How a referendum changes the Australian Constitution

The Australian Constitution sets out how the country is governed, and Parliament cannot change it on its own. Any change needs the approval of voters at a referendum.

It starts as a bill

According to the Parliamentary Education Office, a proposed change must begin as a bill in the Australian Parliament. An absolute majority, meaning more than half of all senators and members of the House of Representatives, must vote for it. The referendum then takes place between two and six months after the bill passes. Section 128 of the Constitution also provides a way for a referendum to be held if the two houses cannot agree.

The Yes and No cases

Before the vote, members of parliament who supported the bill prepare the Yes case, and those who voted against it prepare the No case. The Australian Electoral Commission publishes both arguments with the proposed change and sends them to every household with an enrolled voter.

Voting

Voting works much like a federal election, and it is compulsory for Australian citizens aged 18 and over. Voters write Yes or No on the ballot paper.

The double majority

A referendum passes only if it wins a majority of voters across the nation and a majority of voters in a majority of states. This is called a double majority. It ensures support across the country and gives voters in every state, regardless of population, an equal say. Votes in the ACT and the Northern Territory count only towards the national total.

A high bar

The Parliamentary Education Office notes that since 1901 there have been 45 proposed changes to the Constitution, and eight have been agreed to by the Australian people.

Referendum or plebiscite?

A plebiscite is different. It is a national vote on a question that does not affect the Constitution, and it has no legal force.