Armadale-WA -
Web Page for
Australian Federal Electoral Constitution Changes Needed

This web page is to publish some suggested
Australian federal electoral constitution changes
that are needed.



The Australian federal Constitution is shonky, and needs to be changed,
so as to start to provide democratic government to Australia

From a writing that I published in 2015;

The state parliament of Western Australia, and, the federal parliament of Australia, do not provide democratic government, and the members of those parliaments, are not selected by democratic elections.

The only truly democratic (and, it also happens to be the simplest and most efficient) way of selecting members of parliaments, is for all members of each house of each parliament, to be selected by elections using only first past the post voting.

At present (as at September 2015), the method for selection of members of the lower house of each of these two parliaments, is by a corrupt and designed to be excessively complicated and excessively inefficient method of "election", where the winner is not the candidate who gets the most votes for the candidate, but is instead, the candidate who gets the least votes against the candidate. The method of "voting", in "elections", involves voting against people, rather than voting for people.

The way of selecting the members of the upper house of each of the state and federal parliaments, is simply too complicated to easily explain, and, too complicated for most people to understand. It is designed to prevent understanding, by the common people, so that the selection method can be rigged to install whoever the people in power, want installed, with the voting public, simply not understanding what is happening (apart from when thousands of ballot papers, get lost, then, when that is reported, we know that that has happened, and that yet another bodgy "election", has occurred).

And, of particular note, regarding the federal parliament of Australia, is the declaration by the then Chief Judge of the High Court Of Australia, Murray Gleeson, at The Ninth Lucinda Lecture, Monash University, 24 July 2001, "The Shape of Representative Democracy", where he said, of the Australian Constitution that the Constitution does not provide any right "that all voters can please themselves whether to vote and whom to vote for". So, as stated by the then Chief Judge of the High Court, the Australian people do not get to choose the members of the federal parliament of Australia. We do not get to elect them. We are prevented from having a democratically elected government.

And, as acknowledged by that Chief Judge of the High Court of Australia, regarding the "referendum" that gave "approval" for the Australian federal Constitution, women and Aborigines did not have suffrage - "bearing in mind the context in which the Constitution was framed. Most Australian women were not entitled to vote. No one was compelled to vote. Aboriginal Australians were not counted."

So, the Australian federal Constitution was not approved by a majority of the Australian people, by way of a referendum of all Australian people.

This, then, raises an interesting point.

Is the Australian Constitution legally valid?

A fundamental principle of law, applicable in Australia and in England, and, in the USA (upon the ideas of which, the Australian federal Constitution is claimed to be based), and, in many countries of the world, is the principle of natural justice, known as "audi alteram partem", which dates back over two thousand years, to a line in Seneca's Medea, which, translated, roughly means "If a decision is made, without hearing all of the parties to be affected by the decision, then, while the decision may have been right, the making of the decision, will not have been right", and, that principle has been applied, for hundreds of years, in courts in many countries, including constitutional courts, to rule decisions invalid in law.

So, as, clearly, the majority of the Australian people who would be affected by the Constitution, were not allowed to be heard (to vote either for or against), in the making of the decision as to whether the Constitution should be approved, the question arises; was the Australian federal Constitution, validly approved, and, therefore, is the Australian federal Constitution, legally valid?

If the legal validity of the Australian federal Constitution, is based on the premise that it was approved by a referendum of the Australian people, and, it was in fact, not approved by a majority of the Australian people, by a majority vote of the Australian people, then, the legal validity of the Australian federal Constitution, is questionable.

To be democratic, a parliament should comprise of a single chamber (or "house"), with only one member of that chamber, per electorate.

Therefore, neither the state parliament of Western Australia, nor the federal parliament of Australia, are democratic, nor are the members of each parliament, selected by democratic elections.

