as a majority of those voting nationwide. This was the second of five referendums (as of October 2021) to achieve an overall majority, but fail the requirement of a majority of states.
See also
Politics of Australia
History of Australia
References
Further reading
Standing Committee on Legislative and Constitutional Affairs (1997) Constitutional Change: Select sources on Constitutional change in Australia 1901–1997 Archived 5 June 2011 at the Wayback Machine. Australian Government Printing Service, Canberra.
Bennett, Scott (2003). Research Paper no. 11 2002–03: The Politics of Constitutional Amendment Archived 16 February 2012 at the Wayback Machine Australian Department of the Parliamentary Library, Canberra.
Australian Electoral Commission (2007) Referendum Dates and Results 1906 – Present AEC, Canberra.
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