Legislating the Voice is of course an option and something the government has committed to doing if the referendum is successful.

You should contact the ABC and provide them with a correction.

https://www.abc.net.au/news/2023-09-27/you-ask-we-answer-why-cant-voice-to-parliament-be-legislated/102879806

The government would prefer to take the concept of a Voice and constitutional recognition for First Nations people to a referendum and have the actual machinery of the body put forward in legislation.

https://www.abc.net.au/news/2022-12-10/how-voice-to-parliament-could-work/101749746

If the referendum passes:

4. Consultation with Aboriginal and Torres Strait Islander communities, the Parliament and the broader public to design the Voice

5. Introduce a Voice establishment bill into the Parliament

6. Once Parliament approves the legislation to establish the Voice, the legislation comes into effect and the work to set up the Voice begins.

https://voice.gov.au/resources/fact-sheet-referendum-question-and-constitutional-amendment