The decision by Parliament to hold 1967 referendum – Cabinet minute

Power to legislate on behalf of Indigenous people, 1967.

Confidential Cabinet minute regarding the 1967 Referendum.

Transcript

[Header and footer in red ink:] CONFIDENTIAL

COPY No. 29

CABINET MINUTE

Canberra, 22^nd February, 1967

Decision No. 79

Submission Nos. 46 and 64 – Constitutional Amendment – Aborigines.

The Cabinet decided that it would adopt the recommendation set out at paragraph 19 of Submission No. 46, namely –

"that the Government announce that it will hold a referendum to seek legislative power for the Commonwealth with respect to Aborigines by omitting the words ‘other than the Aboriginal race in any State' from Section 51 (xxvi) and, if the referendum is successful, will hold discussions with the States to formulate a join policy whereby the States will be responsibly for administration, but the Commonwealth will have a role of policy participation."

Certified true copy

[Handwritten signature:] E.J. Bunting

Secretary to Cabinet

About this record

This is a Cabinet minute recording the government’s decision to hold a referendum to change Section 51 (xxvi) of the Australian Constitution. The change would give the Australian parliament the power to make laws for First Australians.

Changing the Australian Constitution

The rules for changing the Australian Constitution are set out in Section 128.

Section 128 states that, for the Constitution to be changed, the proposed law must be:

submitted to the electors
approved by a national majority of voters in the states and territories and a majority of voters in a majority of the states (that is, at least 4 out of 6 states)
presented to the Governor-General for the Queen's assent.

Neither the government nor parliament can amend the Constitution. Parliament has to be involved at certain stages in the process, but the final decision is in the hands of the voters through a referendum (vote).

Proposed changes to the Constitution are debated in parliament. A Bill is presented in both houses (the House of Representatives and the Senate) outlining the alterations to be made. If the Bill is passed by both houses, a referendum is held.

If the Bill is passed by one house but rejected or altered by the other, it goes back to the first house to be reconsidered. If the alterations are unacceptable to the first house, it sends the Bill back to the other house again in the next session of parliament (or not before 3 months).

If the two Houses still can’t agree to the Bill, the Governor-General can put the proposal to voters as last proposed by the first house or without any amendments agreed by both houses.

The Governor-General calls for a referendum by issuing a writ (a formal order).

View the original Commonwealth of Australia Constitution Act 1900, which includes the Australian Constitution.

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