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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Constitution Alteration
(Electors’ Initiative, Fixed Term Parliaments and Qualifications of
Members) 2000
No. ,
2000
(Senator
Murray)
A Bill for an Act to alter the
Constitution to provide a method of altering the Constitution on the initiative
of the electors, to change the terms of service of senators and the duration of
the House of Representatives and to change the provisions relating to the
qualifications of members of Parliament
Contents
A Bill for an Act to alter the Constitution to provide a
method of altering the Constitution on the initiative of the electors, to change
the terms of service of senators and the duration of the House of
Representatives and to change the provisions relating to the qualifications of
members of Parliament
The Parliament of Australia, with the approval of the
electors, as required by the Constitution, enacts:
This Act may be cited as the Constitution Alteration (Electors’
Initiative, Fixed Term Parliaments and Qualifications of Members)
2000.
The Constitution is altered as set out in the Schedules.
1 Section 128
Omit “except in the following manner:”, substitute
“except as provided by this Chapter:”.
2 After section 128
Insert, in Chapter VIII:
A person who is, or a group of persons each of whom is, qualified to vote
for the election of members of the House of Representatives for a State or
Territory may be registered by the Australian Electoral Commission as the
proponent, or the proponents, of a proposal to amend the Constitution.
The proponent or proponents so registered may present to the Australian
Electoral Commission a petition, addressed to the Governor-General to cause to
be put to the people by way of referendum the proposed law to amend the
Constitution endorsed on, or attached to, the petition.
A proposed law to alter the Constitution shall contain an alteration, or
alterations, necessary to achieve a single purpose only.
The Australian Electoral Commission shall cause to be printed copies of
the petition and forms for signature by electors who wish to sign the petition
and shall furnish the copies and forms to the proponent, or proponents,
concerned.
During the period of 6 months commencing on a date determined by the
Australian Electoral Commission, being a date not less than 7 days after the
copies and forms are so forwarded, the petition may be signed by any elector in
a State or Territory who was qualified to vote for the election of a member of
the House of Representatives at the general election that last preceded the date
so fixed.
Where, at the expiration of that period of 6 months, the petition has
been duly signed by electors to a number not less than 5 per centum of the
number of electors who voted at that general election, the proponent or
proponents may present the petition and signatures to the Australian Electoral
Commission.
If the Australian Electoral Commission is, after random sampling of the
signatures to the petition, satisfied that it was signed as so required during
that period, it shall present the petition to the Governor-General.
The Governor-General shall, subject to this section, at the next general
election of the House of Representatives, submit the proposed law endorsed on or
attached to the petition to the electors in each State and Territory qualified
to vote for the election of the House of Representatives.
Paragraphs 3, 4, 5 and 6 of section 128 apply to the proposed law as if
the proposed law had been agreed to by both Houses of the Parliament.
The Australian Electoral Commission may arrange for argument in favour
of, or against, the proposed law, prepared by a person, or body of persons, to
be furnished, at the expense of that person or body, to electors.
At any time during the period of 6 months previously referred to, the
Attorney-General or any other person qualified to vote for the election of the
House of Representatives may make application to the Federal Court of Australia
for a declaration that the proposed law is not in the appropriate form or does
not seek to change the Constitution in a manner that is practicable or legally
effective and, if the Court makes the declaration, the petition shall be treated
as having no force or effect.
The Parliament may make laws with respect to matters incidental to the
alteration of the Constitution as provided in this section.
In this section, a reference to the Australian Electoral Commission
includes a reference to any person or body that, for the time being, has
responsibility for the administration of electoral laws in substitution for that
Commission.
1 First paragraph of section
5
Omit “, and may in like manner dissolve the House of
Representatives”.