Neither can the voters sack either the member(s) of each parliament, that are supposed to represent the constituencies of the voters, or, the whole of each parliament, as is provided elsewhere, by means of Recall Elections (see https://en.wikipedia.org/wiki/Recall_election ) ;

" A recall election (also called a recall referendum or representative recall) is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended. Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to the ancient Athenian democracy and are a feature of several contemporary constitutions. "

Neither do either the state parliament of the state of Western Australia, or, the federal parliament of the federation of Australia, via the respective constitutions, provide for Citizen Initiated Referenda, also known as Direct Citizens Initiatives. See https://en.wikipedia.org/wiki/Initiative ;

" In political science, an initiative (also known as a popular or citizens' initiative) is a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite). The initiative may take the form of a direct initiative or an indirect initiative. In a direct initiative, a measure is put directly to a vote after being submitted by a petition. In an indirect initiative, a measure is first referred to the legislature, and then put to a popular vote only if not enacted by the legislature. The vote may be on a proposed statute, constitutional amendment, charter amendment or local ordinance, or to simply oblige the executive or legislature to consider the subject by submitting it to the order of the day. It is a form of direct democracy. "



The issue of eligibility to be a member of the federal parliament of Australia

The issue of dual citizenship disqualifying prospective candidates for the the federal parliament

From http://www.armadale-wa.net/politics/AustConstSec44.html , with that web page last updated 21 April; 2010;

"
Section 44 of The Australian Constitution, states:

Section 44 -
"44. Any person who -
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives. "

Thus, Section 44(i) of the Australian Constitution Act, excludes people holding dual citizenship, from being elected to the federal parliament.

But, Australian citizens who hold dual citizenship, are still required to vote in elections of the federal parliament; we are required to vote for positions, for which we are ineligible to nominate.

And, how many Australians, and, what percentage of electors, are victims of this racism?

Is that an electoral fraud - forcing people to vote, in elections in which we are ineligible to nominate?
It is certainly, anti-democratic, as there is no way that we are represented in the federal parliament, for which we are forbidden from nominating.
Think about it...

A solution from New Zealand

As stated in the New Zealand Electoral Act 1993, as shown at http://www.legislation.govt.nz/act/public/1993/0087/latest/DLM307519.html?search=ts_act_electoral_resel&sr=1 ;

Section 47;
"47 Registered electors may be members, unless disqualified
(1) Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127.
(2) Notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected.
(3) Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen.
Compare: 1956 No 107 s 25; 1981 No 120 s 9(1)
Section 47(3): substituted, on 1 February 2003, by section 8(1) of the Electoral Amendment Act 2002 (2002 No 1)."

Section 55;
"55 How vacancies created
(1) The seat of any member of Parliament shall become vacant-
(a) if, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, for one whole session of Parliament he or she fails, without permission of the House of Representatives, to give his or her attendance in the House; or
(b) if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or
(c) if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or
(ca) if he or she ceases to be a New Zealand citizen; or
(cb) if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—
(i) a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or
(ii) a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or
(d) if he or she is convicted of a crime punishable by imprisonment for a term of 2 years or upwards, or is convicted of a corrupt practice, or is reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or
(e) if he or she becomes a public servant; or
(f) if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or
(g) if on an election petition the High Court or Court of Appeal declares his or her election void; or
(h) if he or she dies; or
(i) if he or she becomes mentally disordered, as provided in section 56; or
(j) [Repealed]
(2) Notwithstanding anything in subsection (1)(c), where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage.
Compare: 1956 No 107 s 32; 1975 No 28 s 13(1); 1981 No 120 s 12; 1988 No 34 s 12(3); 1988 No 159 s 14(1)
Section 55(1)(b): substituted, on 18 September 2005, by section 5(1) of the Electoral Amendment Act 2004 (2004 No 99).
Section 55(1)(ca): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).
Section 55(1)(cb): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).
Section 55(1)(f): substituted, on 28 February 2002, by section 9(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 55(1)(j): repealed, on 28 February 2002, by section 9(2) of the Electoral Amendment Act 2002 (2002 No 1)."

Section 55AA;
Despite section 55(1)(b) and (c), the seat of a member of Parliament does not become vacant by reason only of the member—
(a) becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member’s—
(i) country or place of birth; or
(ii) descent; or
(b) renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.
Section 55AA: inserted, on 18 September 2005, by section 6 of the Electoral Amendment Act 2004 (2004 No 99)."

