Constitutional lawyers say Dutton’s assertion that Albanese had the power to “change the question for October 14” is “simply not be possible”.
Legal experts have dismissed a call from Opposition Leader Peter Dutton to change the question on the Indigenous Voice before the October 14 referendum, escalating concerns about false claims amid a political storm over his proposal for a second referendum.
Dutton made his claim on the Nine Network on Monday morning when questioned about his proposal for a second referendum on constitutional recognition if Australians vote No to the Voice and constitutional recognition on October 14. But the exact wording of the question was decided in the law to set up the referendum, passed by parliament on June 19, and sets a timetable that leaves no scope to change the question unless parliament amends the law and sets a later date for a different referendum.University of Sydney law professor Anne Twomey said the first problem with Dutton’s claim was that parliament would have to change the law to change the question.
“All this would have to be passed by parliament, and there is no time to do that now for an October 14 referendum, as the Constitution says the referendum must be at least two months after the referendum bill is passed and another 33 days are also needed because of electoral laws.Dutton voted in favour of the referendum and the wording of the question when he and others passed the Constitution Alteration on May 31 in the House of Representatives.
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