2 After section 5
Insert:
(1) If the House of Representatives, in pursuance of a motion of which not
less than twenty-four hours’ notice has been given in accordance with the
rules and orders of the House made in pursuance of section 50 of this
Constitution, passes a resolution (in this section referred to as a
“resolution of no confidence”) expressing a lack of confidence in
the Prime Minister and the other Ministers of State for the Commonwealth, the
Governor-General shall, subject to subsections (2) and (3), by Proclamation or
otherwise, dissolve the House on the eighth day after the day on which the
resolution of no confidence is passed unless the House has sooner
expired.
(2) The Governor-General shall not dissolve the House of Representatives
in pursuance of subsection (1) if, after the passing of the resolution of no
confidence and before the eighth day after the day on which that resolution is
passed, the House passes a further resolution declaring that, if a person named
in the resolution were to be appointed by the Governor-General as Prime
Minister, that person and the other Ministers of State for the Commonwealth who
might be appointed on the advice of that person would have the confidence of the
House, and that person agrees to be appointed as Prime Minister.
(3) The Governor-General shall not dissolve the House of Representatives
in pursuance of subsection (1) if:
(a) after the passing of the resolution of no confidence and before the
passing of such a further resolution as is mentioned in subsection (2), the
Prime Minister resigns and a person is appointed as Prime Minister by the
Governor-General; and
(b) after the appointment of the Prime Minister and before the eighth day
after the day on which the resolution of no confidence is passed the House
passes a further resolution declaring that the Prime Minister and the Ministers
of State for the Commonwealth appointed on the advice of the Prime Minister have
the confidence of the House.
(4) The Governor-General is not empowered to dissolve the House of
Representatives except in accordance with this section or section 57 of this
Constitution.
Calling together of House of Representatives
(5) Where a meeting of the House of Representatives is not fixed to take
place within 7 days after the day on which a resolution of no confidence is
passed, the House shall be called together to meet within 7 days after that
day.
3 First and second paragraphs of section
7
Repeal the paragraphs, substitute:
The Senate shall be composed of senators for each State, directly chosen
by the people of the State, voting as one electorate.
4 Fourth paragraph of section
7
Omit “senators shall be chosen for a term of six years, and
the”.
5 At the end of the first sentence in section
9
Add “and shall provide for proportional
representation”.
6 Second paragraph of section
9
Omit “The Parliament”, substitute “Subject to this
Constitution, the Parliament”.
7 Sections 12 and 13
Repeal the sections, substitute:
Subject to sections 13, 15 and 57 of this Constitution, the
Governor of a State shall cause writs to be issued for elections of senators for
the State not earlier than 30 days before the day on which the places to be
filled are expected to become vacant or, if the places to be filled have become
vacant, not later than 10 days after the day on which the places to be filled
become vacant.
(1) Subject to this Constitution, the term of service of a senator for a
State who has been chosen otherwise than at the election next following a
dissolution of the Senate and the House of Representatives begins on the day of
his or her election or the day on which the place that he or she was chosen to
hold becomes vacant, whichever is the later, and expires:
(a) at the expiration of the last Thursday in the October fourth occurring
after the day on which that term of service began; or
(b) if there is an earlier dissolution of the Senate, upon that
dissolution.
(2) The term of service of a senator for a State who has been chosen at
the election next following a dissolution of the Senate and the House of
Representatives begins on the day of his or her election and expires:
(a) at the time at which the House of Representatives would have expired
if it had not been dissolved; or
(b) if there is an earlier dissolution of the Senate, upon that
dissolution.
(3) Where a House of Representatives expires, an election of senators
shall be held on the same day as the general election of members of the next
House of Representatives.
(4) Where a House of Representatives is dissolved in pursuance of section
5A of this Constitution not more than 3 months before the day on which that
House would have expired if it had not been dissolved, an election of senators
to fill the places of senators whose terms expire on that day shall be held on
the same day as the general election of members of the House of Representatives
next following the dissolution.
(5) The term of service of a senator for a State (other than a senator
appointed by the Governor of the State) who is holding office at the
commencement of Schedule 2 of the Constitution Alteration (Electors’
Initiative, Fixed Term Parliaments and Qualifications of Members) 2000 shall
expire at the time at which the House of Representatives that is in existence at
that commencement would, if not sooner dissolved, expire or, if there is an
earlier dissolution of the Senate, upon that dissolution.
