1937 Australian referendum (Marketing)

Constitution Alteration (Marketing) 1936 was an Australian referendum held in the 1937 referendums which sought to alter the Australian Constitution to remove the restraints on interstate sales of goods imposed on Parliament by section 92 of the Constitution.

It was proposed to add a section 92A that excluded "marketing" from the powers of section 92. This was in reaction to the case of James v Commonwealth [1932] AC 578 in which the Privy Council found that the Commonwealth legislation regulating the sales of dried fruit was invalid.[1]

Question

Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Marketing) 1936'?

Results

Result [2]
State	On rolls	Ballots issued		%		%	Invalid	Result
State	On rolls	Ballots issued	For		Against		Invalid	Result
New South Wales	1,550,947	1,461,860	456,802	33.76	896,457	66.24	108,601	No
Victoria	1,128,492	1,074,278	468,337	46.58	537,021	53.42	68,920	No
Queensland	562,240	519,933	187,685	38.78	296,302	61.22	35,946	No
South Australia	358,069	341,444	65,364	20.83	248,502	79.17	27,578	No
Western Australia	247,536	221,832	57,023	27.77	148,308	72.23	16,501	No
Tasmania	133,444	125,016	24,597	21.88	87,798	78.12	12,621	No
Total for Commonwealth	3,980,728	3,744,363	1,259,808	36.26	2,214,388	63.74	270,167	No
Obtained majority in no State and an overall minority of 954,580 votes.
Not carried

Discussion

This was one of the few instances where a referendum failed to achieve a majority in any state.

References

Davern Wright, R J (1938). "THE DRIED FRUITS CASE. JAMES v. THE COMMONWEALTH" (PDF). Res Judicatae. 42: 173–176.
Handbook of the 44th Parliament "Part 5 - Referendums and Plebiscites - Referendum results". Parliamentary Library of Australia. Archived from the original on 29 September 2017..

Standing Committee on Legislative and Constitutional Affairs (1997) Constitutional Change: Select sources on Constitutional change in Australia 1901–1997. Australian Government Printing Service, Canberra.
Bennett, Scott (2003). Research Paper no. 11 2002–03: The Politics of Constitutional Amendment Australian Department of the Parliamentary Library, Canberra.
Australian Electoral Commission (2007) Referendum Dates and Results 1906 – Present AEC, Canberra.

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[1] Davern Wright, R J (1938). "THE DRIED FRUITS CASE. JAMES v. THE COMMONWEALTH" (PDF). Res Judicatae. 42: 173–176.

[Handbook-2] Handbook of the 44th Parliament "Part 5 - Referendums and Plebiscites - Referendum results". Parliamentary Library of Australia. Archived from the original on 29 September 2017..

Elections and referendums in Australia
Federal elections	1901 1903 1906 1910 1913 1914 1917 1919 1922 1925 1928 1929 1931 1934 1937 1940 1943 1946 1949 1951 1953 1954 1955 1958 1961 1963 1964 1966 1967 1969 1970 1972 1974 1975 1977 1980 1983 1984 1987 1990 1993 1996 1998 2001 2004 2007 2010 2013 2016 2019 Next by-elections
Referendums	1906 1910 1911 1913 1916 1917 1919 1926 1928 1937 1944 1946 1948 1951 1967 1973 1974 1977 1984 1988 1999 2017 (non-binding survey)
Elections in: Australian Capital Territory New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia

1937 Australian referendum (Marketing)

Question

Results

Discussion

See also

References

Further reading