Australian referendum, 1951
Encyclopedia
The 1951 Australian Referendum was held on 22 September 1951 and sought approval for the federal government to ban the Communist Party of Australia
. It was not carried.
government passed a law banning the Communist Party of Australia
. The party challenged the law in the High Court
, which ruled that it was constitutionally invalid
. Following this defeat, the government sponsored this referendum in an attempt to overcome this constitutional obstacle. The referendum question was opposed, not surprisingly, by the Communist Party. It was also opposed by the Australian Labor Party
and even the Young Liberals
, on the grounds that it would restrict freedoms of speech and association.
The Constitution Alteration (Powers to deal with Communists and Communism) 1951 sought to increase the power of the parliament to make laws with respect to communists and communism
where this was necessary for the security of the Commonwealth.
* Armed forces totals are also included in their respective states.
Communist Party of Australia
The Communist Party of Australia was founded in 1920 and dissolved in 1991; it was succeeded by the Socialist Party of Australia, which then renamed itself, becoming the current Communist Party of Australia. The CPA achieved its greatest political strength in the 1940s and faced an attempted...
. It was not carried.
Background
In 1951 the MenziesRobert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
government passed a law banning the Communist Party of Australia
Communist Party of Australia
The Communist Party of Australia was founded in 1920 and dissolved in 1991; it was succeeded by the Socialist Party of Australia, which then renamed itself, becoming the current Communist Party of Australia. The CPA achieved its greatest political strength in the 1940s and faced an attempted...
. The party challenged the law 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...
, which ruled that it was constitutionally invalid
Australian Communist Party v Commonwealth
Australian Communist Party v The Commonwealth 83 CLR 1, also known as the Communist Party Case, was a legal case in the High Court of Australia described as "undoubtedly one of the High Court's most important decisions."- Background :...
. Following this defeat, the government sponsored this referendum in an attempt to overcome this constitutional obstacle. The referendum question was opposed, not surprisingly, by the Communist Party. It was also opposed by the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
and even the Young Liberals
Young Liberals (Australia)
The Young Liberal Movement is the youth division of the Liberal Party of Australia, and membership is open to those between 16 and 30 years of age. Members of Young Liberals have full party-membership, and have the choice of which part they join...
, on the grounds that it would restrict freedoms of speech and association.
Proposed amendment
The referendum contained one question:- Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Powers to deal with Communists and Communism) 1951'?
The Constitution Alteration (Powers to deal with Communists and Communism) 1951 sought to increase the power of the parliament to make laws with respect to communists and communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
where this was necessary for the security of the Commonwealth.
Results
Source: Australian Parliament| State | On rolls |
Ballots issued | For | Against | Invalid | ||
|---|---|---|---|---|---|---|---|
| % | % | ||||||
| New South Wales | 1,944,219 | 1,861,147 | 865,838 | 47.17% | 969,868 | 52.83% | 25,441 |
| Victoria | 1,393,556 | 1,326,024 | 636,819 | 48.71% | 670,513 | 51.29% | 18,692 |
| Queensland | 709,328 | 675,916 | 373,156 | 55.76% | 296,019 | 44.24% | 6,741 |
| South Australia | 442,983 | 427,253 | 198,971 | 47.29% | 221,763 | 52.71% | 6,519 |
| Western Australia | 319,383 | 305,653 | 164,989 | 55.09% | 134,497 | 44.91% | 6,167 |
| Tasmania | 164,868 | 158,596 | 78,154 | 50.26% | 77,349 | 49.74% | 3,093 |
| Armed Forces* | 9,472 | 6,478 | 2,917 | 82 | |||
| Total for Commonwealth | 4,974,337 | 4,754,589 | 2,317,927 | 49.44% | 2,370,009 | 50.56% | 66,653 |
| Obtained majority in three States and an overall minority of 52 082 votes. Not carried | |||||||