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Referendums in New South Wales

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There have been 18 referendums in New South Wales, 8 of which concerned proposals to amend the New South Wales Constitution, half of which concerned the Legislative Council. While the Constitution of Australia was adopted after the 1898 and 1899 referendums in all of the proposed states, the Constitution of New South Wales, promulgated in 1902, was an Act of the Parliament of New South Wales which could be amended by Parliament. Since 1927 the Constitution has included provisions that can only be amended following approval in a referendum.[1] 8 of the referendums, including 5 on the sale of alcohol, did not involve any proposed amendment to the Constitution.[2] While these have traditionally been called referendums, they could also be described as plebiscites.[3]

Local Government Areas (also known as Councils or LGAs) can also propose Constitutional amendments such as when the Council wants to make changes to the method by which the Mayor is elected to office by direct election or indirect election by the Councillors. Councils may also conduct polls which are optional to vote in and may be limited to certain voters on a proposal to gain community opinion on building infrastructure or other matters, the result of these polls (like a plebiscite) is non-binding on the Council.[4]

Alteration of the Constitution

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This section is an excerpt from Constitution Act 1902 § By parliament.[edit]

The Constitution Act 1902 as made in 1902 was an Act of the New South Wales Parliament. In contrast to the Constitution of Australia it was not approved by a referendum and did not contain any provision requiring a referendum to alter it. In 1929 the parliament passed an amendment to the Constitution Act which inserted section 7A, requiring a referendum before the Legislative Council could be abolished.[5] In 1930 Labor MLCs put forward two bills, one to repeal section 7A, the other to abolish the Council. Believing that a referendum was necessary before the bills could become law, the Legislative Council permitted the bills to pass without a division on 10 December. The validity of section 7A and the inability to repeal the section without a referendum were upheld by the Supreme Court on 23 December 1930,[6] a majority of the High Court on 16 March 1931,[7] and the Judicial Committee of the Privy Council on 31 May 1932.[8]

As of December 2024, the Constitution Act 1902 has been amended through Parliament by the following Acts:[9]

