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1911 Australian referendum (Trade and Commerce)
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October 2025
October 2025
1911 Australian Trade and Commerce referendum 1911 04 26 y Australia 483,356 742,704 20,869 2,341,624 Amendment Failed Do you approve of the proposed law for the alteration of the Constitution entitled —"Constitution Alteration (Legislative Powers) 1910" ?
The Constitution Alteration (Legislative Powers) Bill 1910,https://www.legislation.gov.au/Details/C2004B02131 Constitution Alteration (Legislative Powers) Bill 1910 legislation.gov.au 22 April 2019 was put to voters for approval in a referendum held in the 1911 referendums. The bill sought to alter the Australian Constitution to extend the Commonwealth power in respect of trade and commerce, the control of corporations, labour and employment and combinations and monopolies. All of the proposed changes were contained within the one question.
Question
Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Legislative Powers) 1910'?
Proposed Changes to the Constitution
The proposal was to alter the text of section 51 of the Constitution to read as follows (removed text stricken through; substituted text in bold):19 March 1911 Notification of the receipt of a Writ for a Referendum https://www.legislation.gov.au/file/1911GN17 Commonwealth of Australia Gazette 759–60 www.legislation.gov.au 17
51. The Parliament shall, subject to this Constitution, have Legislative power to make laws for the peace, order, and good government of the Commonwealth with respect to:
(i.) Trade and commerce with other countries, and among the States;
...
(xx.) Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth:
Corporations, including
(a) the creation, dissolution, regulation, and control of corporations;
(b) corporations formed under the law of a State (except any corporation formed solely for religious, charitable, scientific or artistic purposes, and not for the acquisition of gain by the corporation or its members), including their dissolution, regulation, and control; and
(c) foreign corporations, including their regulation and control:
...
(xxxv.) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State:
Labour and employment, including
(a) the wages and conditions of labour and employment in any trade industry or calling; and
(b) the prevention and settlement of industrial disputes, including disputes in relation to employment on or about railways the property of any State':
...
(xl.) Combinations and monopolies in relation to the production, manufacture, or supply of goods or services.
Results
The referendum was not approved by a majority of voters, and a majority of the voters was achieved in only one state, Western Australia.GazetteHandbook
+ ResultHandbook State Electoral roll Ballots issued For Against Informal Vote % Vote % New South Wales
868,194
384,188
135,968
36.11
240,605
63.89
7,396 Victoria
723,377
448,566
170,288
38.64
270,390
61.36
7,554 Queensland
293,003
162,135
69,552
43.75
89,420
56.25
3,002 South Australia
216,027
133,802
50,358
38.07
81,904
61.93
1,374 Western Australia
138,697
61,482
33,043
54.86
27,185
45.14
870 Tasmania
102,326
58,053
24,147
42.11
33,200
57.89
673 Total for Commonwealth
2,341,624
1,248,226
483,356
39.42
742,704
60.58
20,869 Results
Obtained majority in one state and an overall minority of 259,348 votes. Not carried.
Discussion
This was the first of many times that similar questions were asked at a referendum. On every occasion the public decided not to vest power in the Commonwealth over these matters.
1913 referendum on trade and commerce
1919 referendum on trade and commerce, corporations, industrial matters and trusts.
1926 referendum on Industry and Commerce.
See also
Huddart, Parker & Co Pty Ltd v MooreheadHuddart, Parker & Co Ltd v Moorehead HCA 36 1909 (1909) 8 CLR Commonwealth Law Reports 330
Referendums in Australia
Politics of Australia
History of Australia
References
Gazette https://www.legislation.gov.au/file/1911GN49 Result of the Referendum Commonwealth of Australia Gazette www.legislation.gov.au 21 June 1911 49 1579
Handbook Handbook 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
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.
1911 expanded
Category:1911 referendums
Referendum (Trade and Commerce)
1911 (Trade and Commerce)
Category:1911 in Australian law
Category:April 1911 in Australia