Preliminary draft 18 October 1998
An Act to establish a representative legislature for the Commonwealth of
Australia.
WHEREAS the Commonwealth of Australia currently has no representative
legislature:
We, the people of Australia directly enact by our own authority as
follows:-
1. This Act shall be known as the "Democracy Act".
2. This Act may be assented to by any person ordinarily resident in
Australia who is of at least the age of 18 years, by signing any copy of
the text of this Act.
3. This Act shall commence 30 days after the day on which the number of
persons enrolled as electors who have assented to this Act exceeds the
number of such persons who have not assented and shall then be binding
as law on the people of Australia including the courts and judges of the
Commonwealth and of every State and Territory of Australia.
4. General elections for both Houses of the Parliament shall be held
forthwith and not more than 60 days after the commencement of this Act.
5. The Constitution of the Commonwealth of Australia, is hereby amended
by repealing sections 24, 25, 26, 29, 31 and 33 and substituting the
corresponding sections in the Schedule to this Act.
SCHEDULE
24. Constitution of the House of Representatives. The House of
Representatives shall be composed of members directly chosen by the
people of the Commonwealth, voting as one electorate, and the number of
such members shall be, as nearly as practicable, twice the number of
senators.
31. Laws concerning elections for the House of Representatives.
(i) Subject to this Constitution, the laws in force in the Australian
Capital Territory on 17 July 1998 relating to elections for the
Legislative Assembly shall, as nearly as practicable, apply to elections
for the House of Representatives.
(ii) Laws relating to elections for the House of Representatives shall
be altered only in the same manner as specified in section 128 for
altering this Constitution.
33. Vacancies. Notwithstanding section 31, the Parliament may make laws
concerning the replacement of a member of the House of Representatives
whenever a vacancy occurs between general elections.