Act Ref
Parliamentary Elections Act 1906 [10]
Parliamentary Representatives Allowance Act 1912 [11]
Parliamentary Representatives Allowance Act 1912 [12]
Parliamentary Electorates and Elections Act 1912 [13]
Parliamentary Representatives Allowance and Ministers' Salaries (Amendment) Act 1920 [14]
Parliamentary Allowances and Salaries Act 1922 [15]
Parliamentary Allowances and Salaries Act 1925 [16]
Constitution (Amendment) Act 1925[a] [17]
Audit (Amendment) Act 1929 [18]
Constitution (Legislative Council) Amendment Act 1929 [19]
Parliamentary Allowances and Salaries Act 1930 [20]
Parliamentary Allowances and Salaries Act 1932 [21]
Constitution Amendment (Legislative Council) Act, 1932[b] [22]
Demise of the Crown (Amendment) Act 1936 [23]
Parliamentary Allowances and Salaries Act 1938 [24]
Parliamentary Allowances and Salaries Act 1947 [25]
Constitution Amendment (Legislative Council Members Allowances) Act 1948 [26]
Parliamentary Allowances and Salaries Act 1951 [27]
Parliamentary Allowances and Salaries Act 1956 [28]
Parliamentary Allowances and Salaries Act 1959 [29]
Constitution (Amendment) Act 1962 [30]
Parliamentary Allowances and Salaries (Amendment) Act 1963 [31]
Decimal Currency Act 1965 [32]
Parliamentary Allowances and Salaries (Amendment) Act 1966 [33]
Constitution (Amendment) Act 1968 [34]
Parliamentary Allowances and Salaries (Amendment) Act 1971 [35]
Reprints Act 1972 [36]
Parliamentary Allowances and Salaries (Amendment) Act 1974 [37]
Parliamentary Allowances and Salaries (Amendment) Act 1975 [38]
Parliamentary Remuneration Tribunal Act 1975 [39]
Constitution and Other Acts (Amendment) Act 1975 [40]
Constitution (Ministers of the Crown) Amendment Act 1976 [41]
Constitution (Amendment) Act 1978 [42]
Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978 [43]
Constitution (Amendment) Act 1979 [44]
Constitution (Public Service) Amendment Act 1979 [45]
Constitution (Amendment) Act 1980 [46]
Constitution (Legislative Assembly) Amendment Act 1981[c] [47]
Constitution (Disclosures by Members) Amendment Act 1981[c] [48]
Constitution (Consolidated Fund) Amendment Act 1982 [49]
Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 [50]
Constitution (Enrolment of Acts) Amendment Act 1984 [51]
Statute Law (Miscellaneous Amendments) Act 1984 [52]
Statute Law (Miscellaneous Provisions) Act 1986 [53]
Constitution (Amendment) Act 1986 [54]
Constitution (Local Government) Amendment Act 1986 [55]
Statute Law (Miscellaneous Provisions) Act (No 1) 1987 [56]
Constitution (Amendment) Act 1987 [57]
Constitution (Parliamentary Secretaries) Amendment Act 1988 [58]
Constitution (Governor's Salary) Amendment Act 1988 [59]
Constitution (Legislative Assembly) Amendment Act 1990 [60]
Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990 [61]
Statute Law (Miscellaneous Provisions) Act 1991 [62]
Constitution (Legislative Council) Amendment Act 1991 [63]
Constitution (Legislative Council) Further Amendment Act 1991 [64]
Constitution (Amendment) Act 1992 [65]
Constitution (Fixed Term Parliaments) Amendment Act 1993[d] [66]
Constitution (Entrenchment) Amendment Act 1992[d] [67]
Public Sector Management Amendment Act 1995 [68]
Industrial Relations Act 1996 [69]
Constitution and Parliamentary Electorates and Elections Amendment Act 1997 [70]
Statute Law (Miscellaneous Provisions) Act 1999 [71]
Crimes Legislation Amendment (Sentencing) Act 1999 [72]
Constitution Amendment Act 2000 [73]
Constitution Amendment (Governor's Salary) Act 2003 [74]
Courts Legislation Amendment Act 2005 [75]
Constitution Amendment (Pledge of Loyalty) Act 2006 [76]
Constitution Amendment (Governor) Act 2006 [77]
Statute Law (Miscellaneous Provisions) Act 2007 [78]
Constitution Amendment (Speaker) Act 2007 [79]
Miscellaneous Acts (Local Court) Amendment Act 2007 [80]
Statute Law (Miscellaneous Provisions) Act (No 2) 2008 [81]
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 [82]
Parliamentary Remuneration Amendment (Salary Packaging) Act 2009 [83]
Constitution Amendment (Lieutenant-Governor) Act 2009 [84]
Constitution Amendment (Recognition of Aboriginal People) Act 2010 [85]
Constitution Amendment (Prorogation of Parliament) Act 2011 [86]
Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012 [87]
Government Sector Employment Act 2013 [88]
Statute Law (Miscellaneous Provisions) Act 2014 [89]
Constitution Amendment (Parliamentary Presiding Officers) Act 2014 [90]
Government Sector Employment Legislation Amendment Act 2016 [91]
Crown Land Legislation Amendment Act 2017 [92]
Electoral Act 2017 [93]
COVID-19 Legislation Amendment (Emergency Measures) Act 2020 [94]
COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021 [95]
COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 [96]
Constitution Amendment (Virtual Attendance) Act 2022 [97]
Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022 [98]
Integrity Legislation Amendment Act 2022 [99]
Constitution Amendment (Sydney Water and Hunter Water) Act 2023 [100]
Constitution Amendment (Executive Council) Act 2024 [101]
Government Sector Employment and Other Legislation Amendment Act 2024 [102]

List of referendums

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Results of referendums [2]
Year # Name Option Amend
Constitution 		Yes % [e]   No %[f] Ref
1898 Federation of Australia [g] 51.95 48.53 [103]
1899 Federation of Australia 56.49 43.51 [103]
1903 1 Number of Members of the Legislative Assembly Reduce to 90 Red XN 72.95 17.05 [104][105]
1916 2 Licensed premises closing hour 6 pm Red XN 62.18 37.82 [106]
1928 3 Prohibition with compensation Red XN 28.74 71.26 [107]
1933 4 Reform the Legislative Council Green tickY 51.47 48.53 [108]
1947 5 Licensed premises and clubs closing hour 6 pm Red XN 62.46 37.54 [109][110]
1954 6 Licensed premises and clubs closing hour 10 pm Red XN 50.27 49.73 [111][112]
1961 7 Abolish the Legislative Council Green tickY 42.42 57.58 [113]
1967 8 New England new state [h] Red XN 45.82 54.18 [114]
1969 9 Sunday trading for hotels Red XN 42.03 57.97 [115]
1976 10 Daylight saving Red XN 68.41 32.59 [116]
1978 11 Election of Legislative Council Green tickY 84.81 15.19 [117]
1981 12 4 year terms Green tickY 69.04 30.96 [118]
13 Disclosure of pecuniary interests Green tickY 86.01 13.99 [118]
1991 14 Reduce size of Legislative Council Green tickY 57.73 42.27 [119]
1995 15 Fixed terms of parliament Green tickY 75.48 24.52 [120]
16 Judicial independence Green tickY 65.90 34.10 [120]

