Senate debates

Wednesday, 22 March 2023

Bills

Referendum (Machinery Provisions) Amendment Bill 2022; In Committee

6:13 pm

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

Over the years, the need has become more urgent. Policymakers, political parties, lobbyists and the media have become increasingly distanced from the Australian people they are supposed to serve. As a result, legislation and political commentary increasingly do not reflect the wishes and aspirations of the Australian electorate, and the people themselves are feeling increasingly powerless and disenfranchised. Our amendment seeks to reverse this trend and, for the first time, allow the agenda to be set by the Australian people, instead of out-of-touch politicians, lobbyists and the media.

I'm talking about citizens initiated referenda. There is ample precedent for this overseas. New Zealand and Switzerland have citizens initiated referenda, and direct democracy is practised to varying degrees in Europe and a number of the United States. One Nation's amendment will add a new schedule to the act after section 145:

This Schedule enables Australian citizens to initiate legislation that provides for the holding of a referendum to alter the Constitution

Part 2 sets out the process that must be followed, and the requirements that must be met …

These are exacting processes and requirements, as should be the case for an initiative to change the founding document of the Commonwealth. Firstly:

… a person who is an elector may apply to the Electoral Commission to register a proposal for a referendum—

The commissioner must examine it—

and decide whether it relates to a proposal for a referendum to amend the Constitution—

If it does, the commissioner must register the proposal and the applicant must, within six months, lodge a document with the commissioner containing the signatures of two per cent of the total of all electors. Once this requirement has been met, the commissioner must undertake random sampling to verify that at least 50 per cent of the signatures were obtained validly. Once this verification is achieved, 'the minister must cause a proposed law to alter the Constitution, in accordance with the proposal, to be introduced into the parliament'.

The amendment continues:

Part 3 sets out rules that apply to the holding of a citizen initiated referendum. Once a proposed law to alter the Constitution in accordance with the proposal has been passed, by an absolute majority of one House, or both Houses, of the Parliament, in accordance with section 128 of the Constitution, the Governor-General may issue a writ for the citizen initiated referendum to be held—

on the date of the next federal election—

Part 4 deals with delegation of the Electoral Commissioner's functions and powers.

This is not a simple process, and this is intentional. Democracy is not an easy exercise and was never meant to be. By its nature, democracy is hard and difficult. Winston Churchill perhaps described it best when he said that democracy was the world's worst form of government except for all others that have been tried.

Anything worth doing is worth doing well, and democracy has proven its worth time and time again. This is an important truth which the Albanese government seems to have forgotten with its disturbing habit of rushing through extremely poor legislation with the absolute minimum possible scrutiny. One Nation calls on the Albanese Labor government, the opposition and the crossbench to recommit to the fundamental principles of Australian democracy and stop this 'my way or the highway' cowboy approach to lawmaking. There is no better way to signal this commitment to the principles of democracy than by supporting One Nation's amendment and allowing Australian citizens to initiate a referendum.

Minister, there was a discussion about the yes and no vote at the next referendum. Will you be supporting the no vote with the—allowing them to put out literature on the same basis that you are going to put out for the yes vote?

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