Thus, the New Zealand Electoral Act 1993, allows people holding dual citizenship to be elected to parliament, and, to hold office as a member of parliament, unless the person takes out additional foreign citizenship whilst a member of parliament, with some exceptions where the taking out of additional foreign citizenship while a member of parliament, is allowed.

It is simple - the Australian Constitution is racist, and violates human rights (which is the policy of the major parties in the Australian parliaments), and, New Zealand has the simple solution.

This is just one of the reasons that Australia needs a Declaration Of Human Rights, to which ALL Australian legislation, including the Australian Constitution is subject.
"

This paragraph added 12 July 2016 - The proportion of Australians who were born overseas

At http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/3412.0Media Release12014-15
(on the Australian Bureau of Statistics web site)
as viewed on 12 July 2016, was

"
The proportion of Australians who were born overseas has hit its highest point in over 120 years, with 28 per cent of Australia's population born overseas, according to figures released today by the Australian Bureau of Statistics (ABS).

"Australia has traditionally had a high proportion of migrants, but we've now hit a peak not seen since the late 1800s," said Beidar Cho from the ABS.

The percentage of Australian residents born overseas has increased every year for the last 15 years.
"

Now, that shows a couple of quite significant aspects; the first, is that the composition of Australians, has changed considerably, since federation (when the Australian federal constitution was first implemented), and so, the Australian federal constitution needs to be amended, to provide for the changing composition of Australians, secondly, that the composition of Australians, has changed considerably, in "the last 15 years", and, therefore, since the recommendation of the committee below, and, therefore, thirdly, that at least 28%, with the proportion progressively increasing, of Australian citizens, are being deliberately made victims of discrimination, and, being deliberately denied representation in the federal parliament, by the self-absorbed and self-centred, closed shop members of the Australian federal parliament, as shown in the part that follows, regarding the parliamentary committee's review of the applicable section of the Australian federal Constitution.

And, in the course of the 2016 Australian federal parliamentary election campaign, when asked about the prospect of the Australian federal Constitution being changed to allow people with dual citizenship, to stand for, and hold, office in the Australian federal parliament, the campaign manager for a local Labor Party candidate, told me that people with dual citizenship, should not be allowed to vote, let alone stand for the parliament, which policy statement was upheld by the federal headquarters of the Australian Labor Party.

The Recommendation of The House of Representatives Standing Committee on Legal and Constitutional Affairs

At http://aec.gov.au/About_AEC/Publications/backgrounders/s44-constitution.htm as viewed on 12 June 2016, was

"
The House of Representatives Standing Committee on Legal and Constitutional Affairs was given a reference in late 1996 to inquire into and report on the operation of subsections 44(i) and (iv) of the Constitution, including the exceptions to subsection 44(iv). The Committee was also asked to inquire into and report on action to address any identified problems, including constitutional amendment, legislative change and administrative action.

The Committee received 37 written submissions, including two from the Australian Electoral Commission (AEC), and conducted seven public hearings in, Canberra, Melbourne, Sydney and Perth, over a period of two months. The Report, entitled "Aspects of Section 44 of the Australian Constitution" was tabled on 25 August 1997 in the House of Representatives by the Chairman of the Committee, Mr Kevin Andrews MP.
"

and

"
Recommendation 2: The Committee recommends that a referendum be held to make the following changes to the constitution:
delete subsection 44(i).
insert a new provision requiring candidates and members of parliament to be Australian citizens.
"

The response to that committee's recommendation, by the self-serving members of the Australian federal parliament, has been to deliberately prevent a significant proportion of Australians, from being represented in the Australian federal parliament.

It is conspicuous that the Australian federal parliament, in keeping itself as a closed shop, being "government by the rich and powerful, for the rich and powerful", and, keeping people who are required to vote in federal elections, from nominating as candidates in federal elections, has not, after 19 years, put a question to the Australian voters, by referendum, as to whether section 44(i) of the Australian Constitution, should be deleted or modified.

