# 1946 Australian referendum (Marketing)

The Constitution Alteration (Organised Marketing of Primary Products) Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth explicit power to make laws for the organised marketing of primary products and to exempt it from the freedom of interstate trade requirement of section 92 of the constitution. It was put to voters for approval in a referendum held on 28 September 1946.

## Question

Do you approve of the proposed law for the alteration of the Constitution entitled "Constitution Alteration (Organised Marketing of Primary Products) 1946"?
The proposal was to insert into section 51 the following:
   51. The Parliament shall, subject to this Constitution, have Legislative power to make laws for the peace, order, and good government of the Commonwealth with respect to:
       (i.A.) Organized marketing of primary products;
       (2.) The power of the Parliament to make laws under paragraph (i.A.) of the last preceding sub-section may be exercised notwithstanding anything contained in section ninety-two of this Constitution.

## Results

Result :
| State | Electoral roll | Ballots issued | For | For | Against | Against | Informal |
| State | Electoral roll | Ballots issued | Vote | % | Vote | % | Informal |
| New South Wales | 1,858,749 | 1,757,150 | 855,233 | 51.83 | 794,852 | 48.17 | 107,065 |
| Victoria | 1,345,537 | 1,261,374 | 624,343 | 52.37 | 567,860 | 47.63 | 69,171 |
| Queensland | 660,316 | 612,170 | 251,672 | 43.74 | 323,678 | 56.26 | 36,820 |
| South Australia | 420,361 | 399,301 | 183,674 | 48.74 | 193,201 | 51.26 | 22,426 |
| Western Australia | 300,337 | 279,066 | 145,781 | 56.21 | 113,562 | 43.79 | 19,723 |
| Tasmania | 154,553 | 144,880 | 55,561 | 42.55 | 75,018 | 57.45 | 14,301 |
| Armed forces | | 37,021 | 19,924 | 53.81 | 15,997 | 43.21 | 986 |
| Total for Commonwealth | 4,739,853 | 4,453,941 | 2,116,264 | 50.57 | 2,068,171 | 49.43 | 269,506 |
| Results | Obtained majority in three states and an overall majority of 48,093 votes. Not carried | Obtained majority in three states and an overall majority of 48,093 votes. Not carried | Obtained majority in three states and an overall majority of 48,093 votes. Not carried | Obtained majority in three states and an overall majority of 48,093 votes. Not carried | Obtained majority in three states and an overall majority of 48,093 votes. Not carried | Obtained majority in three states and an overall majority of 48,093 votes. Not carried | Obtained majority in three states and an overall majority of 48,093 votes. Not carried |
* ↑ Armed forces totals are also included in their respective states.

## Discussion

This was the third occasion in which the commonwealth sought power to enact legislative schemes for the marketing of agricultural produce, having been unsuccessful in 1937 and 1944.
For a referendum to approve an amendment of the constitution, it must ordinarily achieve a double majority: approved by a majority of states (i.e., four of the six states) as well as a majority of those voting nationwide. This was the second of five referendums (as of October 2021) to achieve an overall majority, but fail the requirement of a majority of states.