7b) Using one example of a successful referendum analyse the impact on the division of powers. (5 marks)
In 1967, the government staged a referendum on whether the parliament should have powers in respect to indigenous people. All 6 states voted in favour of this resolution and 90.77% of voters across Australia voted in favour.
The referendum amended section 51 of the constitution, which states the legislative powers of the parliament. This amendment allowed parliament to move in to an area of law making that was previously denied under the constitution. The referendum altered the wording of section 51, giving parliament the power to legislate for the people of any race, including indigenous people. This broadened the law making powers the federal parliament.
Simultaneously, this also removed that ability of state parliaments to legislate over indigenous people, narrowing their law making abilities. Previously, as the constitution did not permit the federal parliament to legislate for indigenous people, this power automatically fell to state parliaments. However, due to this amendment, now only the federal parliament may enact new legislation regarding indigenous people.
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