Australian referendum, 1913 (Trade and Commerce)

The Constitution Alteration (Trade and Commerce) 1912 was an Australian referendum held in the 1913 referendums which sought to alter the Australian Constitution to extend Commonwealth legislative power in respect to trade and commerce.

Issues

The 'Yes' Case

• The trade and commerce power is the keystone of the powers of the federal parliament. The present limitation to inter-state trade and commerce paralyses the parliament's action in almost every direction.
• The present division of the trade and commerce power between federation and states is artificial, indefinite, illogical and mischievous.
• Trade and commerce are national matters and state laws are not adequate.

The 'No' Case

• If passed, this proposal will vest in the federal government the control of all business within the Commonwealth. This will mean that the centralised government will dominate all trade and commerce, including that which is carried on within state borders.
• The proposal will lead to a great deal of legal uncertainty and will no doubt be challenged in the High Court.
• The new power will enable the federal parliament to pass legislation which will profoundly disturb trade and commerce within the states.

Question

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Trade and Commerce) 1912'?

Results

Discussion

This resolution, like the similar forebarer, did not pass. However, although many at the time felt strongly about the need for the Commonwealth to have limited control over commerce between the states, the High Court eventually gave much of the power to Commonwealth indirectly through later decisions, thus effectively removing the need for the Constitution to be changed anyway.

See also

Elections and referendums in Australia Federal elections 1901 1903 1906 1910 1913 1914 1917 1919 1922 1925 1928 1929 1931 1934 1937 1940 1943 1946 1949 1951 1953 1954 1955 1958 1961 1963 1964 1966 1967 1969 1970 1972 1974 1975 1977 1980 1983 1984 1987 1990 1993 1996 1998 2001 2004 2007 2010 2013 next by-elections Referendums 1906 1910 1911 1913 1916 1917 1919 1926 1928 1937 1944 1946 1948 1951 1967 1973 1974 1977 1984 1988 1999 Elections in: Australian Capital Territory New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia