CONTEMPORARY BUSINESS LAW

Session 1 – Introduction to Law/Australian Legal System
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1. WHAT IS LAW?

1.1 Legal Terms

A Law - A particular legal rule.

The Law - A declaration of behaviour in our society.

- A comprehensive and changing set of rules.

Jurisprudence - The general principles underlying the law: the foundation for the making of the law.

Natural Law - The principles of reason and justice which flow from the law of nature (or the law of God) and which form the foundation of our legal system.

Religious Law - What is right and wrong?

Rationalist Law - What is reason?

1.2 Foundation for Democratic Law

Natural law is based on the notions of the laws of God and reason/common sense – ie, a combination of Religious and Rationalist law. We see direct examples of Christian teachings in our law. A notable example is the case of Donoghue v Stevenson which is a major case in the law of tort.

John Locke explained that natural law involved a fundamental belief that all men are equal and will, therefore, equally respect and not harm each other. His view inspired the core principle of the American Declaration of Independence and, as a result, two of the most impacting speeches:

American Declaration of Independence:

“We hold these truths to be self evident – that all men are created equal, that they are endeavoured by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”

Gettysburg Address:

“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal …

… that we are highly resolved that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.”

Martin Luther King:

“I have a dream …. that one day this nation will rise to live out its creed that all men are created equal.”

1.3 Concepts Underlying A Legal System

1.3.1 That Man is Evil by Nature:

Various philosophers have expressed a view that laws should be made to suppress the evil instincts of humans, rather than look at humans in a more positive light.

Important examples of these philosophers are:

St Augustine

- He drew attention to man’s inherent evil nature, ie, his natural, or original, sin – and the need for positive laws to keep him in check;

Thomas Hobbes (in his 17th Century text ‘Leviathan’)

- He said man was brutish in nature and needed laws to suppress his natural instincts.

John Austin

- His view was that mere reliance on a sense of morality or justice was not enough. - “Law is a command of the sovereign, non-compliance with which leads to punishment.”

Legal Positivism (requiring society to be obedient to a certain superior) is based on these principles.

David Hume

- He drew a distinction between how our society actually is as opposed to what it ought to be. - Natural law looks at what “ought”. - Positivism looks at what “is” – that is, the harsh realities of life - as a result of which, laws should be made accordingly.

The Old Testament of the Bible reflects this view of humans and the need for strict rules (such as the Ten Commandments) and strict and direct punishment (‘An eye for an eye and a tooth for a tooth’). Some cultures such as Iran adopt this general philosophy.

1.3.2 That Man Is Inherently Good:

This involves the opposite philosophy – that humans are fundamentally good beings and their laws should reflect this.

The philosophers reflecting this view can be categorized as follows:

Romantics

- Their view is that man is the most perfect creature and, therefore, left to reason it out, he will automatically perfect his society (the foundation of democracy).

Anarchists

- Their radical view is that laws are the tools of oppression and privilege and man is better served by having no laws at all.

Marxists

- The views of Karl Marx that society will correct itself through revolution of the common man (proletariat) against the privileged (bourgoisie). This principle was the foundation of the Russian Revolution of 1917 and the creation of the USSR. [George Orwell’s Animal Farm is a brilliant allegory dealing with the underlying problems of this ideal.

1.3.3 The Golden Means of Compromise

The Western World cultures have generally sought a balance as per these philosophers:

Aristotle

- He spoke in terms of laws being necessary to provide a balance between compassion and punishment.

Bentham

- He founded the Utilitarianism, the notion of laws finding a balance to achieve the greatest good for the greatest number of people.

Roscoe Pound

- He founded the theory of social engineering, the concept that law is used as a dynamic force to mould change in our society (as opposed to laws merely reacting to society’s needs/demands.

1.4 Jurisprudence – A Living Concept

← Jurisprudence is a living concept. Australia’s sovereignty (‘supreme power’ – power over its own laws) is, in a sense, at risk by globalism. This has been a challenging consideration in recent times with regard to the extent of Australia’s participation in the International Criminal Court, a court based in Europe with power to deal with war criminals. Although, on the face of it, a good idea, there is potential for Australians, serving the Australian armed forces in Afghanistan/Iraq, for example, to be tried by such a court on a judicial basis founded on other countries’ (perhaps corrupt) criteria. The Government’s answer is to join but with the protection that an Australian can only be tried if approved by the Commonwealth Attorney-General.

