In order to bring about the structure now known as the State of QLD / Brigalow Corporation a long process of legal manipulation was instituted.
As the aim was to remove QLD from the Australian Federation, it was necessary to remove it back to the original QLD Constitution 1867, prior to Federation and make sure that Constitution was able to carry the intended results.
Consequently, this Constitution was reprinted but withheld for a date to be fixed, with 114 Changes, 131 Additions and 116 Deletions.
The most relevant change initially was the addition of over 14 sections regarding the expansion of the role of Parliamentary Secretary.
During the early 1990’s all major laws were reprinted, but held over for a fixed date.
On approx the 29 January 1998, the leader of the National Party placed on the table in Parliament, a document seeking to move the Governor of the State of QLD, into the Constitution Act 1867 as a parliamentary secretary and a public official. This was done under the Imperial Acts Application Act 1954 section 15DA.
This document was not challenged by any member of any party or any independent member of the QLD Parliament, and therefore became official on 29 January 1999. See Constitution (Parliamentary Secretaries) Act ©The State of QLD 1996.
On the same day the QLD Constitution 1867 reprint was proclaimed, thus verifiying the position of Parliamentary Secretary under its Constitution.
From this day on, the Governor of the State of QLD was no longer a sworn representative of Her Majesty Queen Elizabeth II, but was now inside the 1867 Constitution, conducting the daily business of the government and allocating “laws” applicable to each government department. He was removed from his “no party allegiance” and had become, effectively, a part of the QLD government and under the Premier’s control.
On 9 November 2001, the Premier of the State of QLD, the Honorable Peter Beattie presented to Parliament the new Constitution of Queensland 2001 Bill.
The elected Members for the people of QLD, the Members of the Legislative Assembly, passed the Bill, said only to 'modernise' the Constitution of QLD.
This constitution was assented to by the Governor on 3rd December 2001 and upon assent, under section 95 of the new Constitution, Acts subject to the Constitution Act 1867 were repealed. Section 92 immediately came into force which repealed parts of the Constitution Act Amendment Act 1922. This allowed the Parliament to move back prior to the removal of the Legislative Council at referendum in 1922 and 'recreate' the positions of that former Legislative Council.
QLD then became, at the completion of these matters, without the assent of any of the laws by the Crown or Her Representative, an independent sovereign State and fractured the common law and the separation of powers in that state.
Although the Governor was clearly now a public servant under the current QLD State Government, he still held the Public Seal of the State, and sealed all documents signed under the Hand of the Sovereign with the Public Seal of the State, therefore rendering void, any contracts, Acts, Laws, etc under the Hand of the Sovereign.
In fact, on that day, 3 December 2001, the Governor of QLD with the authority of the Entrenched Provisions contained in the Constitution Act 1867 (Reprint No 1), and the Commonwealth of Australia Constitution Act which in their manner and form hold the entrenched provision of “The Governor of QLD”, and exercising the delegated authority of “The Crown”, did unilaterally ‘Assent’ to the ‘Constitution of Queensland Parliament of Queensland Bill’ without the consent of the People’s of QLD through the ultimate and absolute authority gained through a vote of ‘Referenda’.
And in doing so, this Constitution of Queensland 2001 became the ‘Fundamental Law of QLD.’