Because this new Constitution was presented to and passed b the Parliament of Qld without respect of reference to the Commonwealth of Australia Constitution Act section 106, to the Queensland Constitution Act 1867 and without a referendum of the People as cited at section 53, this removed the Separation of Powers and recreated QLD as an independent, sovereign, corporation government outside of and not, therefore, subject to the laws of the Commonwealth or other States & Territories, in contradiction of the Commonwealth of Australia Constitution Act.
The Common Law has been repealed from the Supreme Court Act 1995 (Q), Reprint No. 2, reprinted as in force 2 March 2001 © State of Q 2001, by the omission of Part 9 – Division Heading 4 Common Law & Jurisdiction; Division Heading 5 Equitable Jurisdiction; Division Heading 6 Criminal Jurisdiction - Section 199 Laws of England to be applied in the administration of Justice; Section 200 Common Law and General Jurisdiction of the Court, Jurisdiction at common Law; Section 2001 Equitable Jurisdiction; Section 202 Criminal Jurisdiction.
Courtesy of the Constitution of Queensland 2001 Chapter 4 – Courts – section 58 – Supreme Courts – the Supreme Court’s jurisdiction is now of the State.
QLD is now outside the Commonwealth of Australia as an independent sovereign
State without common law, and the people are subject to civil and statute law only. The
'common law and general jurisdiction'; the 'Laws of England to be applied in the
administration of justice' and 'equitable jurisdiction' have been removed under the Supreme
Court Act 1995(Qld) Reprint number 2A dated 2nd March, 2001 under Schedule 2 of the
Constitution of Queensland 2001.
All private equity and inheritance in the State is the property of “the State”, see Corporations (Q) Act 1990 (Q), Reprint No 3, reprinted as in force immediately before 15 July 2001 ©State of Q 2006. All courts, including the Magistrates Courts, are inside the Parliament of QLD.
The jurisdiction of the Supreme Court of QLD is found in the Constitution of
Queensland 2001, Part 5 - Powers of the State. Therefore it is assumed that the Judges of the Supreme and District Courts of QLD must protect the 'assets' of the State of QLD and find only in favour of the State, not in favour of the registered ownersof private land who have lost, under the statute laws of QLD, the rights to use their fee simple land as they see fit.
The Constitution of Queensland 2001 Chapter 3, Sections 51 & 27 are ultra vires to the Commonwealth of Australia Constitution Act at s109, s106, s107, s51 & s52 of the Referendum (Machinery Provisions) Act 1984 (C’wth). Ultra vires meaning Without authority. An act which is beyond the powers or authority of the person or organization which took it.
The common law and references to the Crown have been removed out of the Supreme Court Act 1995(Qld).
Civil law and statute law have a very different requirement for the committing of any offence, whether an indictable offence, a summary offence, a simple offence or an absolute offence such as a traffic offence where a guilty mind is not required to commit that offence.
Under the civil law system, which is now subject to the Uniform Civil Procedures Rules of the Supreme Court Act 1991(Qld), every person is guilty until they prove their innocence.
The Supreme and District Court, other courts and the Judges and Justices of those Courts are now inside the corporation of the Government, and not sworn representatives of the Crown. Under the Constitution of Queensland 2001, all documents are issued or signed under the Public Seal of the State. This would be any document appointing a politician, a Judge or any person who should swear an oath of allegiance to the Sovereign. The Governor now seals that document in accordance with the Constitution of Queensland 2001 section 37 with the Public Seal of the State therefore voiding the appointment of any of those people by the Sovereign but making those people in effect 'officers of the State' and subject to the 'Powers of the State' as cited in Part 5 of the Constitution of Queensland 2001.