The Constitution Alteration (Corporations) Bill 1912, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to corporations that was put to voters for approval in a referendum held in 1913.
Question Do you approve of the proposed law for the alteration of the Constitution entitled "Constitution Alteration (Corporations) 1912"?
Proposed Changes to the Constituation The proposal was to alter the text of section 51 of the Constitution to read as follows:. (removed text stricken through; substituted text in bold) 51. The Parliament shall, subject to this Constitution, have Legislative power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xx.) Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth: Corporations, including (a) the creation, dissolution, regulation, and control of corporations; (b) corporations formed under the law of a State, including their dissolution, regulation, and control; but not including municipal or governmental corporations, or any corporation formed solely for religious, charitable, scientific, or artistic purposes, and not for the acquisition of gain by the, corporation or its members; and (c) foreign corporations, including their regulation and control:
Results
+ Result State Electoral roll Ballots issued For Against Informal Vote % Vote % New South Wales 1,036,187 717,855 317,668 46.79 361,255
37,676 Victoria 830,391 626,861 298,479 49.14 308,915
19,139 Queensland 363,082 280,525 146,936
123,632 45.69 9,736 South Australia 244,026 195,463 96,309
91,273 48.66 7,664 Western Australia 179,784 132,149 66,595
59,445 47.16 5,776 Tasmania 106,746 80,398 34,724 45.08 42,304
3,244 Total for Commonwealth 2,760,216 2,033,251 960,711 49.33 986,824
83,235 Results Obtained majority in three states and an overall minority of 26,113 votes. Not carried
Discussion The 1911 referendum asked a single question that dealt with trade and commerce, corporations and industrial matters. This resolution separated each of those matters into a different question. Like its forebear, none of these resolutions were carried. On each of the many occasions a similar question was asked at a referendum the public decided not to vest power in the Commonwealth over these matters.
1911 referendum on trade and commerce
See also Huddart, Parker & Co Pty Ltd v Moorehead Politics of Australia History of Australia
References
Further reading Standing Committee on Legislative and Constitutional Affairs (1997) Constitutional Change: Select sources on Constitutional change in Australia 1901–1997 . Australian Government Printing Service, Canberra. Bennett, Scott (2003). Research Paper no. 11 2002–03: The Politics of Constitutional Amendment Australian Department of the Parliamentary Library, Canberra. Australian Electoral Commission (2007) Referendum Dates and Results 1906 – Present AEC, Canberra.