411 REFERENCE · Wikipedia
1913 Australian referendum
Reference material by Wikipedia contributors. This retains its source identity and is not 411 news reporting.
none
October 2021
October 2021
The 1913 Australian referendum was held on 31 May 1913. It contained six referendum questions and was held in conjunction with the 1913 federal election.
Background
Having failed with the 1911 referendum, the Attorney-General, Billy Hughes, tried again, breaking each of the changes into separate questions. The changes were said to be necessary because the Commonwealth's powers had been cut down by successive decision of the High Court in applying the inter-governmental immunities and reserved state powers doctrines until they were said to be futile. The cases referred to by the Attorney-General were:Commonwealth of Australia Constitution Alteration (Trade and Commerce) Bill http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22hansard80%2Fhansardr80%2F1912-11-19%2F0085%22 House of Representatives 19 November 1912 5607 5609 Billy Hughes Attorney-General
Union label case (1908) - trade marksAttorney-General for NSW v Brewery Employees Union of NSW (Union label case) 1908 HCA 94 (1910) 6 CLR 469.
Huddart, Parker & Co Ltd v Moorehead (1909) - control of corporationsHuddart, Parker & Co Ltd v Moorehead 1909 HCA 36 (1909) 8 CLR 330.
SS Kalibia v Wilson (1910) - navigation powerSS Kalibia v Wilson 1910 HCA 77 (1910) 11 CLR 689.
Melbourne Steamship Co Ltd v Moorehead (1912) - trade & commerce powerMelbourne Steamship Co Ltd v Moorehead 1912 HCA 69 (1912) 15 CLR 333.
Railway servants Case (1906) - State railways employees could not be part of an interstate industrial disputeFederated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association (Railway servants Case) 1906 HCA 94 (1906) 4 CLR 488.
Jumbunna Coal Mine NL v Victorian Coal Miners’ Association (1908) - appeal from the Court of Conciliation and ArbitrationJumbunna Coal Mine NL v Victorian Coal Miners’ Association 1908 HCA 95 (1908) 6 CLR 309.
R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP (1909) - prohibition against the Court of Conciliation and ArbitrationR v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP 1909 HCA 20 (1909) 8 CLR 419.
Federated Sawmill Employees Association v James Moore & Sons Pty Ltd (1909) - federal award could not be inconsistent with a State wages board determinationFederated Sawmill Employees Association v James Moore & Sons Pty Ltd 1909 HCA 43 (1909) 8 CLR 465.
Australian Boot Trade Employees' Federation v Whybrow & Co (1910) - Court of Conciliation and Arbitration could not make a common-rule award to prevent industrial disputesAustralian Boot Trade Employees' Federation v Whybrow & Co 1910 HCA 53 (1910) 11 CLR 311.
Federated Engine Drivers' & Firemen's Association of Australasia v Broken Hill Pty Co Ltd (1911) - a union in different industries could not be registeredFederated Engine Drivers' & Firemen's Association of Australasia v Broken Hill Pty Co Ltd 1911 HCA 31 (1911) 12 CLR 398.
R v Barger (1908) - the New Protection policy, in which protection was linked to paying fair & reasonable wages, was invalidR v Barger 1908 HCA 43 (1908) 6 CLR 41.
The results
+ ResultsHandbook of the 44th Parliament (2014) http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22handbook%2Fnewhandbook%2F2014-10-31%2F0049%22 Part 5 - Referendums and Plebiscites - Referendum results Parliamentary Library of Australia . Question NSW Vic Qld SA WA TasStates in favourVoters in favour Result (6) Trade and Commerce 46.93% 49.12% 54.34% 51.32% 52.86% 45.16% 3:3 49.38% Not carried (7) Corporations 46.79% 49.14% 54.31% 51.34% 52.84% 45.08% 3:3 49.33% Not carried(8) Industrial Matters 46.88% 49.02% 54.36% 51.40% 52.71% 45.20% 3:3 49.33% Not carried(9) Trusts 47.12% 49.71% 54.78% 51.67% 53.59% 45.38% 3:3 49.78% Not carried(10) Nationalization of Monopolies 46.85% 49.07% 54.17% 51.26% 53.19% 45.22% 3:3 49.33% Not carried(11) Railway Disputes 46.70% 48.79% 54.19% 51.28% 52.38% 45.01% 3:3 49.13% Not carried
Aftermath
Writs were issued for a further referendum to be held on 11 December 1915 to cover substantially the same questions as were rejected in 1911 and 1913,Amendment of Constitution, Federal referendums, the case for and against http://nla.gov.au/nla.obj-52788225/view?partId=nla.obj-92475589 16 September 1915 Chief Electoral Officer for the Commonwealth however the referendum was cancelled and the writs withdrawn.Cth num_act raa21915511915446 Referendum (Constitution Alteration) (No 2) 1915
See also
Referendums in Australia
Politics of Australia
History of Australia
References
30em
Further reading
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=laca/inquiryinconch.htm Select sources on constitutional change in Australia 1901-1997 http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_representatives_Committees?url=laca/constitutionalchange/part2.pdf Part 2 - History of Australian Referendums 0644484101 Commonwealth of Australia 24 March 1997
Bennett, Scott 2003 http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp0203/03rp11 Research Paper no. 11 2002–03: The Politics of Constitutional Amendment Parliamentary Library of Australia Canberra.
Australian Electoral Commission (2007) Referendum Dates and Results 1906 – Present AEC, Canberra.
1913
Category:1913 referendums
1913
Plebiscite
Category:May 1913 in Australia