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Australian Electoral Commission
A referendum is a vote of the Australian people on measures to change the Constitution that are proposed or passed by the Australian Parliament. Voting in referendums is compulsory for eligible voters. In referendums, voters are required to write either 'yes' or 'no' on the ballot paper in response to each question listed.
Rules governing referendums are included in the Referendum (Machinery Provisions) Act 1984.
A proposed law for the alteration of the Constitution has been passed by absolute majorities of each House of the Parliament and can be submitted to the electors in accordance with section 128 of the Constitution. The short title of the proposed law is:
The proposed law would amend the Constitution to make specific provision in relation to the granting of financial assistance by the Commonwealth to local government bodies.
The provisions of the Constitution, as they would be affected by this proposed law, are set out below. Words proposed to be inserted in the Constitution are presented in bold text.
96 Financial assistance to States and local government bodies
During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State, or to any local government body formed by a law of a State, on such terms and conditions as the Parliament thinks fit.
The Government has announced its intention to hold a referendum in conjunction with the federal election. Below is an indicative timetable based on a combined election and referendum.
| Date | Event |
|---|---|
| 24 June 2013 | Constitutional Alteration (Local Government) 2013 Bill passed through parliament. |
| 22 July 2013 | Deadline for Members of Parliament to submit a case either for or against the proposal. *See Guidelines for submitting a case |
| At the Governor-General's discretion on advice from the Prime Minister | Issue of writ |
| 7 days after the issue of the writ | Close of rolls |
| Between 33 & 58 days after the issue of writ. (Saturday on or after 14 September & on or before 21 December) At the Governor-General's discretion on advice from the Prime Minister |
Polling day |
| Within 100 days of issue | Return of writ |
The AEC is an independent statutory authority and is responsible for the machinery of the referendum only. It has no involvement with the campaigns for or against the proposed changes to the Constitution.
The AEC's role is to administer the referendum providing enrolment, voting and information services to voters to enable them to have their say at a referendum. The AEC has been allocated an additional $41 million to run the referendum in conjunction with a federal election.
The AEC prints and distributes a booklet to addresses on the Commonwealth electoral roll containing the 'Yes' and 'No' cases prepared by the Members of Parliament who voted for or against the proposed law in Parliament.
The AEC expects to print and distribute some 10 million referendum booklets in the period prior to referendum day.
The guidelines for Members of Parliament to submit a case for or against the proposed constitutional alteration are available on the AEC's website, along with answers to frequently asked questions regarding the referendum booklet. Members of Parliament have until 22 July 2013 to submit a case.
Since Federation, only eight out of 44 proposals to amend the Constitution have been approved.
A Bill setting out the proposed alteration to the Constitution is passed by both Houses of Parliament. Voting in a referendum can occur no sooner than two months and no later than six months after the proposal is passed by Parliament.
Members of Parliament who voted in Parliament for or against the proposed law may prepare an argument for or against the proposed law – these are the YES and NO cases. From the passage of the legislation through the Parliament, members of Parliament have 28 days to prepare their case and submit it to the Electoral Commissioner. The word limit for each case is 2 000 words.
The Electoral Commissioner is required to be satisfied that the relevant case is authorised by a majority of those members of Parliament who voted for or against the proposed law and desire to forward such an argument.
The Governor-General issues the writ. The date set for the close of rolls is seven days after the issue of the writ; and polling day, which must be on a Saturday, is set for not less than 33 days or more than 58 days after the issue of the writ.
The YES and NO cases are printed by the AEC together with a statement showing the proposed alterations, and delivered to addresses on the electoral roll.
In a referendum, voters are required to write either 'Yes' or 'No' in the box opposite each question on the ballot paper.
The referendum proposal must be approved by a 'double majority'. This means that a national majority of voters in the states and territories and a majority of voters in a majority of the states (i.e. at least four out of six states) must be reached.
If the referendum is carried, the proposed law is given Royal Assent by the Governor-General.
Read our Referendum information pages or contact the AEC National Media Unit on 02 6271 4415 or at media@aec.gov.au.
The AEC acknowledges the Traditional Owners of country throughout Australia and recognises their continuing connection to land, waters, culture and community. We pay our respects to Elders past, present and emerging.