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Difficulty: Very hardChanging the Constitution: Referendums

According to Section 128 of the Australian Constitution, if the House of Representatives passes a proposed amendment twice but the Senate rejects it, the Governor-General may still put the proposal to a referendum. If the referendum is held, what specific conditions must be satisfied for the amendment to be officially enacted?

  1. The amendment must be approved by a majority of voters in at least four out of six states, a national majority of all voters, and finally receive Royal Assent from the Governor-General.Answer
  2. B
    The amendment only requires a national majority of more than 50%50\% of all voters across Australia, as the proposal was already passed twice by the House of Representatives.
  3. C
    The amendment must be approved by a majority of voters in a majority of states and a national majority, at which point the change is automatically updated in the Constitution.

Answer

For a constitutional amendment to be enacted, it must achieve a double majority (a national majority of all voters plus a majority of voters in at least four out of six states) and receive Royal Assent from the Governor-General.
The correct answer identifies that even in a deadlock situation (where only one House passes the bill), the standard referendum requirements apply. This includes the 'double majority'—a national majority of all voters plus a majority of voters in a majority of states (4 out of 6). Furthermore, it correctly notes that the amendment must receive Royal Assent from the Governor-General to be officially enacted.

Step-by-Step Solution

1
Calculate the national vote result.
The total 'Yes' votes across all states and territories must exceed 50%50\% of the total votes cast.
This fulfills the first half of the double majority requirement.
2
Calculate the state-by-state results.
At least four out of the six states (NSW, VIC, QLD, WA, SA, TAS) must have a 'Yes' vote exceeding 50%50\%.
This fulfills the second half of the double majority requirement. Note that territories do not count as 'states' for this specific step.
3
Submit the successful proposal for final approval.
The Governor-General provides Royal Assent on behalf of the King.
Under Section 128, a proposal that passes the referendum must be presented for Assent before it becomes law.

Key Concept

The rigorous process for amending the Constitution involves both the 'double majority' rule and the final executive approval via Royal Assent.

Hints

1
Think about whether a constitutional amendment is considered a type of law and what the final step is for any federal law in Australia.
2
Recall the 'double majority' rule. How many states must say 'Yes' for a change to occur?

Practice More

Research the 1967 Referendum to see how the double majority was achieved in practice.
Estimated Time:2m 0s
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Topics

Changing the Constitution: Referendums

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