← In July 2002, the then High Court Chief Justice Murray Gleeson addressed a conference of the Australian Bar Association in Paris. He acknowledged that globalisation and international human rights law had impacted on the High Court’s decision making and said that “(Mabo) was a notable example of the High Court of Australia developing the common law in response to the forces of globalisation”. On the issue of fundamental issues in the way we are governed, he went on to nominate four specific issues:

- judicial independence

- presumption of innocence

- freedom from arbitrary arrest or imprisonment

- right to remain silent

2. Issues for Consideration …

1. Consider the facts of the following case which actually occurred in the late 19th Century.

R v Dudley and Stephens

The case involved Thomas Dudley and Edwin Stephen who were indicted for the wilful murder of Richard Parker on 25 July 1884, on the high seas, within the jurisdiction of the Admiralty of England.

The prisoners, able-bodied English seamen, and the deceased, an English boy between 17 and 18 years of age, were cast away in a storm at sea and were compelled to evacuate to a small open boat. They ran out of food after 8 days.

The prisoners suggested that someone should be sacrificed to save the rest but another crew member dissented and the boy to whom they were referring, was not consulted. No vessel appeared and the prisoners agreed to the act, with the dissenting crew member abstaining.

The boy was extremely weakened by famine and by drinking sea water, he was unable to make any resistance. The boy was killed and the 3 men fed upon his body for 4 days when they were rescued. Under the circumstances, the prisoners had assumed there was every probability that, unless they had fed upon the boy or one of themselves, they would have died of starvation.

- Was a crime committed in the circumstances? - If so, how severe and what punishment do you consider appropriate?

2. What should come first – ‘the horse or the cart’?

- We see many examples of Roscoe Pound’s theory in action. The question remains – should the law be proactive or reactive: should it promote change or respond to the change in society?

Examples: Family Law DNA Sexuality ( 1978) WHEN MARDI GRAS STARTED ) Censorship Euthanasia

3. We have few rights ‘consecrated’ in a formal document. Our Constitution is not a Bill of Rights. Professor A V Dicey said that if we have certainty and equality then we need no constitutional guarantee. Some say that to indelibly engross certain rights can lead to ‘wrongs’ being quarantined from censure. Others say that we must have a Bill of Rights to protect the individual from harassment and worse – like Jean Valjean in Les Miserables.

What do you think?

4. A class government?

You and your classmates have arrived at Utopia and you are on your own. Having regard to the philosophies referred to above, what sort of governing system will you create – a strictly ruled and controlled one advocated by the legal positivists?; a free, non-governed system advocated by the anarchists?; communist?; democracy?

3. CHRONOLOGY OF UNITED KINGDOM EVOLUTION

|1066 |- Norman invasion. |
| |“This I will and order, that all shall have and hold, the law of King Edward (the Confessor) as to lands and all other things with |
| |those additions which I have established for the good of the English people”. |
| |Laws made ‘with the counsel of the Barons’. |
| |William I (the Conqueror) - the Feudal System. |
| |Establishment of Curia Regis (King’s Counsel) |
|1100-35 |Henry I (4th son of William) |
| |“I give you back King Edward’s law with those improvements whereby my father improved it by the counsel of his barons”. |
|1215 |- The Barons v King John |
| |- The Magna Carta – modest accountability of the King: |
| |The King is subject to the law |
| |No new taxation impositions without counsel and consent |
| |No ‘punishment’ except for proven breach of law |
|1265 |- Henry III |
| |Curia Regis expanded to include 2 knights from each Shire and 2 representatives from each Borough. |
|1295 |- Model Parliament. |
|1536 |- Act of Union – Wales united with England. |
|1450 |- Bills to be passed “by the advice and assent of the Lords and Commons”. |
|1603+ |- Stuart Monarchs |
| |Supremacy of Parliament v Divine Right of Kings? |
| |- James I refused to call Parliament but courts refused enforcement of his taxation proclamations. |
|1611 |- Chief Justice Coke (with 3 other Judges) decides King cannot legislate by Royal Proclamation (things go better with Coke!) |
|1688 |- James II flees United Kingdom – having had recourse to dispensing and suspending powers. |
| |William and Mary accept the vacated Crown subject to Bill of Rights, including: |
| |Illegality of ‘pretended power of suspending of laws or execution of laws by regal authority without consent of Parliament’; |
| |Illegality for the Crown to raise money without Parliamentary approval; |
| |King-in-Parliament supreme. |
|1701 |- Act of Settlement (due to Mary’s death – no children) |
| |- Secured Protestant succession and male priority |
|1707 |- Act of Union by which Kingdom of Great Britain formed from the union of England (and Wales) with Scotland. |
|18th C |- Growth of Cabinet system and parties |
|1800 |- Act of Union to form the United Kingdom from the Kingdoms of Great Britain and Ireland (only Northern Ireland after 1922). |

|1832 |- Reform Act |
| |- Uniform borough franchise for House of Commons |
|1885 |- Male franchise extended |
|1927 |- Female franchise (vote) |
|1911/49 |- Reduction of House of Lords’ powers: could only delay: |
| |Money Bills: 1 month |
| |Other Bills: 1 year |
|1997 |- Scotland regains its own Parliament with some powers (but remains part of UK). |

4. Summary – A Shift of Power – 1066 to now

Shift of Power from:

[See Session 2 for a closer review of the Parliamentary process and the development of the Court system].

