Lidia Thorpe (Victoria, Australian Greens) Share this | Hansard source

I move amendment (1) on sheet 1855 revised:

(1) Page 63 (after line 2), at the end of the Bill, add:

Schedule 11 — Voter information

Australian Human Rights Commission Act 1986

1 After paragraph 11(1)(db)

Insert:

(dc) the functions conferred on the Commission by section 35S; and

2 After Division 4B of Part II

Insert:

Division 4C — Functions relating to impartial referendum information

35R Interpretation

In this Division:

Electoral Commissioner has the same meaning as in the Referendum (Machinery Provisions) Act 1984.

referendum has the same meaning as in the Referendum (Machinery Provisions) Act 1984.

Referendum Minister means the Minister administering the Referendum (Machinery Provisions) Act 1984.

35S Functions of Commission relating to impartial referendum information

(1) The following functions are conferred on the Commission:

(a) to prepare arguments in favour of, and against, a proposed law for the alteration of the Constitution relating to a Voice to Parliament in accordance with subsections (2) and (3);

(b) to promote an understanding of the processes relating to referendums in First Nations and culturally diverse communities;

(c) to prepare, and to publish in such manner as the Commission considers appropriate, factual and impartial information relating to referendum processes in multiple languages, including First Nations languages;

(d) to do anything incidental or conducive to the performance of any of the preceding functions.

(2) If a proposed law for the alteration of the Constitution relating to a Voice to Parliament, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors, the Commission must, within 4 weeks after the passage of that proposed law through both Houses of the Parliament, prepare and forward to the Electoral Commissioner:

(a) an argument in favour of the proposed law, consisting of not more than 2,000 words; and

(b) an argument against the proposed law, consisting of not more than 2,000 words.

(3) If a proposed law for the alteration of the Constitution relating to a Voice to Parliament, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors, the Commission must, within 4 weeks after the second passage of that proposed law through that House of the Parliament, prepare and forward to the Electoral Commissioner:

(a) an argument in favour of the proposed law, consisting of not more than 2,000 words.

(b) an argument against the proposed law, consisting of not more than 2,000 words.

(4) This section ceases to have effect at the end of the polling day for the first general election of the members of the House of Representatives held after the commencement of the Referendum (Machinery Provisions) Amendment Act 2023.

35T Performance of functions relating to impartial referendum information

The Commission may perform the functions referred to in section 35S during the period commencing immediately after either:

(a) a proposed law for the alteration of the Constitution relating to a Voice to Parliament is passed by an absolute majority of both Houses of the Parliament; or

(b) the second passage of a proposed law for the alteration of the Constitution relating to a Voice to Parliament by an absolute majority of one House of the Parliament only;

and ending either:

(c) at the end of the voting day for a referendum relating to a Voice to Parliament; or

(d) the day after the day the Referendum Minister informs the President that the referendum is not to be held.

Referendum (Machinery Provisions) Act 1984

3 Paragraph 11(1)(b)

Before "within", insert "unless paragraph (c) applies—".

4 Afte r paragraph 11(1)(b)

Insert:

(c) if the proposed law for the alteration of the Constitution relates to a Voice to Parliament—there is forwarded to the Electoral Commissioner by the Australian Human Rights Commission, arguments prepared in accordance with subsection 35S(2) of the Australian Human Rights Commission Act 1986; and

5 Paragraph 11(2)(b)

Before "within", insert "unless paragraph (c) applies—".

6 After paragraph 11(2)(b)

Insert:

(c) if the proposed law for the alteration of the Constitution relates to a Voice to Parliament—there is forwarded to the Electoral Commissioner by the Australian Human Rights Commission, arguments prepared in accordance with subsection 35S(3) of the Australian Human Rights Commission Act 1986; and

7 After subsection 11(2)

Insert:

(2AA) Paragraphs (1)(c) and (2)(c) cease to have effect at the end of the polling day for the first general election of the members of the House of Representatives held after the commencement of the Referendum (Machinery Provisions) Amendment Act 2023.

There has been much debate about the 'yes' and 'no' pamphlet being produced by politicians in the so-called two camps. This amendment would take the politics out of preparing essential information about the two cases and put it into the hands of the Australian Human Rights Commission, an entity we all respect, which can ensure that the information provided is correct, factual and provided in clearly accessible terms, ensuring human rights are respected in the process. I urge you all to support this important amendment, as it would vastly improve the process in the upcoming referendum.