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CHAPTER VIII.-ALTERATION OF THE
CONSTITUTION.

Mode of altering the Constitution. 190

128. 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 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 GovernorGeneral 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 qualified to vote for the election of the House of Representatives.

L. P.

59

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 GovernorGeneral 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.

§ 190." ALTERATION OF CONSTITUTION.”

LEGISLATION.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906.

This Act provides the necessary machinery and procedure for submitting to the people proposed laws for the alteration of the Constitution which have been passed by the Senate and House of Representatives. The first step prescribed is the issue of a writ by the Governor-General. Attached to writ is a copy of the proposed law, and the text of the principal provisions of the Constitution proposed to be altered. The voting at the referendum must be taken throughout Australia on the day appointed on the writ; the voting at the referendum must be by ballot and each elector

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is required to indicate his vote whether "Yes" or "No" by placing a cross in the blank square in front of the word " Yes or by placing a cross in the blank square in front of the word "No" according to his choice. The result of the referendum is afterwards ascertained

by scrutiny.

REFERENDUM (CONSTITUTION ALTERATION) 1909.

This Act makes a number of amendments in the Principal Act defining the mode of conducting a reference to the people in connection with proposed alterations of the Constitution.

Proposed Constitutional Amendments.

For details of proposed laws to amend the Constitution, see supra pp. 20-22, 305, 500, 588, 606, 613 and infra p. 945.

SCHEDULE.

OATH.

I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. SO HELP ME GOD!

AFFIRMATION.

I, A. B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.

(NOTE. The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.)

LEGISLATIVE POWERS OF THE COMMONWEALTH AND THE STATES OF AUSTRALIA.

APPENDIX.

CONSTITUTION, Section 51 (II.).

"TAXATION.”

The Income Tax Act 1918 provides that a tax of ten per centum of the gross prize money is payable in respect of a cash prize in a lottery.

For every pound sterling of the taxable income of a company which has not been distributed to the members or shareholders of the company, the rate of tax is one shilling and tenpence halfpenny.

For every pound sterling of the income of a company distributed to the members, shareholders or stockholders of the company who are absentees and of interest paid or credited by the company to any person who is an absentee in respect of debentures of the company or on money lodged at interest with the company by such person the rate of tax shall be sixpence.

The Estate Duty Assessment Act 1914-16 authorizes the taxation of property which has passed from a deceased person by gift inter vivos within one year prior to his decease.

The War Time Profits Tax Assessment Act 1917 does not operate on profits arising after 30th June 1919.

CONSTITUTION, Section 51 (Iv.).

"BORROWING MONEY."

A brief review of the financial position of the Commonwealth was given by the Treasurer (Mr. WATT) in the House of Representatives on 25th June 1919.

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