호주 지방자치법제의 특징과 시사점 –입법절차에의 주민참여와 지방정부 명시 헌법개정 국민투표를 중심으로–

초록

1. State Referendums in Constitution Act 1902 No 32 [NSW] are held to gauge voter opinion on certain issues; to change certain parts of the New South Wales Constitution Act (especially concerning the Legislative Council); or because a Bill has reached a state of deadlock between the two Houses of Parliament. In the latter instance, the Legislative Assembly may direct that the Bill be submitted by way of referendum to the electors for approval. This is the rarest form of referendum in NSW. 2. A council may not do any of the following unless approval to do so has been given at a Constitutional Referendums in Local Government Act 1993 No 30 [NSW]: (a) divide its area into wards or abolish all wards in its area, (b) change the basis on which the mayor attains office (that is, by election by the councillors or by election by the electors), (c) increase or decrease the number of councillors in accordance with the limits under section 224, (d) change the method of ordinary election of councillors for an area divided into wards. The decision made at a constitutional referendum binds the council until changed by a subsequent constitutional referendum. 3. 2013 Local Government Referendum seeks to amend the Constitution to give ‘financial recognition’ to local government. It would amend section 96 of the Constitution so that it reads (new words underlined): During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State, or to any local government body formed by a law of a State, on such terms and conditions as the Parliament thinks fit. The main purpose of this amendment is to give the Commonwealth the power to directly fund local governments, rather than having to provide funding indirectly through the states. Currently, the Commonwealth’s constitutional ability to provide direct funding (which supports the Roads to Recovery program, among others) has been cast into doubt by recent High Court decisions- Pape v Commissioner of Taxation Paper, [2009]; Williams v Commonwealth [2012].

키워드