A Brief Outline

  • Australia has been an independent nation for at least 60 years, so why does our Constitution form part of the UK statute book?
  • Why aren’t all our fundamental constitutional laws in the one place?
  • We can transfer (‘relocate’) these to a document made by Australians
  • We need a referendum to insert the mechanism for this (a temporary section 128A) in the existing (UK based) Constitution
  • The referendum would follow a long period (some years) of community and expert consultation and consideration Section 128A would set out the steps for relocation and the provisions to be relocated
  • Step 1: by voting ‘yes’ at a referendum to insert s 128A, the Australian people would press the ‘start’ button for Steps 2, 3 and 4 to begin
  • Step 2: the Parliaments of Australia would appoint delegates – people of all ages and backgrounds – to certify (by signing) a document to be called ‘the Australian instrument’
  • Step 3: after a majority of delegates had signed and a set period passed, the Australian instrument would become our Constitution and the UK Act would cease to be the law
  • Step 4: as a ‘housekeeping’ measure, the UK Act and other UK laws applying in Australia would be repealed so that the Constitution in the Australian instrument becomes the single point of reference for our fundamental enacted constitutional law
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