The real question is how much money is it allowed to spend on 'yes' and 'no' campaigns?
For years Prime Minister Abbott has committed himself to changing Australia's Constitution to positively recognise Aboriginal and Torres Strait Islander Australians.
The Recognise campaign, which advocates Constitutional change, has received about $15 million in government funding in the last few years. The current campaign is calling to remove 25 and 51 (xxvi) of the Constitution, and the introduction of new text in the Constitution to recognise Indigenous people.
The only way to change the Constitution is through a successful referendum, with a majority 'yes' vote in a majority of states. The vote must take place between two to six months after the proposed law to change the Constitution.
By law the vote must be held on a Saturday. No referendum date has been set nor a question formulated. But the Prime Minister has expressed his desire that a referendum happen in May 2017 on the 50th anniversary of the successful 1967 referendum.
Tony Abbott will meet with Indigenous leaders in July to decide on the next step to Constitutional change.
The law on 'yes' and 'no' cases
According to section 11 of the Referendum Act, the Australian Electoral Commission can receive within four weeks of the proposed law passing parliament:
1. An argument in favour of the proposed law, consisting of not more than 2,000 words, authorised by a majority of members of parliament who voted for the proposed law and desire to forward such an argument; or
2. An argument against the proposed law, consisting of not more than 2,000 words, authorised by a majority of members of parliament who voted against the proposed law and desire to forward such an argument.
Conservative Liberal senator Cory Bernardi and microparty Liberal Democratic senator David Leyonhjelm have indicated they would support a 'no' campaign.
The electoral commissioner should then within 14 days before the voting day send a pamphlet containing the arguments together with a statement showing amendments proposed to be made to the Constitution to voters.
Under the Act the Commonwealth is allowed to spend money on preparing, printing and sending the pamphlets, and the related expenses of translating that information into different languages and for the visually impaired. The government may also fund (through the Electoral Commissioner) "information relating to, or relating to the effect of, the proposed law".
To put it simply, the law states a 'yes' and 'no' campaign can be funded provided there is enough support for each case from a number of politicians. A 'yes' case is assured, given the Prime Minister's personal championing of constitutional recognition and the fact that it is a Liberal party policy. But, it appears likely a 'no' case will also officially be made with the kernels of opposition from several politicians already exisiting.
How much money can be spent on 'yes' and 'no'?
There does not appear to be a set rule.
Before the failed 1999 republic referendum, the Howard Government passed the Referendum Legislation Amendment Act 1999, which allowed it to spend about $7 million on a 'yes' and a 'no' campaign, which included pamphlets, a national telephone enquiry line and information displayed on the internet.
A similar suspension on Commonwealth spending was also made in 2013 for the abandoned referendum on recognising local government councils in the Constitution. The Gillard Government allocated $10 million to the 'yes' campaign and $500,000 to the 'no' case.
According to the Australian Electoral Commission, the total expenditure on the 1999 referendum was about $66.1 million. The 1988 referendum cost nearly $35 million; and just over $38 million was spent on the 1984 referendum. Australia's last successful referendum was in 1977.
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