Monday, December 14, 2009

Pt 5. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD

Sovereign People

We are all subjects of Her Majesty under section 117 of the Commonwealth of Australia Constitution Act

The Parliament of QLD does not recognize the rights of the sovereign people inside the State of QLD.

What now happens to people who have been prosecuted, fined, imprisoned etc. under the civil law of QLD, which does not exist elsewhere in the Commonwealth of Australia. The people of QLD are still, under section 117 of the Commonwealth of Australia Constitution Act, subjects of Her Majesty Queen Elizabeth II and protected by Her laws as there has been no referendum under section 128 of the Commonwealth of Australia Constitution Act to allow the separation of QLD from the Commonwealth of Australia.

Those of you who hold a Deed of Grant in fee simple in QLD, now only hold a statutory title, and that title is upheld by the civil laws of the Supreme and District Courts of the corporate Government of QLD and the Judges of the Supreme and District Courts who are inside the Government. Your common law estate in fee simple is now held by the corporate Government of the Sovereign State of QLD.

Under the definitions in the Acts Interpretation 1954(Qld), section 36, the definition of 'property' and 'land', the State of QLD now owns all your property, which includes money, real and personal property from the past and any future property which includes your will.

I refer to the definition of 'land' under section 22 - Meaning of certain words (aa) 'individual' and (c) 'land' of the Acts Interpretation Act 1901(C'wth) and the definition of 'property' in section 130.1 of the Criminal Code Act 1995(C'wth) The Acts Interpretation Act 1954(Qld) is ultra vires to the Commonwealth of Australia Constitution Act, Criminal Code Act 1995(C'wth), Chapter 7 - The proper administration of Government; the Acts Interpretation Act 1901(C'wth).

The Acts Interpretation Act 1954(Q) defines property both present and future, owned by
you as an 'individual and a corporation' as subject to a statutory instrument only and that statutory instrument is not only applicable to your land, but all property that you, as a person in QLD now own, as opposed to the previous common law indefeasible deed of grant in fee simple. All land, including private land held previously in the common law estate of inheritance in fee simple by private individuals, is now held by the corporation of the State of QLD known as the Brigalow Corporation.

The only tenure that any financial institutions hold in land in QLD today, even though they may believe they hold an estate in fee simple, is in fact held by the corporation of the State, the Brigalow Corporation and is now the full property of the State. The lending institutions now only hold a statutory title and an interest only in the land by virtue of the Statutory Instruments Act 1992 under which the rules of the Supreme and District Courts are found under section 12 of that Act.

The owners of that property taken by the corporation can only hope that the corporation has not used your real property as an asset to borrow funds for the corporation for whatever purpose. If the independent State corporation fails or borrowing is too extensive, it will again be the sovereign people who will bear the financial consequences.

Your Deed of Grant in fee simple is now a statutory title only, and that title is upheld by the civil laws of the Supreme and District Courts of the corporate Government of QLD and the Judges of the Supreme and District Courts who are inside the Government

Your land is now held by the Government of QLD in the Brigalow Corporation with no compensation paid to you for that acquisition. For “Even though the King may not enter” (Plenty v. Dillon [1991] HCA 5; 171 CLR 635 F.C. 91/004 (7 March 1991) the QLD Government and the delegated authorities thereof can, without fine or legal interference.

To have QLD become an independent Sovereign State and to remove the common
law, set up statutory civil law and have Queensland not recognize the Commonwealth of
Australia Constitution Act but only that Act from section 9 onwards, a full referendum
would have been required of the people of the Commonwealth of Australia to enact,
validly, that QLD, from 29th January 1999 was now independent of the Commonwealth of
Australia and a State in its own right.

That did not happen.

In the Second Reading Speech for the Constitution the Premier stated that the Constitution would be 'broadly accessible' to the people of QLD. Considering that this Act has effectively removed all common law property rights from the people of QLD it should, one would reasonably assume, have been put to a referendum of the people.

The sovereign people of the Commonwealth of Australia have never been required at a referendum by virtue of section 128 of the Constitution of the Commonwealth of Australia to vote to allow "the State" of QLD to fracture the Commonwealth and become an independent sovereign state.

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