- SECT 128
Mode of altering the Constitution [see Note 1]
The proposed law for the alteration thereof must be passed by an absolute
majority of each House of the Parliament, and not less than two nor more than
six months after its passage through both Houses the proposed law shall be
submitted in each State and Territory to the electors qualified to vote
for the election of members of the House of Representatives.
But if either House passes any such proposed law by an absolute majority, and
the other House rejects or fails to pass it, or passes it with any amendment to
which the first-mentioned House will not agree, and if after an interval of
three months the first-mentioned House in the same or the next session again
passes the proposed law by an absolute majority with or without any amendment
which has been made or agreed to by the other House, and such other House
rejects or fails to pass it or passes it with any amendment to which the
first-mentioned House will not agree, the Governor-General may submit the
proposed law as last proposed by the first-mentioned House, and either with or
without any amendments subsequently agreed to by both Houses, to the electors
in each State and Territory qualified to vote for the election of the
House of Representatives.
When a proposed law is submitted to the electors the vote shall be taken in
such manner as the Parliament prescribes. But until the qualification of
electors of members of the House of Representatives becomes uniform throughout
the Commonwealth, only one-half the electors voting for and against the
proposed law shall be counted in any State in which adult suffrage prevails.
And if in a majority of the States a majority of the electors voting approve
the proposed law, and if a majority of all the electors voting also approve the
proposed law, it shall be presented to the Governor-General for the Queen's
assent.
No alteration diminishing the proportionate representation of any State in
either House of the Parliament, or the minimum number of representatives of a
State in the House of Representatives, or increasing, diminishing, or otherwise
altering the limits of the State, or in any manner affecting the provisions of
the Constitution in relation thereto, shall become law unless the majority of
the electors voting in that State approve the proposed law.
In this section, Territory means any territory referred to in
section one hundred and twenty-two of this Constitution in respect of which
there is in force a law allowing its representation in the House of
Representatives.
This Constitution shall not be altered except in the following manner: