It can make recommendations to parliament. It’s more or less an advisory board with the sole focus of indigenous affairs. It will yield as much power as the parliament on the day will provide. Any advice, or recommendations still have to be presented as a bill by a member of parliament and will still be required to pass both the lower and upper house.
It’s great step in the right direction and for me, the biggest and most important part of the referendum is acknowledging indigenous people, as people. Indigenous people have been in Australia for 65,000+ years, and Australia has had a constitution for over 100 years. I reckon it’s probably about time.
And yet again, young people will be punished by the mistakes of those who will not live long enough to see the consequences of their injustices when it is voted against.
^^^
Is my Tl;dr of this post I made on my social media. Just copying and pasting
I’ve been rather worried about the outcome of the upcoming referendum.
It is incredibly concerning the polls at the moment, and that is not just because they don’t align with my beliefs; however due to how many people are being sold lies in regards to ‘The Voice”
People are being told that ‘The Voice’ is going to control the parliament of the day, however that is simply untrue.
I’ve even seen a pamphlet go as far to claim that with ‘The Voice’ that it will have the power to charge non-Indigenous Australians a tariff on drinking water.
So I’ve read the proposed legislation in full to help explain to those whom may be confused to what powers it will actually have and will summarise the key information in debunking such myths.
(note, this is not to shame people or make them feel small for not understanding the proposal, as there is a large volume of misinformation being spread and facilitated by large media outlets and politicians that even voted in support for the referendum ie. Peter Dutton)
An extract from the introduction of the proposed amendment.
The Bill introduces a new section into the Constitution which would be located in a new Chapter IX, to be named ‘Recognition of Aboriginal and Torres Strait Islander Peoples’ , at the end of the existing chapters of the Constitution.
“The section, to be titled ‘Aboriginal and Torres Strait Islander Voice’, would contain four key components. The purposes of these components are:
· to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia;
·to provide for the establishment of a new constitutional entity called the Aboriginal and Torres Strait Islander Voice;
to set out the core representation-making function of the Voice; an
to confer* upon the Parliament legislative power to make laws with respect to matters relating to the Voice, including its composition, functions, powers and procedures.”
*Now, I’ve marked confer to point out that wording IS definitive in the fact that they can only suggest recommendations to the parliament of the day for matters they consider in the ‘The Voice’ –
This means that they don’t have and will never have without a subsequent referendum an executive function, they will never be able to pass a law.
The parliament, just like the present day will have to pass the legislation into law via the same means. (through the lower, then the upper and finally signed off by the governor general)
Now the big one is settled, I will provide more extracts for people who think that the abovementioned might be a little ambiguous.
Clause 14 and 15 as follows.
It’s explicit wording doesn’t allow for it to be argued any other way. It is simple and clear.
14. Subsection 129(ii) would not require the Parliament or the Executive Government to
wait for the Voice to make a representation on a matter before taking action. Nor would
s 129(ii) require the Parliament or the Executive Government to seek or invite representations
from the Voice or consult it before enacting any law, taking any action or making any
decision. Subsection 129(ii) would also not require the Parliament or the Executive
Government to furnish the Voice with information about a decision, policy, or law (either
proposed or in force) at any time.
15. Finally, s 129(ii) would not oblige the Parliament or the Executive Government to
follow a representation of the Voice. While the constitutional nature of the body, and its
expertise in matters relating to Aboriginal and Torres Strait Islander peoples would give
weight to the representations of the Voice, those representations would be advisory in nature..”
Unfortunately it seems there is a need to address peoples concerns that it would give the indigenous people power to cede traditional authority over land and water is an unachievable conclusion based on the proposed legislation and existing constitutional law.
In conclusion, the function of the voice set out in sub-section 129(ii). Is to ‘make representations’ to the sitting government of the Commonwealth.
Simply, they advise on: existing, or proposed legislation and administrative policy and or practices. There is no legally binding obligation for them to accept such advise or enact. The only obligation the federal parliament of Australia would have from the voice is a purely democratic one.