alteration of this Constitution chapter-8

Constitution Alteration (President of the Commonwealth of Australia) 1996
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CHAPTER EIGHT; ALTERATION OF THE CONSTITUTION. .
Index to this file
128. This Constitution shall not be altered except in the following manner:
129 Alteration of Constitution and Legislation on electors initiative (CIR).
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128. This Constitution shall not be altered except in the following manner:
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The proposed law for the alteration of this Constitution must be passed by an absolute majority of
each House of The Parliament and not less than two nor more than six months after its passage
through both Houses the proposed law shall be submitted in each State to the electors qualified to
vote for the election of members of the House of Representatives.
The Head of State shall issue the writ to initiate a double majority Referendum.
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Double majority: Any alteration must be approved by a ‘double majority’, that is:

a national majority of electors; and
a majority of electors in a majority of the States (i.e. at least four of the six).

When a proposed law is submitted to the electors the vote shall be taken that if in a majority of the
States a majority of the electors voting approve the proposed law and if a majority of all the electors
voting also approve the proposed law it shall be presented to the Head of State for assent.
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No alteration shall become law unless the majority of the electors voting in that State approve the
proposed law that will diminish the proportionate representation of any State in either House of
Parliament or the minimum number of representatives of a State in the House of Representative or;

increasing or diminishing or
altering the limits of the State or
in any manner affecting the provisions of this Constitution
in relation to that alteration.

In this section "Territory" means any territory referred to in section one hundred and twenty-two
of this Constitution in respect of which there is in force a law allowing its representation in
the House of Representatives.
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CHAPTER VI NEW STATES Section 122 --
The Parliament may make laws for the government of any territory surrendered by any State to and
accepted by the Commonwealth and may allow the representation of such territory in either
House of the Parliament to the extent and on the terms which it thinks fit.
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. Alteration of Constitution on electors initiative (CIR).
Alteration of Legislation on electors initiative (CIR). Section 129.
(1). A person who is, or a group of persons each of whom is, qualified to vote for the election of
members of the House of Representatives for a State or Territory may be registered by the
Australian Electoral Commission as the proponent, or the proponents
of a proposal to amend the Constitution.
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(2). The proponent or proponents so registered may present to the Australian Electoral Commission a
petition addressed to the Head of the Commonwealth to cause to be put to
the people by way of referendum;

the proposed law to amend the Constitution endorsed on, or attached to, the petition.
the proposed law to amend any Legislation endorsed on, or attached to, the petition

(3). A proposed law to alter the Constitution shall contain an alteration, or alterations, necessary to
achieve a single purpose only.
A proposed law to alter any Legislation shall contain an alteration, or alterations, necessary to
achieve a single purpose only.
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(4). The Australian Electoral Commission shall cause to be printed copies of the petition and forms
for signature by electors who wish to sign the petition and shall furnish the copies and forms to the
proponent or proponents, concerned.
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(5). During the period of 6 months commencing on a date determined by the
Australian Electoral Commission being a date not less than seven days after the copies and forms are
so forwarded the petition may be signed by any elector in a State or Territory who was qualified to
vote for the election of a member of the House of Representatives at the general election that last
preceded the date so fixed.
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(6). Where, at the expiration of that period of 6 months, the petition has been duly signed by electors
to a number not less than five per cent of the number of electors who voted at that general election
the proponent or proponents may present the petition and signatures to the
Australian Electoral Commission.
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(7). Paragraphs 3, 4, 5 and 6 of this section 129 apply to the proposed law as if the proposed law had
been agreed to by both Houses of the Parliament.
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(8). If the Australian Electoral Commission is, after random sampling of the signatures to the petition
satisfied that it was signed as so required during that period it shall present the petition to
the Head of the commonwealth.
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(9). The Head of the Commonwealth shall, subject to this section, at the next general election of the
House of Representatives, submit the proposed law endorsed on or attached to the petition to the
electors in each State and Territory qualified to vote for the election of the
House of Representatives shall;
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In the name of and on behalf of the People of Australia; the Head of the Commonwealth of Australia
shall be the absolute power and authority, issue the referendum writ and submit the proposed law as
last proposed by the first mentioned House, and either with or without any amendments subsequently
agreed to by both Houses to the electors in each State and Territory qualified to vote for the
election of the House of Representatives.
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Amending the Constitution or Legislation on Electors Initiative with the approval of the electorate.
Voting in a referendum is compulsory for those on the Commonwealth Electoral Roll.
Any proposed alteration must be put to the direct vote of the entire electorate in a referendum.
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Double majority: Any alteration must be approved by a ‘double majority’,

that is:
a national majority of electors; and
a majority of electors in a majority of the States (i.e.. at least four of the six).
(a). When a proposed law is submitted to the electors the vote shall be taken that if in a
majority of the States a majority of the electors voting approve the proposed law, and
if a majority of all the electors voting also approve the proposed law, it shall be
presented to the Head of the Commonwealth for assent.
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(b). No alteration shall become law unless the majority of the electors voting in that
State approve the proposed law that will; diminish the proportionate representation
of any State in either House of the Parliament or the minimum number of
representatives of a State in the House of Representative or;
increasing, diminishing,
or altering the limits of the State,
or in any manner affecting the provisions of the Constitution,
in relation to that alteration.

(10). In this section;
"Territory" means any territory referred to in section one hundred and twenty-two of this
Constitution in respect of which there is in force a law allowing its representation in the
House of Representatives.
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CHAPTER VI NEW STATES -- Section 122.
The Parliament may make laws for the government of any territory surrendered by any State to
and accepted by the Commonwealth, or of any territory placed by the Queen under the authority
of and accepted by the Commonwealth, and may allow the representation of such territory in either
House of the Parliament to the extent and on the terms which it thinks fit.
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(11). The Australian Electoral Commission may arrange for argument in favour of or against the
proposed law prepared by a person, or body of persons, to be furnished, at the expense of that
person or body to electors.
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(12). At any time during the period of 6 months previously referred to the Head of the Commonwealth
or any other person qualified to vote for the election of the House of Representatives may make
application to the Federal Court of Australia for a declaration that the proposed law is not in the
appropriate form or does not seek to change the Constitution or any Legislation, in a manner that is
practicable or legally effective and if the Court makes the declaration the petition
shall be treated as having no force or effect.
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(13). The Parliament may make laws with respect to the proposal to amend or to the alteration of
the Constitution as provided in this section.