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'''''Constitution Alteration (Marketing) 1936''''' was an [[Referendums in Australia|Australian referendum]] held in the [[1937 Australian referendum|1937 referendums]] which sought to alter the [[Australian Constitution]] to remove the restraints imposed on [[Australian Parliament|Parliament]] by section 92 of the Constitution.
'''''Constitution Alteration (Marketing) 1936''''' was an [[Referendums in Australia|Australian referendum]] held in the [[1937 Australian referendum|1937 referendums]] which sought to alter the [[Australian Constitution]] to remove the restraints on interstate sales of goods imposed on [[Australian Parliament|Parliament]] by [[Section 92 of the Constitution of Australia|section 92 of the Constitution]].

It was proposed to add a section 92A that excluded "marketing" from the powers of section 92. This was in reaction to the case of James v Commonwealth [1932] AC 578 in which the [[Judicial Committee of the Privy Council|Privy Council]] found that the Commonwealth legislation regulating the sales of dried fruit was invalid.<ref>{{cite journal |last1=Davern Wright |first1=R J |title=THE DRIED FRUITS CASE. JAMES v. THE COMMONWEALTH. |journal=Res Judicatae |date=1938 |volume=42 |pages=173-176 |url=http://classic.austlii.edu.au/au/journals/ResJud/1938/42.pdf}}</ref>


==Question==
==Question==

Revision as of 07:34, 5 February 2021

Constitution Alteration (Marketing) 1936 was an Australian referendum held in the 1937 referendums which sought to alter the Australian Constitution to remove the restraints on interstate sales of goods imposed on Parliament by section 92 of the Constitution.

It was proposed to add a section 92A that excluded "marketing" from the powers of section 92. This was in reaction to the case of James v Commonwealth [1932] AC 578 in which the Privy Council found that the Commonwealth legislation regulating the sales of dried fruit was invalid.[1]

Question

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Marketing) 1936'?

Results

Result [2]
State On

rolls

Ballots issued For Against Invalid Result
% %
New South Wales 1,550,947 1,461,860 456,802 33.76 896,457 66.24 108,601 No
Victoria 1,128,492 1,074,278 468,337 46.58 537,021 53.42 68,920 No
Queensland 562,240 519,933 187,685 38.78 296,302 61.22 35,946 No
South Australia 358,069 341,444 65,364 20.83 248,502 79.17 27,578 No
Western Australia 247,536 221,832 57,023 27.77 148,308 72.23 16,501 No
Tasmania 133,444 125,016 24,597 21.88 87,798 78.12 12,621 No
Total for Commonwealth 3,980,728 3,744,363 1,259,808 36.26 2,214,388 63.74 270,167 No
Obtained majority in no State and an overall minority of 954,580 votes.
Not carried

Discussion

This was one of the few instances where a referendum failed to achieve a majority in any state.

See also

References

  1. ^ Davern Wright, R J (1938). "THE DRIED FRUITS CASE. JAMES v. THE COMMONWEALTH" (PDF). Res Judicatae. 42: 173–176.
  2. ^ Handbook of the 44th Parliament "Part 5 - Referendums and Plebiscites - Referendum results". Parliamentary Library of Australia. Archived from the original on 29 September 2017..

Further reading