See also

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Notes

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  1. ^ Took effect in 1926
  2. ^ Act received Royal Assent in 1933.
  3. ^ a b Act received Royal Assent in 1982 following referendum.
  4. ^ a b Act received Royal Assent in 1995 following referendum.
  5. ^ Where there are options, this is the percentage for the option with the highest number of votes.
  6. ^ Where there are options, this is the percentage for all other options.
  7. ^ The enabling legislation in New South Wales required a minimum of 80,000 votes in support, however there were only 71,595 support votes.[103]
  8. ^ the referendum was limited to electors in the proposed new state.

References

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  1. ^ "The Constitution of New South Wales". parliament.nsw.gov.au. Archived from the original on 15 September 2024. Retrieved 15 January 2019. Most of it can be changed by an ordinary amendment Act in Parliament, although some sections, including those relating to major changes to the Legislative Council, can only be amended through a referendum of NSW voters.
  2. ^ a b "Referendums in New South Wales". parliament.nsw.gov.au. Results of referendums in New South Wales. Archived from the original on 15 September 2024. Retrieved 11 October 2021.
  3. ^ Green, Antony (12 August 2015). "Plebiscite or Referendum – What's the Difference". ABC News. Archived from the original on 15 September 2024. Retrieved 27 August 2015. Confusingly, all states hold votes that they call referendums but by the national definition are actually plebiscites.
  4. ^ "Referendums and polls". NSW Electoral Commission. Archived from the original on 15 September 2024. Retrieved 15 September 2024.
  5. ^ Constitution (Legislative Council) Amendment Act, 1929 (NSW)
  6. ^ Trethowan v Peden [1930] NSWStRp 90, (1930) 31 SR (NSW) 183 (23 December 1930), Supreme Court (Full Court).
  7. ^ Attorney-General (New South Wales) v Trethowan [1931] HCA 3, (1931) 44 CLR 394, High Court.
  8. ^ Attorney-General (New South Wales) v Trethowan [1932] UKPC 1, [1932] AC 526; [1932] UKPCHCA 1, (1932) 47 CLR 97, Privy Council (on appeal from Australia)
  9. ^ CONSTITUTION ACT 1902 - As at 1 July 2024 - Act 32 of 1902 - NOTES (NSW)
  10. ^ Parliamentary Elections Act, 1906 (NSW)
  11. ^ Ministers' Salaries Act, 1907 (NSW)
  12. ^ Parliamentary Representatives Allowance Act, 1912 (NSW)
  13. ^ Parliamentary Electorates and Elections Act 1912 (NSW)
  14. ^ Parliamentary Representatives Allowance and Ministers' Salaries (Amendment) Act, 1920 (NSW)
  15. ^ Parliamentary Allowances and Salaries Act, 1922 (NSW)
  16. ^ Parliamentary Allowances and Salaries Act, 1925 (NSW)
  17. ^ Constitution (Amendment) Act, 1925 (NSW)
  18. ^ Audit (Amendment) Act, 1929 (NSW)
  19. ^ Constitution (Legislative Council) Amendment Act, 1929 (NSW)
  20. ^ Parliamentary Allowances and Salaries Act, 1930 (NSW)
  21. ^ Parliamentary Allowances and Salaries Act, 1932 (NSW)
  22. ^ Constitution Amendment (Legislative Council) Act, 1932 (NSW)
  23. ^ Demise of the Crown (Amendment) Act, 1936 (NSW)
  24. ^ Parliamentary Allowances and Salaries Act, 1938 (NSW)
  25. ^ Parliamentary Allowances and Salaries Act, 1947 (NSW)
  26. ^ Constitution Amendment (Legislative Council Members Allowances) Act, 1948 (NSW)
  27. ^ Parliamentary Allowances and Salaries Act, 1951 (NSW)
  28. ^ Parliamentary Allowances and Salaries Act, 1956 (NSW)
