The Constitution Alteration (Organised Marketing of Primary Products) Bill 1946, (Cth). was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth explicit power to make laws for the organised marketing of primary products and to exempt it from the freedom of interstate trade requirement of section 92 of the constitution. It was put to voters for approval in a referendum held on 28 September 1946.

Question Do you approve of the proposed law for the alteration of the Constitution entitled "Constitution Alteration (Organised Marketing of Primary Products) 1946"?

Proposed Changes to the Constitution

The proposal was to insert into section 51 the following: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: ... (i.A.) Organized marketing of primary products; ... (2.) The power of the Parliament to make laws under paragraph (i.A.) of the last preceding sub-section may be exercised notwithstanding anything contained in section ninety-two of this Constitution.

Results

+ Result State Electoral roll Ballots issued For Against Informal Vote % Vote % New South Wales 1,858,749 1,757,150 855,233 794,852 48.17 107,065 Victoria 1,345,537 1,261,374 624,343 567,860 47.63 69,171 Queensland 660,316 612,170 251,672 43.74 323,678 36,820 South Australia 420,361 399,301 183,674 48.74 193,201 22,426 Western Australia 300,337 279,066 145,781 113,562 43.79 19,723 Tasmania 154,553 144,880 55,561 42.55 75,018 14,301 Armed forces  37,021 19,924 53.81 15,997 43.21 986 Total for Commonwealth 4,739,853 4,453,941 2,116,264 2,068,171 49.43 269,506 Results Obtained majority in three states and an overall majority of 48,093 votes. Not carried

Discussion This was the third occasion in which the commonwealth sought power to enact legislative schemes for the marketing of agricultural produce, having been unsuccessful in 1937 and 1944.

For a referendum to approve an amendment of the constitution, it must ordinarily achieve a double majority: approved by a majority of states (i.e., four of the six states) as well as a majority of those voting nationwide. Mode of altering the Constitution. This was the second of five referendums () to achieve an overall majority, but fail the requirement of a majority of states.Handbook of the 44th Parliament (2014)

See also 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.