5. Inheritance of English Law into Australia

‘Australia’ as such, did not exist as an independent entity until 1 January 1901.

Its name was recommended by Matthew Flinders and it was a name used during the latter half of the 19th Century.

See attachment with regard to developments of Australian colonies subsequently comprising the States of Australia.

Inheritance, therefore, relates initially to New South Wales and, subsequently, Australia. Why did England seek to colonise?

- East Coast discovered

- Loss of American colonies

- Fear of French expansion and rising tension in France (culminating in Revolution one year after settlement)

6. CHRONOLOGY OF AUSTRALIAN CONSTITUTIONAL HISTORY (significant dates highlighted)

|1756 |Sir William Blackstone: ‘The laws of England shall apply to the colonies to the extent that they are applicable’. |
|1784 |24 Geo III Ch. 56 – King in Council granted power to declare places to which convicts might be sent. |
|1786 |NSW declared to be such a place. |
| |Captain Phillip appointed Governor. |
|1787 |27 Geo III Ch. 2 – person holding position of Governor to have power to convene Court of Criminal Judicature. |
|1788 |25 January. Phillip lands in Botany Bay. |
| |Question of Sir William Blackstone’s famous statement being applicable. |
| |Terra nullius: Settled Colonies and Conquered Colonies. |
|1814 |New civil court established. |
| |Disagreements between Judge J H Bent and Governor Macquarie. |
|1823 |4 Geo IV Ch. 96 letters patent established Supreme Court of NSW Legislative Council. (Nominated by Governor) |
| |Power granted to make laws for the colony consistent with laws of England Executive Council; to assist in day-to-day administration|
| |of Government. |
|1828 |9 Geo IV Ch. 83 – Legislative Council expanded. |
| |Introduction of English law into NSW and Van Diemen’s land (later Tasmania) on 25 July 1828. |
| |Government and Legislative Council granted power to declare which laws should apply in the colony. [This confirmed the application|
| |of Blackstone’s comment.] |
|1855 |NSW Government Act. |
| |Bi-cameral body (upper and lower houses of Parliament). |
| |Governor empowered to act with the advice and consent of both houses authorised to legislate for “peace order and good government |
| |to the colony”. |
|1865 |Colonial Laws Validity Act (CLVA) (enacted because of Justice Boothby of SA Supreme Court). |
| |Colonial laws would now be void or inoperative “only if they were contrary to Imperial (UK) Acts of Parliament expressly or by |
| |necessary implication extending to the colony” (ie, greater freedom to colonial law making but still subject to control from the |
| |UK). |
| |Section 5: Right to amend our constitution provided amendment follows existing “manner and form”. |
|1900 |Australian Constitution Act. |
|1902 |Constitution Act (NSW). |
|1920/30’s |Attempts to abolish Legislative Council foiled by injunction of the Supreme Court and the High Court and Privy Council agree that |
| |Section 7A must now be followed. A new manner and form could be entrenched – see Attorney-General of NSW v Trethowan. |
|1942 |Statute of Westminster – Terminated CLVA in Federal matters (other than the requirement to follow the existing ‘manner and form’ |
| |requirements of any legislation such as Referendum requirements). |
|1971 |Imperial Acts Applications Act sets out the laws applicable to NSW as at 25 July 1828 (see Schedule to that Act). |
|1978 |Referendum for popular election of Legislative Council passed by electors. This has resulted in more importance for the Council as|
| |it often holds the balance of power with minority parties. |
|1986 |The Australia Act – Terminated CLVA in State matters (other than ‘manner and form’). Terminated appeals to Privy Council and |
| |specified powers and functions of Governors and the Monarch. |

7. ATTACHMENTS

7.1 Commonwealth of Australia Constitution Act 1900

[Please note that any reference to “Commonwealth”, “Federal” and “Australian” all relate to the Australian Parliament or Government which operate from Canberra.]

