Wilkie lodges High Court showdown

HIGH Court action spearheaded by Denison MP Andrew Wilkie would rule out further action on same-sex marriage if successful, says Prime Minister Malcolm Turnbull.

The Australian Bureau of Statistics has begun work on the $122 million voluntary poll, with forms due to be posted by September 12 and completed by November 7 and a result to be announced on November 15.

A Private Member’s Bill would then go to Parliament by the end of the year.

Marriage equality activists yesterday launched two High Court bids to head off the ballot, saying it breached the Constitution and that funding the vote without legislation exceeded the Government’s power.

The challenges involve the Human Rights Law Centre and Public Interest Advocacy Centre, the latter on behalf of Tasmanian independent MP Andrew Wilkie and advocates Shelley Argent and Felicity Marlowe.

“In essence my concerns are that the Government is improperly trying to bypass Parliament and exceed its powers,” Mr Wilkie said on Wednesday.

Asked what would happen if the court struck down the ballot, Mr Turnbull said: “Our policy is very clear. We will not facilitate the introduction of a Private Member’s Bill on this matter unless the Australian people have given their support through a ‘yes’ vote through this national vote.”

Labor leader Bill Shorten told Parliament he would campaign for the “yes” case.

He said it was a waste of taxpayers’ money and he would not blame voters for chucking their ballot paper in the bin but they should not sit on the sidelines.

“The most powerful act of resistance is to vote yes for equality,” Mr Shorten said.

“Voting yes is not about endorsing this process, it is about refusing to walk past our fellow Australians when they need us.”

Labor has raised questions about missing legal protections against bribery and intimidation, the short time frame for updating the electoral roll, the ability of voters in remote areas to return their ballot papers, the lack of authorisation of campaign material and the inability to challenge the result in the Court of Disputed Returns.

Mr Turnbull said if Labor wanted the Electoral Act and all its protections to apply, it should have supported the compulsory plebiscite in Parliament.

Former High Court judge Michael Kirby wants the plan abandoned, saying he is instead happy to wait to wed his partner of 50 years. “I feel as a citizen I’m being treated in a second-class way,” he said of the ballot.