The Constitution Alteration (Trade and Commerce) 1912 was a question was put to referendum

Referendum

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 in the Australian referendum, 1913

Australian referendum, 1913

The 1913 Australian Referendum was held on 31 May 1913. It contained six referendum questions.* Trade and Commerce * Corporations * Industrial Matters * Trusts ...

. With this question, the Australian government sought to extend its power over trade and commerce

Trade and Commerce

In Canadian constitutional law, section 91 of the Constitution Act, 1867 provides the federal government with the authority to legislate on matters related to the regulation of Trade and Commerce...

.

Question

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Trade and Commerce) 1912'?

Issues

The 'Yes' Case

• The trade and commerce
  Trade and Commerce
  In Canadian constitutional law, section 91 of the Constitution Act, 1867 provides the federal government with the authority to legislate on matters related to the regulation of Trade and Commerce...
  
   power is the keystone of the powers of the federal parliament
  Parliament of Australia
  The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
  
  . The present limitation to inter-state trade and commerce paralyses the parliament's action in almost every direction.
• The present division of the trade and commerce power between federation and states is artificial, indefinite, illogical and mischievous.
• Trade and commerce are national matters and state laws are not adequate.

The 'No' Case

• If passed, this proposal will vest in the federal government
  Federal government
  The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...
  
   the control of all business within the Commonwealth. This will mean that the centralised government will dominate all trade and commerce, including that which is carried on within state borders.
• The proposal will lead to a great deal of legal uncertainty and will no doubt be challenged in the High Court
  High Court of Australia
  The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
  
  .
• The new power will enable the federal parliament to pass legislation which will profoundly disturb trade and commerce within the states.

Results

This referendum was not carried. It obtained a majority in three states and an
overall minority of 24,196 votes.

Result

State	On rolls	Ballots issued	For		Against		Informal
				%		%
New South Wales	1,036,187	717,855	317,848	%46.93	359,418	%53.07	39,333
Victoria	830,391	626,861	297,290	%49.12	307,975	%50.88	21,268
Queensland	363,082	280,525	146,187	%54.34	122,813	%45.66	11,304
South Australia	244,026	195,463	96,085	%51.32	91,144	%48.68	8,017
Western Australia	179,784	132,149	66,349	%52.86	59,181	%47.14	6,286
Tasmania	106,746	80,398	34,660	%45.16	42,084	%54.84	3,528
Total for Commonwealth	2,760,216	2,033,251	958,419	%49.38	982,615	%50.62	89,736
Obtained majority in three States and an overall minority of 24,196 votes.
Not carried

Discussion

This resolution, like the similar forebarer, did not pass. However, although many at the time felt strongly about the need for the Commonwealth to have limited control over commerce between the states, the High Court eventually gave much of the power to Commonwealth indirectly through later decisions, thus effectively removing the need for the Constitution to be changed anyway.

See also