I believe that the federal parliament is under an obligation to the Australian voting public, to put to the Australian voters, by way of a constitutional referendum, the question:

"Should section 44(i) of the Australian Constitution, be changed from
"Is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power: or"
to
"Who applies for and/or obtains citizenship of any foreign power after nominating as a candidate in the election in which the person seeks office as a member of the parliament, or who otherwise pledges allegiance to any foreign power after nominating as a candidate in the election in which the person seeks office as a member of the parliament, or otherwise applies for or holds any citizenship that is not declared on the person's nomination as a candidate in the election in which the person seeks office as a member of the parliament, or who has an undetermined application for citizenship of any foreign power as at the time of nominating as a candidate in the election in which the person seeks office as a member of the parliament, or"

thus allowing people who have dual citizenship, providing all citizenships held, are declared at the the time of nominating as a candidate in a federal election, to nominate as candidates in federal elections, and to hold office as members of the parliament, if elected, but, prohibiting applying for or taking on, any additional citizenships, after nominating as a candidate, and, if elected, while holding office as a member of the federal parliament.

If people are not allowed to vote in elections for a parliament, or, are not allowed to stand as candidates in elections for the parliament, then they are not represented in the parliament. Both entitlements are required, to ensure representation in the legislature.

And, as the proverb says, "Taxation without representation, is tyranny".

At http://aec.gov.au/About_AEC/Publications/backgrounders/s44-constitution.htm as viewed on 12 June 2016, was

"
The House of Representatives Standing Committee on Legal and Constitutional Affairs was given a reference in late 1996 to inquire into and report on the operation of subsections 44(i) and (iv) of the Constitution, including the exceptions to subsection 44(iv). The Committee was also asked to inquire into and report on action to address any identified problems, including constitutional amendment, legislative change and administrative action.

The Committee received 37 written submissions, including two from the Australian Electoral Commission (AEC), and conducted seven public hearings in, Canberra, Melbourne, Sydney and Perth, over a period of two months. The Report, entitled "Aspects of Section 44 of the Australian Constitution" was tabled on 25 August 1997 in the House of Representatives by the Chairman of the Committee, Mr Kevin Andrews MP.
"

and

"
Recommendation 2: The Committee recommends that a referendum be held to make the following changes to the constitution:
delete subsection 44(i).
insert a new provision requiring candidates and members of parliament to be Australian citizens.
"

It is conspicuous that the Australian federal parliament, in keeping itself as a closed shop, being "government by the rich and powerful, for the rich and powerful", and, keeping people who are required to vote in federal elections, from nominating as candidates in federal elections, has not, after 19 years, put a question to the Australian voters, by referendum, as to whether section 44(i) of the Australian Constitution, should be deleted or modified.

I believe that the federal parliament is under an obligation to the Australian voting public, to put to the Australian voters, by way of a constitutional referendum, the question:
"Should section 44(i) of the Australian Constitution, be changed from
"Is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power: or" to
"Who applies for and/or obtains citizenship of any foreign power after nominating as a candidate in the election in which the person seeks office as a member of the parliament, or who otherwise pledges allegiance to any foreign power after nominating as a candidate in the election in which the person seeks office as a member of the parliament, or otherwise applies for or holds any citizenship that is not declared on the person's nomination as a candidate in the election in which the person seeks office as a member of the parliament, or who has an undetermined application for citizenship of any foreign power as at the time of nominating as a candidate in the election in which the person seeks office as a member of the parliament, or"
thus allowing people who have dual citizenship, providing all citizenships held, are declared at the the time of nominating as a candidate in a federal election, to nominate as candidates in federal elections, and to hold office as members of the parliament, if elected, but, prohibiting applying for or taking on, any additional citizenships, after nominating as a candidate, and, if elected, while holding office as a member of the federal parliament.