  29. ^ Parliamentary Allowances and Salaries Act, 1959 (NSW)
  30. ^ Constitution (Amendment) Act, 1962 (NSW)
  31. ^ Parliamentary Allowances and Salaries (Amendment) Act, 1963 (NSW)
  32. ^ Decimal Currency Act, 1965 (NSW)
  33. ^ Parliamentary Allowances and Salaries (Amendment) Act, 1966 (NSW)
  34. ^ Constitution (Amendment) Act, 1968 (NSW)
  35. ^ Parliamentary Allowances and Salaries (Amendment) Act, 1971 (NSW)
  36. ^ Reprints Act, 1972 (NSW)
  37. ^ Parliamentary Allowances and Salaries (Amendment) Act, 1974 (NSW)
  38. ^ Parliamentary Allowances and Salaries (Amendment) Act, 1975 (NSW)
  39. ^ Parliamentary Remuneration Tribunal Act, 1975 (NSW)
  40. ^ Constitution and Other Acts (Amendment) Act, 1975 (NSW)
  41. ^ Constitution (Ministers of the Crown) Amendment Act, 1976 (NSW)
  42. ^ Constitution (Amendment) Act, 1978 (NSW)
  43. ^ Constitution and Parliamentary Electorates and Elections (Amendment) Act, 1978 (NSW)
  44. ^ Constitution (Amendment) Act, 1979 (NSW)
  45. ^ Constitution (Public Service) Amendment Act, 1979 (NSW)
  46. ^ Constitution (Amendment) Act, 1980 (NSW)
  47. ^ Constitution (Legislative Assembly) Amendment Act, 1981 (NSW)
  48. ^ Constitution (Disclosures by Members) Amendment Act, 1981 (NSW)
  49. ^ Constitution (Consolidated Fund) Amendment Act, 1982 (NSW)
  50. ^ Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act, 1983 (NSW)
  51. ^ Constitution (Enrolment of Acts) Amendment Act, 1984 (NSW)
  52. ^ Statute Law (Miscellaneous Amendments) Act, 1984 (NSW)
  53. ^ Statute Law (Miscellaneous Provisions) Act 1986 (NSW)
  54. ^ Constitution (Amendment) Act 1986 (NSW)
  55. ^ Constitution (Local Government) Amendment Act 1986 (NSW)
  56. ^ Statute Law (Miscellaneous Provisions) Act (No 1) 1987 (NSW)
  57. ^ Constitution (Amendment) Act 1987 (NSW)
  58. ^ Constitution (Parliamentary Secretaries) Amendment Act 1988 (NSW)
  59. ^ Constitution (Governor's Salary) Amendment Act 1988 (NSW)
  60. ^ Constitution (Legislative Assembly) Amendment Act 1990 (NSW)
  61. ^ Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990 (NSW)
  62. ^ Statute Law (Miscellaneous Provisions) Act 1991 (NSW)
  63. ^ Constitution (Legislative Council) Amendment Act 1991 (NSW)
  64. ^ Constitution (Legislative Council) Further Amendment Act 1991 (NSW)
  65. ^ Constitution (Amendment) Act 1992 (NSW)
  66. ^ Constitution (Fixed Term Parliaments) Amendment Act 1993 (NSW)
  67. ^ Constitution (Entrenchment) Amendment Act 1992 (NSW)
  68. ^ Public Sector Management Amendment Act 1995 (NSW)
  69. ^ Industrial Relations Act 1996 (NSW)
  70. ^ Constitution and Parliamentary Electorates and Elections Amendment Act 1997 (NSW)
  71. ^ Statute Law (Miscellaneous Provisions) Act 1999 (NSW)
  72. ^ Crimes Legislation Amendment (Sentencing) Act 1999 (NSW)
  73. ^ Constitution Amendment Act 2000 (NSW)
  74. ^ Constitution Amendment (Governor's Salary) Act 2003 (NSW)
  75. ^ Courts Legislation Amendment Act 2005 (NSW)
  76. ^ Constitution Amendment (Pledge of Loyalty) Act 2006 (NSW)
  77. ^ Constitution Amendment (Governor) Act 2006 (NSW)
  78. ^ Statute Law (Miscellaneous Provisions) Act 2007 (NSW)
  79. ^ Constitution Amendment (Speaker) Act 2007 (NSW)
  80. ^ Miscellaneous Acts (Local Court) Amendment Act 2007 (NSW)
  81. ^
  82. ^ Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 (NSW)
  83. ^ Parliamentary Remuneration Amendment (Salary Packaging) Act 2009 (NSW)
  84. ^ Constitution Amendment (Lieutenant-Governor) Act 2009 (NSW)
