Cabinet seeks Supreme Court opinion on constitutional amendment process

Cabinet has agreed to seek an opinion from the Supreme Court on the interpretation and application of the amendment provisions of the 2013 Constitution.

Cabinet has also approved the engagement of Bret Walker, Senior Counsel, for legal representation in the Supreme Court - Cabinet's Supreme Court Reference filed under section 91(5) of the 2013 Constitution.

The Cabinet says Walker is one of Australia's leading barristers, widely respected for his extensive legal experience and advocacy in constitutional, administrative and appellate law.

This comes as the Bill to amend the 2013 Constitution was defeated in Parliament.

The Bill sought to change the requirement for the 75 percent of the Members of Parliament needed to amend the Constitution and to also entirely remove the requirement of a referendum and support of 75 percent of the registered voters under Section 160.

It also sought to amend Section 159(c) relating to repealing, infringing or diminishing the effect of Chapter 11 of the Constitution which is about amendments to the Constitution.