(6) If:
(a) a senator for a State holding office at the commencement of Schedule 2
of the Constitution Alteration (Electors’ Initiative, Fixed Term
Parliaments and Qualifications of Members) 2000 was appointed by the
Governor of a State in consequence of the place of a senator chosen by the
people of a State having become vacant; or
(b) the place of a senator chosen by the people of a State was vacant at
that commencement and had become so vacant in circumstances in which section 15
of this Constitution applies;
the term of service of the senator whose place so became vacant shall, for
the purposes of section 15 of this Constitution, be deemed to be, and to have
been, the period for which that senator would have held his place, in accordance
with subsection (5) of this section, if his place had not become
vacant.
Repeal the section, substitute:
(1) A House of Representatives shall, unless sooner dissolved, continue
from the first meeting of that House until the expiration of:
(a) if the last preceding House expired, the last Thursday in the October
fourth occurring after the day of the expiry of that last preceding
House;
(b) if the last preceding House was dissolved more than 3 months before
the day on which it would have expired if it had not been dissolved, the day on
which that last preceding House would have expired if it had not been dissolved;
or
(c) if the last preceding House was dissolved not more than 3 months
before the day on which it would have expired if it had not been dissolved, the
last Thursday in the October fourth occurring after the day on which that last
preceding House would have expired if it had not been dissolved.
(2) After the expiry of a House of Representatives, a general election of
members of the House shall be held on the third Saturday in the November
immediately following the October in which the expiry occurred.
(3) Subsection (1) of this section does not apply in relation to the House
of Representatives that is in existence at the commencement of the Schedule 2 of
the Constitution Alteration (Electors’ Initiative, Fixed Term
Parliaments and Qualifications of Members) 2000 but that House shall
continue until the expiration of the last Thursday in the October fourth
occurring after the day of the first meeting of that House or, if there is an
earlier dissolution of that House, until that dissolution.
Repeal the section, substitute:
The Governor-General in Council shall cause writs to be issued for
general elections of members of the House of Representatives not earlier than 30
days before the expected expiry of a House of Representatives or, if a House of
Representatives has expired or been dissolved, not later than 10 days after the
expiry or dissolution.
Add “Where the Senate and the House of Representatives are dissolved
simultaneously in pursuance of this section, an election of senators shall be
held on the same day as the general election of members of the House of
Representatives next following the dissolution.”.
11 After the second
paragraph of section 64
Insert:
The Governor-General shall appoint one of the Ministers of State to be
the Prime Minister. If:
(a) the House of Representatives, in accordance with section 5A of this
Constitution, passes a resolution expressing a lack of confidence in the Prime
Minister and the other Ministers of State for the Commonwealth and also passes a
further resolution declaring that, if a person named in the further resolution
were to be appointed by the Governor-General as Prime Minister, that person and
any Ministers of State for the Commonwealth who might be appointed on the advice
of that person would have the confidence of the House, and that person agrees to
be appointed as Prime Minister; and
(b) the Prime Minister has not resigned from office before the passing of
that further resolution;
the Governor-General shall dismiss the Prime Minister from
office.
Add “and the powers of the Parliament in relation to determining the
qualifications of a senator are the same as the powers of the Parliament in
relation to determining the qualifications of a member of the House of
Representatives”.
2 Section 34
Repeal the section, substitute:
(1) A person who:
(a) is an Australian citizen; and
(b) is of the age of eighteen years or such lower age as is prescribed by
the Parliament; and
(c) is not of unsound mind; and
(d) is not disqualified by or is not in contravention of any laws made by
the Parliament under this section;
is qualified to be a member of the House of Representatives.
