Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

I move:

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

Schedule 9 — Citizen Initiated Referendums

Referendum (Machinery Provisions) Act 1984

1 After section 145

Insert:

146 Schedule 5

Schedule 5 has effect.

2 At the end of the Act

Add:

Schedule 5 — Citizen Initiated Referendums

Note: See section 146.

Part 1 — Preliminary

1 Guide to this Schedule

This Schedule enables Australian citizens to initiate legislation that provides for the holding of a referendum to alter the Constitution.

Part 2 sets out the process that must be followed, and the requirements that must be met, in order for a citizen to initiate the holding of a referendum.

The process involves the following steps:

(a) a person who is an elector may apply to the Electoral Commission to register a proposal for a referendum to amend the Constitution;

(b) the Electoral Commissioner must examine the proposal and decide whether it relates to a proposal for a referendum to amend the Constitution;

(c) if the proposal relates to a proposal for a referendum to amend the Constitution, the Electoral Commissioner must register the proposal and the applicant must then lodge with the Electoral Commission a document containing the signatures of 2% of the total of all electors;

(d) if the applicant lodges the document within 6 months of the proposal being registered, the Electoral Commissioner must undertake random sampling to verify that at least 2% of those signatures were obtained validly;

(e) once a proposal is verified, the Minister must cause a proposed law to alter the Constitution, in accordance with the proposal, to be introduced into the Parliament.

Part 3 sets out rules that apply to the holding of a citizen initiated referendum. Once a proposed law to alter the Constitution in accordance with the proposal has been passed, by an absolute majority of one House, or both Houses, of the Parliament, in accordance with section 128 of the Constitution, the Governor-General may issue a writ for the citizen initiated referendum to be held.

Part 4 deals with delegation of the Electoral Commissioner's functions and powers.

2 Object of this Schedule

The object of this Schedule is to enable Australian citizens to initiate a proposal for a referendum to amend the Constitution.

3 Defini tions

In this Schedule:

citizen initiated referendum means a referendum resulting from a proposal that is verified under clause 9.

qualifying day, for a proposal for a referendum, has the meaning given by subclause 8(2).

qualifying requirements, for a proposal for a referendum, has the meaning given by subclause 8(1).

random sampling process has the meaning given by subclause 9(3).

Part 2 — Process for initiating a referendum

4 Application to register proposal for referendum

(1) A person who is an elector may apply to the Electoral Commission to register a proposal for a referendum to amend the Constitution.

(2) An application to register a proposal for a referendum must:

(a) be in the approved form; and

(b) contain an outline of the proposal; and

(c) be accompanied by the application fee prescribed by the regulations.

(3) The amount of the application fee must not be such as to amount to taxation.

(4) The application fee may be refunded in circumstances prescribed by the regulations.

5 Electoral Commissio ner to examine proposal for referendum

Within 1 month after receiving an application under clause 4, the Electoral Commissioner must examine the proposal outlined in the application and decide whether it is a proposal to amend the Constitution.

6 Registration of proposal for referendum

(1) The Electoral Commissioner must, after the examination, register the proposal unless he or she is satisfied that the proposal does not relate to a proposal to amend the Constitution.

(2) If the Electoral Commissioner is not satisfied that the proposal relates to a constitutional matter, the Electoral Commissioner must reject the application to register the proposal.

(3) The Electoral Commissioner may not reject an application without giving the applicant an opportunity to be heard.

7 Notice of decision

Within 7 days after making a decision under clause 6, the Electoral Commissioner must give a written notice to the applicant:

(a) if the decision was to register the proposal—setting out the following:

(i) a statement that the proposal has been registered;

(ii) a statement that the applicant must satisfy the qualifying requirements for the proposal by the qualifying day in order for the proposal to progress;

(iii) the qualifying day for the proposal; or

(b) if the decision was to reject the application for the proposal—stating that the proposal has been rejected.

8 Meaning of qualifying r equirements and qualifying day

(1) An applicant will satisfy the qualifying requirements for a proposal for a referendum if the applicant lodges with the Electoral Commission a document containing the signatures, printed names and addresses of at least 2% of all electors in a majority of States.

(2) The qualifying day for a proposal for a referendum is the day that is 1 month after the end of the period of 6 months starting when the proposal is registered under clause 6.

9 Electoral Commissioner to verify t hat qualifying requirements have been satisfied

(1) This clause applies if:

(a) an applicant lodges a document with the Electoral Commission that purports to satisfy the qualifying requirements for a proposal for a referendum; and

(b) the document is lodged by the end of the qualifying day for the proposal.

(2) Within 4 months after the applicant lodges the document, the Electoral Commission must:

(a) undertake a random sampling process to verify whether the signatures contained in the document were validly obtained; and

(b) either:

(i) if the results of the random sampling process indicate that the signatures contained in the document were validly obtained—verify the proposal and notify the applicant, in writing, that the proposal has been verified; or

(ii) otherwise—notify the applicant, in writing, that the proposal has been rejected.

(3) To undertake a random sampling process in respect of the signatures contained in a document, the Electoral Commission must:

(a) randomly select at least 2% of the persons whose signatures are contained in the document; and

(b) contact each of those persons to verify that their signature was validly obtained; and

(c) undertake any procedure set out in the regulations in respect of the random sampling process.

10 Minister to arrange for introduction of proposed law

Within 2 months after a proposal for a referendum is verified under clause 9, the Minister must cause a proposed law that will alter the Constitution in accordance with the proposal to be introduced into the Parliament.

Part 3 — Holding a citizen initiated referendum

11 Writ for referendum

(1) If:

(a) a proposal for a referendum has been verified under clause 9; and

(b) a proposed law to alter the Constitution in accordance with the proposal has been passed by an absolute majority of one House, or both Houses, of the Parliament, in accordance with section 128 of the Constitution;

the Governor-General may issue a writ for the submission of the proposed law to the electors.

(2) A writ issued under subclause (1):

(a) may be in accordance with Form A in Schedule 1 to the Referendum (Machinery Provisions) Act 1984; and

(b) must be signed by the Governor-General; and

(c) must appoint:

(i) the day for the close of the Rolls; and

(ii) the day for taking the votes of electors; and

(iii) the day for the return of the writ.

Part 4 — Miscellaneous

12 Delegation by Electoral Commissioner

The Electoral Commissioner may, in writing, delegate to the Deputy Electoral Commissioner all or any of the functions or powers of the Electoral Commissioner under this Schedule.

I'll just briefly say that the amendment is in relation to citizen initiated referenda. It means that two per cent of the population can get a petition drawn up in accordance with the AEC and present it to the parliament, and, if the parliament agrees to it and it passes both houses, then it will be put to a vote at a referendum by the people. This will give the people of Australia an opportunity to sign a petition and present it to the parliament if they have concerns with anything that's in the referendum, whether they wish to have something inserted or withdrawn from the referendum. It's basically the people's democracy. I must assure the parliament that it cannot be passed without both houses agreeing to it. It's basically giving the people a voice. This has actually worked in other countries around the world who have this in place, and it's worked very well for them. I think it's about time that we allow the people to have more of a voice in this country.