Parliament shall subject to the AMENDED Constitution have power to make laws with respect to The Voice, including its POWERS - Paragraph 3 of the proposed Constitutional amendment can in fact confer on The Voice a vast range of powers, well beyond the merely advisory

 by Ganesh Sahathevan 

                             Professor Megan Davis knows what she is talking about



Paragraph Three of The Voice Constituional Amendments states:

3: The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

It should be remembered however that "this Constitution" means the amended Constitution, which will read:

“Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

  1. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
  2. the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
  3. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.”
There is nothing in the Constitution, once amended "in recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia".   that would limit the powers that Parliament can confer on   The Voice pursuant to 129 (iii). 
The Voice need not be limited to a merely advisory role.


 Referendum working group member Professor  Megan Davis, a Constitutional Law expert, knows what she is talking about when she says Parliament will not be able to ‘shut the voice up’ .

END 

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