The Constitution Alteration (Industry and Commerce) Bill 1926, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to corporations, and to give it the power to make laws with respect to trusts and combinations in restraint of trade, trade unions and employer associations. It was put to voters for approval in a referendum held on 4 September 1926.
Question Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Industry and Commerce) 1926'?
Proposed Changes to the Constituation The proposal was to alter section 51 of the Constitution as follows:
Section fifty-one of the Constitution is altered— industry and Commerce. {a) by omitting from paragraph (xx.) the words “Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth ”, and inserting in their stead the words ‘‘Corporations, including— (a) the creation, regulation, control and dissolution of corporations; (b) the regulation, control and dissolution of corporations formed under the law of a State; and (c) the regulation and control of foreign corporations; but not including municipal or governmental corporations, or any corporation formed solely for religious, charitable, scientific or artistic purposes, or any corporation not formed for the acquisition of gain by the corporation or its members ”; (b) by omitting from paragraph (xxxv.) the words “ extending beyond the limits of any one State ”; and (c) by inserting after paragraph (xxxix.) the following paragraphs:— (xl.) Establishing authorities with such powers as the Parliament confers on them with respect to the regulation and determination of terms and conditions of industrial employment and of rights and duties of employers and employees with respect to industrial matters and things: (xli.) Investing State authorities with any powers which the Parliament, by virtue of paragraph (Xxxv.) or paragraph (xl.) of this section, has vested or has power to vest in any authority established by the Commonwealth: (xlii.) Trusts and combinations (whether composed of individuals or corporations or both) in restraint of trade, trade unions, and associations of employers or of employees for industrial purposes, including the formation, regulation control and dissolution thereof.
Results The referendum was not approved by a majority of voters, and a majority of the voters was achieved in only two states, New South Wales and Queensland. + Result State Electoral roll Ballots issued For Against Informal Vote % Vote % New South Wales 1,241,635 1,131,656 566,973 533,284 48.47 31,399 Victoria 968,861 888,661 310,261 36.23 546,138 32,262 Queensland 440,632 399,664 202,691 186,374 47.90 10,599 South Australia 303,054 281,492 78,983 29.32 190,396 12,113 Western Australia 190,286 164,555 46,469 29.29 112,185 5,901 Tasmania 110,484 98,356 41,711 44.86 51,278 5,367 Total for Commonwealth 3,254,952 2,964,384 1,247,088 43.50 1,619,655 97,641 Results Obtained majority in two states and an overall minority of 372,567 votes. Not carried
See also
Referendums in Australia Politics of Australia History of Australia
References