- An Act of the British Parliament made after considerable persuasion and manipulation for all Colonies to agree.

- Established a ‘hybrid’ constitutional structure in part based on the UK and, in part, on the US ← monarchical, two house, two main parties system of the UK ← federal system of the US.

- The Colonies became the States.

- Limited adherence to Separation of Powers doctrine.

- Division of Power between State and Federal

← Section 51: concurrent powers on areas of main concern to Australia as a whole. [“CONCURRENT”, in this context, means powers can be exercised by both the Commonwealth and the States – subject to Section 109 below. For example, under the currency power, only the Commonwealth can mint coins because the Commonwealth legislation makes it clear that only the Commonwealth can do so. However, taxation is still, to some extent, shared between the Commonwealth and the States.] ← Section 52: limited exclusive powers to the Commonwealth (Federal) over Commonwealth land and Commonwealth public servants. ← Section 107: all other matters belong to the States. ← Section 109: resolves issue of inconsistency between Commonwealth and States – Commonwealth prevails but.

[See attached Constitution Sections including those referred to below]

- See attached Comparison of Federal Systems relating to other countries and Australia.

Two questions asked:

1. Is Commonwealth legislation regarding a Section 51 or 52 matter? 2. If so, is there inconsistency with State legislation? ← double obedience test, replaced by ← covering the field test which asks, for the purpose of Section 109, does the Commonwealth Act intend covering the whole field of the topic of its Act? [The question we ask is: has the Commonwealth legislation fully or only partially dealt with the area of law?]

- Limits of Federal Parliament ← No legislation with respect to certain aspects of religion (s 116) ← Tax laws must not discriminate between States or part of States (s 51(ii)) ← Property acquisition must be “on just terms” (s 51(xxxi)) ← Freedom on trade between the States (s 92)

- Section 128 – Method of change – Referendum (see attached history)

- High Court established.

7.2 Main Constitution Sections

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51

Legislative powers of the Parliament

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

i) trade and commerce with other countries, and among the States;

ii) taxation; but so as not to discriminate between States or parts of States;

iii) bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth;

iv) borrowing money on the public credit of the Commonwealth;

v) postal, telegraphic, telephonic, and other like services;

vi) the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth;

vii) lighthouses, lightships, beacons and buoys;

viii) astronomical and meteorological observations;

ix) quarantine;

x) fisheries in Australian waters beyond territorial limits;

xi) census and statistics;

xii) currency, coinage, and legal tender;

xiii) banking, other than State banking; also State banking extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money;

xiv) insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned;

xv) weights and measures;

xvi) bills of exchange and promissory notes;

xvii) bankruptcy and insolvency;

xviii) copyrights, patents of inventions and designs, and trade marks;

xix) naturalization and aliens;

xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth;

xxi) marriage;

xxii) divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;

xxiii) invalid and old-age pensions;

(xxiiiA) the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances;

xxiv) the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States;

xxv) the recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States;

xxvi) the people of any race , other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;

xxvii) immigration and emigration;

xxviii) the influx of criminals;

xxix) external affairs;

xxx) the relations of the Commonwealth with the islands of the Pacific;

xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws;

xxxii) the control of railways with respect to transport for the naval and military purposes of the Commonwealth;

xxxiii) the acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State;

xxxiv) railway construction and extension in any State with the consent of that State;

xxxv) conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State;

xxxvi) matters in respect of which this Constitution makes provision until the Parliament otherwise provides;

xxxvii) matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law;

xxxviii) the exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any power which can at the establishment of this Constitution be exercised only by the Parliament of the United Kingdom or by the Federal Council of Australasia;

xxxix) matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 52

Exclusive powers of the Parliament

The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to:

i) the seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes;

ii) matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth;

iii) other matters declared by this Constitution to be within the exclusive power of the Parliament.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 92

Trade within the Commonwealth to be free

On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.

But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 107

Saving of Power of State Parliaments

Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 109

Inconsistency of laws

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 116

Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 128

Mode of altering the Constitution

This Constitution shall not be altered except in the following manner:

The proposed law for the alteration thereof 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 and Territory to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may 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.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.

And 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 Governor-General for the Queen's assent.

No alteration diminishing 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 Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

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.