  85. ^ Constitution Amendment (Recognition of Aboriginal People) Act 2010 (NSW)
  86. ^ Constitution Amendment (Prorogation of Parliament) Act 2011 (NSW)
  87. ^ Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012 (NSW)
  88. ^ Government Sector Employment Act 2013 (NSW)
  89. ^
  90. ^ Constitution Amendment (Parliamentary Presiding Officers) Act 2014 (NSW)
  91. ^ Government Sector Employment Legislation Amendment Act 2016 (NSW)
  92. ^ Crown Land Legislation Amendment Act 2017 (NSW)
  93. ^ Electoral Act 2017 (NSW)
  94. ^ COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW)
  95. ^ COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021 (NSW)
  96. ^ COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 (NSW)
  97. ^ Constitution Amendment (Virtual Attendance) Act 2022 (NSW)
  98. ^ Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022 (NSW)
  99. ^ Integrity Legislation Amendment Act 2022 (NSW)
  100. ^ Constitution Amendment (Sydney Water and Hunter Water) Act 2023 (NSW)
  101. ^ Constitution Amendment (Executive Council) Act 2024 (NSW)
  102. ^ Government Sector Employment and Other Legislation Amendment Act 2024 (NSW)
  103. ^ a b c "Federation Fact Sheet 1 – The Referendums 1898–1900". Australian Electoral Commission. Retrieved 25 October 2021.
  104. ^ "Result of the referendum (25)". Government Gazette of the State of New South Wales. 12 January 1904. p. 341. Retrieved 7 December 2019 – via Trove.
  105. ^ "Referendum 16 December 1903". NSW Electoral Commission. Archived from the original on 18 February 2011.
  106. ^ "Referendum 10 June 1916". NSW Electoral Commission. Archived from the original on 18 February 2011.
  107. ^ "Referendum 1 September 1928". NSW Electoral Commission. Archived from the original on 18 February 2011.
  108. ^ "Referendum 13 May 1933". NSW Electoral Commission. Archived from the original on 18 February 2011.
  109. ^ "Liquor (Amendment) Act, 1946 (39)". Government Gazette of the State of New South Wales. 21 March 1947. p. 650. Retrieved 25 October 2021 – via Trove.
  110. ^ "Referendum 15 February 1947". NSW Electoral Commission. Archived from the original on 18 February 2011.
  111. ^ "Liquor (Amendment) Act, 1954". Government Gazette of the State of New South Wales. No. 201. 10 December 1954. p. 3763. Retrieved 25 October 2021 – via Trove.
  112. ^ "Referendum 13 November 1954". NSW Electoral Commission. Archived from the original on 18 February 2011.
  113. ^ "Referendum 29 April 1961". NSW Electoral Commission. Archived from the original on 18 February 2011.
  114. ^ "Referendum 29 April 1967". NSW Electoral Commission. Archived from the original on 18 February 2011.
  115. ^ "Referendum 29 November 1969". NSW Electoral Commission. Archived from the original on 18 February 2011.
  116. ^ "Daylight Saving (Referendum) Act 1975 (72)". Government Gazette of the State of New South Wales. 28 May 1976. p. 2263. Retrieved 28 October 2021 – via Trove.
  117. ^ "Referendum 17 June 1978". NSW Electoral Commission. Archived from the original on 18 February 2011.
  118. ^ a b "Referendum 19 September 1981". NSW Electoral Commission. Archived from the original on 18 February 2011.
  119. ^ "Referendum 25 May 1991". NSW Electoral Commission. Archived from the original on 18 February 2011.
  120. ^ a b "Referendum 25 March 1995". NSW Electoral Commission. Archived from the original on 18 February 2011.
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