I just wanted to know whether section 128 of the constitution could be used to amend or repeal the first eight clauses of the Constitution?
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
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This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900. There is a a red ribbon tied in a bow on the left hand side of the document. The paper looks faded from age.
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Hi James. Thanks for your question.
Section 128 of the Australian Constitution says the Constitution can be changed in a process called a referendum. A referendum is a vote by Australians to decide if they will support or reject a bill – a proposed law – to change the Australian Constitution, including changes to the first 8 clauses of the Constitution.
The first 8 clauses are often called the 'covering clauses'. They allowed the 6 British colonies—New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania—to unite to form the Commonwealth of Australia. Therefore, it is unlikely any referendums would be proposed to change these 8 clauses today.