Australian referendum, 1906
Encyclopedia
The Australian referendum of 12 December 1906 approved an amendment to the Australian constitution
related to the terms of office of federal senators. Technically it was a vote on the Constitution Alteration (Senate Elections) Act, 1906, which after being approved in the referendum
received the Royal Assent
on 3 April 1907. The amendment moved the date of the beginning of the term of members of the Senate
from 1 January to 1 July so that elections to the federal House of Representatives
and the Senate could occur simultaneously.
The 1906 vote was the first referendum ever held in the Commonwealth of Australia
and concerned the first amendment proposed to the constitution since its enactment. Only one question was put to the voters at that time.
later observed that
Although the amendment has not hindered the holding of simultaneous elections, it has had one unintended consequence
. Because two-thirds of Commonwealth elections have been held in the months between September and December, there have been numerous instances of incoming Senators being required to wait many months before taking their seats. Those elected on 3 October 1998, for instance, were required to wait 270 days before doing so, and those elected on 21 August 2010 were required to wait 314 days before doing so.
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Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
related to the terms of office of federal senators. Technically it was a vote on the Constitution Alteration (Senate Elections) Act, 1906, which after being approved in the referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 3 April 1907. The amendment moved the date of the beginning of the term of members of the Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
from 1 January to 1 July so that elections to the federal House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
and the Senate could occur simultaneously.
The 1906 vote was the first referendum ever held in the Commonwealth of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and concerned the first amendment proposed to the constitution since its enactment. Only one question was put to the voters at that time.
Overview
Prior to the amendment the constitution provided, in section 13, that Senate term would begin on 1 January (and end on 31 December). By 1906 it was felt to be unlikely that Senate terms would generally coincide with House of Representatives terms, and that for this reason a change would be beneficial. The proposed amendment provided for Senate terms to begin on 1 July (and end on 30 June). Odger's Australian Senate Practice noted that the main reason for the change was to enable simultaneous elections to be held in March, which at the time was considered the mostly likely period in which Federal elections would be held. The amendment was uncontroversial, dealing with the mechanical matter of how to rotate Senate terms, and Robert MenziesRobert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
later observed that
- as the average voter ... does not care how frequently a Senator rotates, the amendment was carried.
Although the amendment has not hindered the holding of simultaneous elections, it has had one unintended consequence
Unintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
. Because two-thirds of Commonwealth elections have been held in the months between September and December, there have been numerous instances of incoming Senators being required to wait many months before taking their seats. Those elected on 3 October 1998, for instance, were required to wait 270 days before doing so, and those elected on 21 August 2010 were required to wait 314 days before doing so.
Referendum results
Question: Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Senate Elections) 1906?| State | Electoral Roll | Ballots Issued | For | Against | Informal | Result | |||
| Vote | % | Vote | % | ||||||
| New South Wales | 737,599 | 381,019 | 286,888 | 83.85% | 55,261 | 16.15% | 37,929 | Yes | |
| Victoria | 672,054 | 380,953 | 282,739 | 83.10% | 57,487 | 16.90% | 38,936 | Yes | |
| Queensland | 271,109 | 124,352 | 81,295 | 76.84% | 24,502 | 23.16% | 15,325 | Yes | |
| South Australia | 193,118 | 70,479 | 54,297 | 86.99% | 8,121 | 13.01% | 7,892 | Yes | |
| Western Australia | 145,473 | 52,712 | 34,736 | 78.93% | 9,274 | 21.07% | 6,312 | Yes | |
| Tasmania | 90,209 | 48,792 | 34,056 | 81.32% | 7,825 | 18.68% | 5,761 | Yes | |
| Total | 2,109,562 | 1,058,277 | 744,011 | 82.65% | 162,470 | 17.35% | 112,155 | Yes | |
| Sources: Standing Committee on Legislative and Constitutional Affairs (1997) Constitutional Change: Select sources on Constitutional change in Australia 1901-1997. Government Printing Office. | |||||||||
Changes to the text of the constitution
Section 13 - (removed text stricken through; substituted text in bold):-
- As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of
the third yearthree years, and the places of those of the second class at the expiration ofthe sixth yearsix years, from the beginning of their term of service; and afterwards the places of senators shall be vacant at the expiration of six years from the beginning of their term of service.
- As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of
-
- The election to fill vacant places shall be made
in the year at the expiration of whichwithin one year before the places are to become vacant.
- The election to fill vacant places shall be made
-
- For the purpose of this section the term of service of a senator shall be taken to begin on the first day of
JanuaryJuly following the day of his election, except in the cases of the first election and of the election next after any dissolution of the Senate, when it shall be taken to begin on the first day ofJanuaryJuly preceding the day of his election.
- For the purpose of this section the term of service of a senator shall be taken to begin on the first day of
See also
- Seventeenth Amendment to the United States ConstitutionSeventeenth Amendment to the United States ConstitutionThe Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures...
- Seventh Amendment of the Constitution of IrelandSeventh Amendment of the Constitution of IrelandThe Seventh Amendment of the Constitution of Ireland provided that the procedure for the election of six members of the Senate by university graduates could be altered by law...
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.
- Australian Department of the Parliamentary Library (2008) Parliamentary handbook of the Commonwealth of Australia (42nd Ed.) Australian Government Printing Service, Canberra.
- Bennett, Scott (2003). Research Paper no. 11 2002-03: The Politics of Constitutional Amendment Australian Department of the Parliamentary Library, Canberra.
- Australian Electoral Commission (2007) Referendum Dates and Results 1906 - Present AEC, Canberra.
Preceded by: Commonwealth of Australia Constitution Act (1900) | Amendments to the Constitution of Australia | Followed by: State Debts Amendment Australian referendum, 1910 (State Debts) The referendum of the 13 April 1910 approved an amendment to the Australian constitution. Technically it was a vote on the Constitution Alteration Act, 1909, which after being approved in the referendum received the Royal Assent on the 6 August.Upon the establishment of the Commonwealth of... (1910) |