Published elsewhere by me, 05 October 2017

- for anyone who wonders about the claim that dual citizens (about >25% of Australia's population)
are not represented in the Australian federal parliament

Searching the World Wide Web, using the term "Taxation without representation is tyranny", produces, amongst the results, the result
https://en.wikipedia.org/wiki/No_taxation_without_representation
which included, as viewed at 1340WST (UTC+0800)on 2017-10-05,
"
"No Taxation Without Representation" is a slogan originating during the 1750s and 1760s that summarized a primary grievance of the American colonists in the Thirteen Colonies, which was one of the major causes of the American Revolution. In short, many in those colonies believed that, as they were not directly represented in the distant British Parliament, any laws it passed affecting the colonists (such as the Sugar Act and the Stamp Act) were illegal under the Bill of Rights 1689, and were a denial of their rights as Englishmen.

Jonathan Mayhew, Old West Church’s second Congregational pastor, used the phrase, "No Taxation Without Representation" in a sermon in 1750. The phrase revives a sentiment central to the cause of the English Civil War following the refusal of parliamentarian John Hampden to pay ship money tax. "No Taxation Without Representation," in the context of British American Colonial taxation, appeared for the first time in the February 1768 London Magazine headline, on page 89, in the printing of Lord Camden’s "Speech on the Declaratory Bill of the Sovereignty of Great Britain over the Colonies."

Prior to the American Revolution
The English Parliament had controlled colonial trade and taxed imports and exports since 1660. By the 1760s, the Americans were being deprived of a historic right. The English Bill of Rights 1689 had forbidden the imposition of taxes without the consent of Parliament. Since the colonists had no representation in Parliament, the taxes violated the guaranteed Rights of Englishmen. Parliament initially contended that the colonists had virtual representation, but the idea "found little support on either side of the Atlantic". John Dunmore Lang wrote in 1852, "The person who first suggested the idea [of Parliamentary representation for the colonies] appears to have been Oldmixon, an American annalist of the era of Queen Anne or George I. It was afterwards put forward with approbation by the celebrated Dr. Adam Smith, and advocated for a time, but afterwards rejected and strongly opposed, by Dr. Benjamin Franklin."

The eloquent 1768 Petition, Memorial, and Remonstrance objecting to taxation, written by the Virginia House of Burgesses and endorsed by every other Colony, was sent to the British Government, which seems to have ignored it.

American Revolution
Main article: American Revolution
The phrase had been used for more than a generation in Ireland. By 1765, the term was in use in Boston, and local politician James Otis was most famously associated with the phrase, "taxation without representation is tyranny." In the course of the Revolutionary era (1750–1783), many arguments were pursued that sought to resolve the dispute surrounding Parliamentary sovereignty, taxation, self-governance and representation.

Representative proposals before 1776
In the course of the 1760s and 1770s, William Pitt the Elder, Sir William Pulteney, and George Grenville, amongst other prominent Britons and colonial Americans, such as Joseph Galloway, James Otis Jr., Benjamin Franklin, John Adams, the London Quaker Thomas Crowley, Royal Governors such as Thomas Pownall M.P., William Franklin, Sir Francis Bernard, and the Attorney-General of Quebec, Francis Maseres, debated and circulated plans for the creation of colonial seats in London, imperial union with Great Britain, or a federally representative British Parliament with powers of taxation that was to consist of American, West Indian, Irish and British Members of Parliament.
"

So, we, the Australians who have citizenship(s) in addition to Australian citizenship, regarded as being at least a quarter of the population of Australia, in being prohibited from nominating for, for holding, and, for having held, seats in the federal parliament, are clearly, not represented in the Australia federal parliament, and, as stated above, "taxation without representation is tyranny.".

And, from the above article;

"
The English Parliament had controlled colonial trade and taxed imports and exports since 1660. By the 1760s, the Americans were being deprived of a historic right. The English Bill of Rights 1689 had forbidden the imposition of taxes without the consent of Parliament. Since the colonists had no representation in Parliament, the taxes violated the guaranteed Rights of Englishmen.
"

comes the interesting question - on that basis, since Australian federal taxes apply also to Australians who have citizenship(s) in addition to Australian citizenship, who have no representation in the Australian federal parliament, is s44(i) of the Australia federal Constitution, legal, without exempting every Australian citizen who is disqualified from nominating for, for holding, and, for having held, seats in the federal parliament, from all federal taxes?

