A referendum proposal was voted on by the electors of Australia. Fifty-six per cent of all voters in Australia voted in favour of the proposal and the majority of voters in all states, except Victoria, Tasmania and New South Wales, voted in favour of the proposal. Was the referendum passed? Justify your answer.

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A referendum proposal was voted on by the electors of Australia - VCE - SSCE Legal Studies - Question 3 - 2016 - Paper 1

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A referendum proposal was voted on by the electors of Australia. Fifty-six per cent of all voters in Australia voted in favour of the proposal and the majority of vo... show full transcript

Worked Solution & Example Answer:A referendum proposal was voted on by the electors of Australia - VCE - SSCE Legal Studies - Question 3 - 2016 - Paper 1

Step 1

Was the referendum passed?

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Answer

No, the referendum was not passed. According to the Constitution, a referendum must achieve the double majority provision.

Step 2

Justify your answer.

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Answer

The double majority provision requires that a majority of voters in Australia (which was achieved with 56%) and a majority of voters in a majority of states (which was not achieved) must agree to the proposal. In this case, the majority of voters in only three states—Queensland, South Australia, and Western Australia—voted in favour of the proposal. Since the majority of voters did not approve the referendum in a majority of states (six states total), the referendum failed.

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