The ''Constitution Alteration (Trade and Commerce) Bill'' 1912, was an unsuccessful
referendum held in 1913 that sought to alter the
Australian Constitution to extend Commonwealth legislative power in respect to
trade and commerce.
Issues
The "Yes" Case
*The
trade and commerce power is the keystone of the powers of the
federal parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-gen ...
. The present limitation to inter-state trade and commerce paralyses the parliament's action in almost every direction.
*The present division of the trade and commerce power between federation and states is artificial, indefinite, illogical and mischievous.
*Trade and commerce are national matters and state laws are not adequate.
The "No" Case
*If passed, this proposal will vest in the
federal government the control of all business within the
Commonwealth. This will mean that the centralised government will dominate all trade and commerce, including that which is carried on within state borders.
*The proposal will lead to a great deal of legal uncertainty and will no doubt be challenged in the
High Court.
*The new power will enable the federal parliament to pass legislation which will profoundly disturb trade and commerce within the states.
Question
''Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Trade and Commerce) 1912'?''
The proposal was to alter the text of section 51 of the Constitution to read as follows:
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.) Trade and commerce with other countries, and among the States but not including trade and commerce upon railways the property of a State, except so far as it is trade and commerce with other countries or among the States:
Results
The referendum was not approved by a majority of voters, and a majority of the voters was achieved in only three states.
[Handbook of the 44th Parliament (2014) ]
Discussion
The
1911 referendum asked a single question that dealt with trade and commerce, corporations and industrial matters. This resolution separated each of those matters into a different question. Like its forebear, none of these resolutions were carried. On each of the many occasions a similar question was asked at a referendum the public decided not to vest power in the Commonwealth over these matters.
However, although many at the time felt strongly about the need for the Commonwealth to have limited control over commerce between the states, the High Court eventually gave much of the power to Commonwealth indirectly through later decisions, thus effectively removing the need for the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
to be changed anyway.
*
1911 referendum on trade and commerce
See also
*
Politics of Australia
The politics of Australia take place within the framework of a federal parliamentary constitutional monarchy. Australia has maintained a stable liberal democratic political system under its Constitution, one of the world's oldest, since ...
*
History of Australia
The history of Australia is the story of the land and peoples of the continent of Australia.
People first arrived on the Australian mainland by sea from Maritime Southeast Asia between 50,000 and 65,000 years ago, and penetrated to all part ...
References
Further reading
* Standing Committee on Legislative and Constitutional Affairs (1997)
Constitutional Change: Select sources on Constitutional change in Australia 1901–1997'. Australian Government Printing Service, Canberra.
* Bennett, Scott (2003).
' Australian Department of the Parliamentary Library, Canberra.
* Australian Electoral Commission (2007)
' AEC, Canberra.
{{DEFAULTSORT:Australian Referendum, 1913 (Trade And Commerce)
Referendum (Trade and Commerce)
1913 referendums
1913
Events January
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