Hmmm... That could be an interesting question for constitutional law students to explore. After all, at the time of the Australian federal constitution being written, and, when the Australian federal Constitution was put to both the parliament of England and to the provisional federal parliament of Australia, "The English Bill of Rights 1689", would have applied, would it not? And, therefore, for Australia citizens disqualified from nominating for, for holding, and, for having held, seats in the federal parliament, by virtue of s44, with "no representation in Parliament, the taxes violated the guaranteed Rights of Englishmen.", as, all Australians were "Englishmen", at the time of the creation and implementation of the Australian federal Constitution.



Now, the shonky constitution of the Australian federal senate

From the Australian federal Constitution Act, and the Australian Federal Electoral Act 1918, we have the following.

"
COMMONWEALTH ELECTORAL ACT 1918 - SECT 42
Term of service of senator for Territory

The term of service of a senator for a Territory commences on the day of his or her election and expires at the close of the day immediately before the polling day for the next general election.
"

(That should apply equally, to ALL members of the Australian federal senate, and, to ALL members of the Australian federal parliament)

"
COMMONWEALTH ELECTORAL ACT 1918 - SECT 43
Time of elections of senators for Territories

An election of the senators for each Territory shall be held at the same time as each general election.
"

(That should also, apply equally, to ALL members of the Australian federal senate, and, to ALL members of the Australian federal parliament)

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 28
Duration of House of Representatives

Every House of Representatives shall continue for three years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor-General.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 7
The Senate [see Note 5]

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the State shall be one electorate.

Until the Parliament otherwise provides there shall be six senators for each Original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall have less than six senators.

The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Governor to the Governor-General.
"

(s07 of the Constitution, significantly, does not provide for senators for the Northern Territory and for the Australian Capital Territory which, thence, have senators that are not authorised by the Constitution.)

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 9
Method of election of senators [see Note 6]

The Parliament of the Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the States. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for that State.

Times and places [ see Note 6]

The Parliament of a State may make laws for determining the times and places of elections of senators for the State.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 13
Rotation of senators

As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of the third year three years, and the places of those of the second class at the expiration of the sixth year six years, from the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service.

The election to fill vacant places shall be made in the year at the expiration of which within one year before the places are to become vacant.

For the purposes of this section the term of service of a senator shall be taken to begin on the first day of January July following the day of his election, except in the cases of the first election and of the election next after any dissolution of the Senate, when it shall be taken to begin on the first day of January July preceding the day of his election.
"

(s13 of the Comnstitution makes quite clear, that the members of the senate, are not equal - the senators for the states, have "rotating" six year terms, whereas the senators for the NT and the ACT, are limited to, at most, three year terms, expiring with the term of the lower house, so indicating the people of the NT and the ACT, and, their senators, to be lower in class, than those of the states.)

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 14
Further provision for rotation [see Note 7]

Whenever the number of senators for a State is increased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of senators for the State as it deems necessary to maintain regularity in the rotation.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 15
Casual vacancies [see Note 8]

If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together, or, if there is only one House of that Parliament, that House, shall choose a person to hold the place until the expiration of the term. But if the Parliament of the State is not in session when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days from the beginning of the next session of the Parliament of the State or the expiration of the term, whichever first happens.

Where a vacancy has at any time occurred in the place of a senator chosen by the people of a State and, at the time when he was so chosen, he was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.

Where:

(a) in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and

(b) before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist);

he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with section twenty-one of this Constitution.

The name of any senator chosen or appointed under this section shall be certified by the Governor of the State to the Governor-General.

If the place of a senator chosen by the people of a State at the election of senators last held before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 became vacant before that commencement and, at that commencement, no person chosen by the House or Houses of Parliament of the State, or appointed by the Governor of the State, in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, held office, this section applies as if the place of the senator chosen by the people of the State had become vacant after that commencement.

A senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 , being a senator appointed by the Governor of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State, shall be deemed to have been appointed to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State that commenced or commences after he was appointed and further action under this section shall be taken as if the vacancy in the place of the senator chosen by the people of the State had occurred after that commencement.