7.3 Changing Face of Australia

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7.4 Comparison of Federal Systems

| | |AUSTRALIA |UNITED STATES |CANADA |INDIA |GERMANY |SWITZER- |
| | | | | | | |LAND |
| |No |Incorporated as |Yes |Extensive |Incorporated as |Extensive |Incorporated as |
| | |amendments to the| |constitutional |part I of the |constitutional |part II of the |
|Bill of rights? | |Constitution | |protection |Constitution |protection |Constitution |
|Constitutional prohibition of the death|No |No |No |No |Yes |Only for |No |
|penalty | | | | | |political crimes | |
| |Approval by |Approval by |Approval by |Approval by |Approval by |Approval by |Approval by |
| |parliament and |Congress and ¾ of|federal |federal |federal |federal |federal |
|Method of constitutional amendment |referendum |States |parliament and |parliament |parliament |parliament and |parliament |
| | | |2/3 of provinces | | |referendum | |
| |No |No |No |At discretion of |No |No |Supreme head has |
| | | | |PM government of | | |extensive powers |
| | | | |PM may take over | | |under an |
|Emergency powers in peacetime? | | | |State’s powers | | |emergency |
| |Defence |Central |Central|Central |
| | | | | |
|DISTRIBUTION OF | | | | |
|LEGISLATIVE POWERS | | | | |
|(between government) | | | | |
|Senate Elections |12.12.1906 |All |* |82.65 |
|Finance |13.04.1910 |Qld, WA, Tas | |49.04 |
|State Debts |13.04.1910 |All but NSW |* |54.95 |
|Legislative Powers |26.04.1911 |WA | |39.42 |
|Monopolies |26.04.1911 |WA | |39.89 |
|Trade & Commerce |31.05.1913 |Qld, SA, WA | |49.38 |
|Corporations |31.05.1913 |Qld, SA, WA | |49.33 |
|Industrial Matters |31.05.1913 |Qld, SA, WA | |49.33 |
|Railway Disputes |31.05.1913 |Qld, SA, WA | |49.13 |
|Trusts |31.05.1913 |Qld, SA, WA | |49.78 |
|Nationalisation of Monopolies |31.05.1913 |Qld, SA, WA | |49.33 |
|Legislative Powers |13.12.1919 |Vic, Qld, WA | |49.65 |
|Nationalisation of Monopolies |13.12.1919 |Vic, Qld, WA | |48.64 |
|Industry & Commerce |04.09.1926 |NSW, Qld | |43.50 |
|Essential Services |04.09.1926 |NSW, Qld | |42.80 |
|State Debts |17.11.1928 |All |* |74.30 |
|Aviation |06.03.1937 |Vic, Qld |# |53.56 |
|Marketing |06.03.1937 |None | |36.26 |
|Post-War Reconstruction & Democratic Rights |19.08.1944 |SA, WA | |45.99 |
|Social Services |28.09.1946 |All |* |54.39 |
|Organised Marketing of Primary Products |28.09.1946 |NSW, Vic, WA |# |50.57 |
|Industrial Employment |28.09.1946 |NSW, Vic, WA |# |50.30 |
|Rent & Prices |29.05.1948 |None | |40.66 |
|Power to deal with Communists |22.09.1951 |Qld, WA, Tas | |49.44 |
|& Communism | | | | |
|Parliament |27.05.1967 |NSW | |40.25 |
|Aborigines |27.05.1967 |All |* |90.77 |
|Prices |08.12.1973 |None | |43.81 |
|Incomes |08.12.1973 |None | |34.42 |
|Simultaneous Elections |18.05.1974 |NSW | |48.30 |
|Mode of Altering the Constitution |18.05.1974 |NSW | |47.99 |
|Democratic Elections |18.05.1974 |NSW | |47.20 |
|Local Government Bodies |18.05.1974 |NSW | |46.85 |
|Simultaneous Elections |21.05.1977 |NSW, Vic, SA |# |62.20 |
|Senate Casual Vacancies |21.05.1977 |All |* |73.32 |
|Territory Voting in Referendums |21.05.1977 |All |* |77.72 |
|Retirement of Judges |21.05.1977 |All |* |80.10 |
|Terms of Senators |01.12.1984 |NSW, Vic |# |50.64 |
|Interchange of Powers |01.12.1984 |None | |47.06 |
|Parliamentary Terms |03.09.1988 |None | |32.91 |
|Fair Elections |03.09.1988 |None | |37.59 |
|Local Government |03.09.1988 |None | |33.61 |
|Rights & Freedoms |03.09.1988 |None | |30.79 |
|Republic |06.11.1999 |None | |45.13 |
|Preamble |06.11.1999 |None | |39.34 |

Total Number of Referendum Subjects – 44

* Number passed – 8
# Number passed on a National vote but failed to pass the ‘majority of states’ vote – 5
-----------------------
The King

The People

The Barons

The Electorate

The Parliament

The Commons