Australien, 21. Mai 1977 : Besetzung von Senatsvakanzen
Gebiet
Australien
┗━ Stellung
unabhängiger Staat
Datum
Vorlage
Besetzung von Senatsvakanzen
┗━ Fragemuster
Entscheidungsfrage
┗━ Gesetzliche Grundlage
Obligatorisches Referendum → durch Parlament → bindend → Stufe: Verfassung → Partialrevision (Einzelthema)
Ergebnis
angenommen
┗━ Mehrheiten
gültige Stimmen, Untereinheiten
Stimmberechtigte
8'242'383
Stimmbeteiligung
7'605'882
92,28%
Stimmen ausser Betracht
135'148
Gültige (= massgebende) Stimmen
7'470'734
auf die gültigen Stimmen bezogen
┗━ Ja-Stimmen
5'477'771
73,32%
┗━ Nein-Stimmen
1'992'963
26,68%
Staaten
6
┗━ Annehmende Staaten
6
┗━ Verwerfende Staaten
0
Bemerkungen
Obligatorisches Verfassungsreferendum nach Art. 128 der Verfassung. Erforderlich
sind ein Volks- und ein Staatenmehr. Die beiden Territorien (Australian Captial
Territory und Northern Territory) sind nicht stimmberechtigt.
Abstimmungsfrage:
"It is proposed to alter the Constitution to ensure as far as practicable that a
casual vacancy in the Senate is filled by a person of the same political party
as the Senator chosen by the people and for the balance of his term.
Do you approve of the proposed law?"
Art. 15 : Senatsvakanzen sollen wenn möglich mit einer Person derselben Partei besetzt werden.
Art. 15 (neue Fassung):
"If the place of a Senator becomes vacant before the expiration of his term of
service, the Houses of Parliament of the State for which he was chosen, sitting
and voting together, or, if there is only one House of that Parliament, that
House, shall choose a person to hold the place until the expiration of the term.
But if the Parliament of the State is not in session when the vacancy is
notified, the Governor of the State, with the advice of the Executive Council
thereof, may appoint a person to hold that place until the expiration of fourteen
days from the beginning of the next session of the Parliament of the State or
the expiration of the term, whichever first happens.
Where a vacancy has at any time occurred in the place of a senator chosen by
the people of a State and, at the time when he was so chosen, he was publicly
recognized by a particular political party as being an endorsed candidate of
that party and publicly represented himself to be such a candidate, a person
chosen or appointed under this section in consequence of that vacancy, or in
consequence of that vacancy and a subsequent vacancy or vacancies, shall,
unless there is no member of that party available to be chosen or appointed,
be a member of that party.
Where-
(a) in accordance with the last preceding paragraph, a member of a particular
political party is chosen or appointed to hold the place of a senator whose
place had become vacant; and
(b) before taking his seat he ceases to be a member of that party (otherwise
than by reason of the party having ceased to exist),
he shall be deemed not to have been so chosen or appointed and the vacancy
shall be again notified in accordance with section twenty-one of this
Constitution.
The name of any senator chosen or appointed under this section shall be certified
by the Governor of the State to the Governor-General."
Art. 15 (alte Fassung):
"If the place of a senator becomes vacant before the expiration of his term of
service, the Houses of Parliament of the State for which he was chosen shall,
sitting and voting together, choose a person to hold the place until the
expiration of the term, or until the election of a successor as hereinafter
provided, whichever first happens. But if the Houses of Parliament of the State
are not in session at the time when the vacancy is notified, the Governor of
the State, with the advice of the Executive Council thereof, may appoint a person
to hold the place until the expiration of fourteen days after the beginning of
the next session of the Parliament of the State, or until the election of a
successor, whichever first happens.
At the next general election of members of the House of Representatives, or at
the next election of senators for the State, whichever first happens, a
successor shall, if the term has not then expired, be chosen to hold the place
from the date of his election until the expiration of the term.
The name of any senator so chosen or appointed shall be certified by the Governor
of the State to the Governor-General."