Subject to the next succeeding paragraph, a senator holding office at the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State shall be deemed to have been chosen to hold office until the expiration of the term of service of the senator elected by the people of the State.

If, at or before the commencement of the Constitution Alteration (Senate Casual Vacancies) 1977 , a law to alter the Constitution entitled " Constitution Alteration (Simultaneous Elections) 1977 " came into operation, a senator holding office at the commencement of that law who was chosen by the House or Houses of Parliament of a State in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the State shall be deemed to have been chosen to hold office:

(a) if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and seventy-eight--until the expiration or dissolution of the first House of Representatives to expire or be dissolved after that law came into operation; or

(b) if the senator elected by the people of the State had a term of service expiring on the thirtieth day of June, One thousand nine hundred and eighty-one--until the expiration or dissolution of the second House of Representatives to expire or be dissolved after that law came into operation or, if there is an earlier dissolution of the Senate, until that dissolution.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 33
Writs for vacancies

Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Commonwealth the Governor-General in Council may issue the writ.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 47
Disputed elections

Until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 27
Alteration of number of members

Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.
"

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 48
Allowance to members

Until the Parliament otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat.
"



Now, I contend that those sections of the Australian federal Constitution Act, should be changed, via referendum, as is required by the Constitution, so as to start to instroduce a degree of democracy and accountability into the Australian federal parliament, and so should any affected other sections of the Constitution, be changed, and, other affected legislation, be changed, to accommodate the changes defined as follows.

1. Section 7 of the Australian federal Constitution, should instead be:

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 7
The Senate

(a) The Senate shall be composed of senators for each State and Territory, directly chosen by the people of the respective State or Territory.

(b) Each State and Territory shall be divided into senatorial divisions, with each senatorial division within each State or Territory, being of as close as practicably possible to the number of electors for each state or territory, divided by the number of senators for the respective state or territory, and each senatorial division of each state and territory shall elect one senator.

(c) Until otherwise provided by this Constitution, with such change being by way of amendment to this Constitution, there shall be twelve senators for each state, and, two senators for each of the Northern Territory and the Australian Capital Territory..

(d) The term of service of each senator commences on the day of his or her election and expires at the close of the day immediately before the polling day for the next general election.
"

2. Section 9 of the Australian federal Constitution, should instead be:

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 9
Method of election of senators

The method of election of senators shall be the same as for members of the House Of Representatives.
"

3. Section 13 of the Australian federal Constitution, should instead be:

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 13
Writs for vacancies in the Senate

Whenever a vacancy happens in the Senate, the President of the Senate shall issue his writ for the election of a new member, or if there is no President of the Senate or if he is absent from the Commonwealth the Governor-General in Council may issue the writ.
"

and ss14 and 15 of the Australian federal Constitution, should be repealed.

4. Section 27 of the Australian federal Constitution, should instead be

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 27
Alteration of number of members

The number of members of the House of Representatives shall be changed only by Constitutional Amendment, the process for which, being as provided in this Constitution.
"

5. Section 47 of the Australian federal Constitution, should instead be

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 47
Disputed elections

Any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the High Court of Australia, with that court sitting as the federal Court of Disputed Returns, in the case of a disputed election. "

6. Section 48 of the Australian federal Constitution, should instead be

"
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 48
Allowance to members

(a) Each senator and each member of the House of Representatives shall receive a base salary of twice the median income for all residents in Australia who are of at least the voting age, the base salary to be reckoned from the day on which he or she takes his or her seat. The base salary rate shall be published and provided to each elector, at the commencement of each financial year.

(b) All ex-officio increments to the base salary, shall be indexed to the base salary, and the rates of the indexed increments shall be published and provided to each elector, at the commencement of each financial year.

(c) Upon termination of membership of either House of the Parliament, whether by resignation or otherwise, a member shall have the same entitlements relating to the base salary in effect at the time of the termination, as a member of the public, receiving the minimum wage, relative to the minimum wage, and, no more than that; unless the member was not eligible to have been a member of either House of the parliament, in which case, the member shall have no entitlements resulting from being a member of either House of the parliament.
"



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This web page was last updated on 29 August 2018..