(2) Subject to this Constitution the Parliament may for the purpose of
determining the qualifications of a person to be a member of the House of
Representatives make laws with respect to:
(a) the procedures for determining whether a person is of unsound mind;
and
(b) requiring a person to comply with reasonable conditions as to
residence in Australia; and
(c) disqualifying a person whilst he or she is undergoing imprisonment for
an offence against a law of the Commonwealth or a State or Territory of the
Commonwealth; and
(d) disqualifying a person who has been convicted under a law of the
Commonwealth of treason and has not been subsequently pardoned.
Repeal the sections, substitute:
Any person who:
(a) holds a judicial office under the Crown in right of the Commonwealth
or a State or Territory of the Commonwealth; or
(b) is employed in the public service or the parliamentary service of the
Commonwealth or is a full-time officer or member of the Defence Force of the
Commonwealth; or
(c) is a public authority or is a member of a public authority;
or
(d) is a member of the Parliament of a State or of the legislature of a
Territory of the Commonwealth; or
(e) is an officer of or is employed in the public service of a State or
Territory of the Commonwealth; or
(f) is an officer of or is employed by a public authority which has been
declared by the Parliament to be a prescribed authority for the purposes of this
paragraph;
ceases to be so employed or to hold that office on the day immediately
preceding the day before he or she becomes entitled to an allowance as a senator
or member of the House of Representatives.
(1) If a senator or member of the House of Representatives
becomes:
(a) subject to any disability mentioned in section 44; or
(b) the holder of a judicial office under the Crown in right of the
Commonwealth or a State or Territory of the Commonwealth; or
(c) an officer of or employed in the public service of the Commonwealth or
a full-time officer or member of the Defence Force of the Commonwealth;
or
(d) a public authority or a member of a public authority; or
(e) a member of the Parliament of a State or of the legislature of a
Territory of the Commonwealth; or
(f) an officer of or employed in the public service of a State or
Territory of the Commonwealth; or
(g) an officer of or employed by a public authority which has been
declared by the Parliament to be a prescribed authority for the purpose of this
paragraph;
he or she shall be incapable of sitting as a senator or member of the House
of Representatives and his or her seat shall thereupon become vacant.
(2) Nothing in this section or section 44 applies to a person who holds an
office which is a public authority or who is a member of or who is employed by a
public authority:
(a) to which he or she has been appointed by or with the consent or
approval of the Parliament and in respect of which he or she receives no
remuneration (other than the reimbursement of reasonable expenses); or
(b) that the Parliament has declared is not a public authority to which
this section or section 44 applies.
(3) In this section and section 44:
public authority means:
(a) any authority, body or office, other than a judicial office,
constituted for public purposes by:
(i) legislation of the Commonwealth, a State or a Territory; or
(ii) an act of the executive government of the Commonwealth, a State or a
Territory; or
(b) any corporation in which the Commonwealth, a State or a Territory has
a controlling interest.
(4) Paragraphs (1)(b) and (c) do not apply to any person by reason only of
that person holding office as a Queen’s Minister of State for the
Commonwealth or as a Parliamentary Secretary to a Minister of State.
(1) Subject to this Constitution, the Parliament may make laws with
respect to:
(a) the interests, direct and indirect, pecuniary or otherwise, the
holding of which by a person shall render him or her incapable of being chosen
or of sitting as a senator or a member of the House of
Representatives;
(b) corrupt practices or improper influence by or in relation to a senator
or member of the House of Representatives, including rendering a person
convicted of an offence relating to corrupt practices or improper influence
incapable of being chosen or sitting as a senator or a member of the House of
Representatives.
(2) A law under subsection (1) may extend only to interests which might
constitute a material risk of conflict between the public duty and the private
interests of a person.
(3) Subject to any law made under subsection (1), any person who has any
direct or indirect pecuniary interest in any agreement with the public service
of the Commonwealth otherwise than as a member and in common with the other
members of an incorporated company consisting of more than twenty-five persons
shall be incapable of being chosen or of sitting as a senator or a member of the
House of Representatives.