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Difficulty: Very hardChanging the Constitution: Referendums

An analysis of the results from a hypothetical Australian referendum yields the following data:

- National 'Yes' Vote: 53%53\%
- State Results: Western Australia, South Australia, and Tasmania recorded a 'Yes' majority. New South Wales, Victoria, and Queensland recorded a 'No' majority.
- Territory Results: Both the Australian Capital Territory and the Northern Territory recorded a 'Yes' majority.

Based on these results and the legal requirements for changing the Australian Constitution, what is the final outcome of the referendum?

  1. The referendum fails because a 'Yes' majority was only achieved in three out of the six states.Answer
  2. B
    The referendum passes because a national majority of 53%53\% was achieved alongside a majority in five out of eight voting regions.
  3. C
    The referendum passes because the 'Yes' majority in the territories is added to the state count to reach the required majority.

Answer

The referendum fails because it did not achieve a majority of 'Yes' votes in at least four states, which is a core requirement of the double majority rule.
The correct answer identifies that the referendum fails because the 'double majority' requirement was not satisfied. To change the Constitution, a proposal needs a majority of 'Yes' votes across all of Australia (which was achieved at 53%53\%) AND a majority of 'Yes' votes in at least four out of the six states. Since only three states (Western Australia, South Australia, and Tasmania) voted 'Yes', the second requirement was not met. Territories like the ACT and NT contribute to the national total but never count as states in the 4/6 state count.

Step-by-Step Solution

1
Analyze the national vote result.
The national 'Yes' vote is 53%53\%.
To satisfy the first part of the 'double majority' rule, more than 50%50\% of all voters in Australia must vote 'Yes'.
2
Count the number of states that achieved a 'Yes' majority.
Three states (WA, SA, TAS) achieved a 'Yes' majority.
To satisfy the second part of the 'double majority' rule, at least four out of the six states must have a majority of 'Yes' votes.
3
Evaluate the impact of the territory results.
The 'Yes' majorities in the ACT and NT are counted in the national total but excluded from the state count.
Under Section 128 of the Constitution, the Northern Territory and the Australian Capital Territory are not counted as 'states' for the state-majority requirement.
4
Determine the final outcome.
The referendum fails.
Although the national majority was met, the requirement for a majority in at least four states was not met (3/6).

Key Concept

The 'double majority' requirement for changing the Australian Constitution

Hints

1
Think about the 'double majority' rule. It requires two different types of majorities to be met simultaneously.
2
Check how many states (not territories) voted 'Yes'. How many states are there in total, and how many are needed for a majority?
3
Remember that while people in the ACT and NT are required to vote, their results only influence the national percentage, not the count of the six states.

Practice More

Review Section 128 of the Australian Constitution to see why territories are treated differently from states in referendums.
Estimated Time:1m 30s
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Topics

Changing the Constitution: Referendums

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