1. What does the term ‘division of law- making power’ actually mean?? 2

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  • What does the term division of law- making power actually mean?? 2
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  • 1910 States Debts Enhanced the capacity of the Commonwealth to manage the debts of the states BY Enabled the Commonwealth to take over state debts that were in existence at the time of Federation 5/6 states 55% of national vote Constitution Alteration (States Debt) Act 1909 (Cwlth) 1946 Social Security Established the rights of the Commonwealth to grant social security payments across a variety of areas. Prior to the referendum reference was only made in the constitution regarding invalid and old age pensions Enabled payments such as; maternity, widows pensions, unemployment, student benefits etc. 3
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  • In the 1850s Victoria, NSW, Tasmania and South Australia gave voting rights to all British subjects over 21. This included Indigenous Australians. In 1895 S.A gave Women the right to vote and sit in Parliament. This included Indigenous Women Queensland and WA barred voting by Indigenous Australians. (Each state had its own laws regarding Aboriginal people and there were inconsistencies between those laws.) Prior to the referendum Section 51 (xxvi) of the Constitution outlined that the Australian Parliament could make laws for anyone except Aborigines. On 2 March 1967 Prime Minister Harold Holt introduced legislation for a referendum, which was held on 27 May 1967. Significant reasons were put forward for the yes vote: To allow Aborigines to share the same status as non-indigenous Australians To heal some of the wounds of discrimination that had been felt since the nineteenth century To give the Commonwealth the legal right under s. 51 of the Constitution to create special laws for the benefit of Aboriginal people To allow the Commonwealth to take control of law-making in this area and ensure uniformity throughout Australia for Aboriginal people. 4
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  • RESULTS IMPACT OF THE REFERENDUM Do you approve the proposed law for the alteration of the Constitution entitled An Act to alter the Constitution so as to omit certain words relating to the people of the Aboriginal race in any state so that Aboriginals are to be counted in reckoning the population? National 90.77% All states Yes (Lowest 80.95 WA) Where the states could once make law for indigenous people that reflected their own local concerns, the 1967 referendum made this impossible Section 109 of the Constitution has ensured that any state law that is inconsistent with the Commonwealth's approach to indigenous affairs would become invalid. 5
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  • Read case study on Page 67 Answer questions 1- 5 on page 68 6