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LEGACY CONTENT: The VAN Referendum 2023 Tapes

Episode 18: Dissecting the proposed Referendum question and Constitutional amendment

Confused by the referendum question and proposed amendment to the Constitution? To gain clarity, we’re joined by leading Constitution lawyer, Professor Cheryl Saunders.

Posted by: Charles

Published: 23 April 2023

Once again, one of Australia's leading and most respected Constitutional lawyers, Professor Cheryl Saunders, joins us. This time, to drill down and fully understand just what Australians will be expected to vote on in the coming referendum.

For your reference, as at the 23rd of April 2023, the details are as follows:

“A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

Do you approve this proposed alteration?”

The proposed amendment to the Constitution:

"Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

  1. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; 
  2. The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
  3. The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.”

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