What do people think the 1967 referendum was about? Among other things, it deleted these words from Section 51:
(xxvi) The people of any race, ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ขฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ, ...
(xxvi) The people of any race, ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ขฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ, ...
Section 51, recall, is the bit that gives the federal government most of its powers: to levee taxes, run a defence force, build lighthouses...
"The Parliament shall ... have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ..."
"The Parliament shall ... have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ..."
Including:
"(ix) quarantine;"
So why would you delete "other than the aboriginal race in any State" from part 51(xxvi), seventeen sub-sections further down?
"(ix) quarantine;"
So why would you delete "other than the aboriginal race in any State" from part 51(xxvi), seventeen sub-sections further down?
Reason is that Section 51 does not just give the federal government power to "make laws"; it also gives it the power to override state laws in the listed areas of responsibility. That's because *commonwealth law overrides state law* (to the extent they conflict)...
That's in this section:
"109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."
"109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."
When the 1967 referendum made this change, it gave the Commonwealth power to override state 'aboriginal protection' laws
"(xxvi) the people of any race, ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ขฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ..."
"(xxvi) the people of any race, ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ ฬถ๐ฬถ๐ฬถ๐ขฬถ ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ๐ฬถ..."
...State laws that had, for example, allowed Western Australia to put traditional Aboriginal men in neck chains and march them off to a death camp on Rottnest Island. That's what the 1967 referendum was about.
https://www.oric.gov.au/publications/spotlight/waking-wadjemup
https://www.oric.gov.au/publications/spotlight/waking-wadjemup
So please do not try to tell us that the Commonwealth does not have power over quarantine, including over how the states run quarantine. I'm old enough to remember.
Story does not end there. Whilst, in 1967, by huge majority, Australians gave the Commonwealth the power to override racist state 'aboriginal protection' legislation*, it did not immediately exercise that.
(*Leaving its own power to make racist laws intact ...unfortunately.)
(*Leaving its own power to make racist laws intact ...unfortunately.)
...Not until the Whitlam government's Racial Discrimination Act of 1975. In the meantime, Bjelke-Petersen continued to incarcerate Aboriginal people in a gulag of concentration camps, like Palm Island. You can read about it in the 1997 enquiry report:
https://humanrights.gov.au/our-work/bringing-them-home-report-1997
https://humanrights.gov.au/our-work/bringing-them-home-report-1997
YIK, the story isn't quite that simple. Queensland had already repealed the worst of its racist legislation, in 1965, under pressure from Menzies. But the Whitlam government still needed its 'Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975'...
"An Act to make Provision with respect to the Peoples of the Aboriginal race of Australia, and the race to which Torres Strait Islanders belong, for the purpose of preventing Discrimination in certain respects against those Peoples under laws of Queensland..."
What a time it was.