The reference to “the State” is to the State of the Commonwealth of Australia and its external territories.
To clarify the term “the State” and its effect within today’s laws. The best way to explain this is take the meaning of “the State” from the South Australian Acts Interpretation Act 1919 (SA) at s4A, where it says this about the State:
Acts Interpretation Act 1915 (SA)
Section 4A headed, Date of establishment of the State “For the purposes of the law of the State, the State will be taken to have been established on the twenty-eighth day of December, 1836.”
Therefore, in each government, The State is the entity created at its inception as a colony, prior to the Federation when that state became A State. The State being an independent entity, A State being a confederated entity.
In other words, the Constitutional states are still in existence, the govts of those states have simply returned to operating under their original colonial constitutions.
Have we returned to being prisoners under military rule then?
Now as a consequence of holding (keeping) Chapter 2 and the reading down (ignoring) of Chapters 1 and 3 specifically, the Executive Government of the Commonwealth and the Executive Governments of “the States” are exercising extraordinary powers through the process known as COAG which is based on a process of Statutory agreements alienated (separate) from the Constitution.
What is now created? –
- An independent jurisdiction without limit, or restriction,
- that was in existence before Federation (Colonies)
- with the exception, that British Law no longer applies by virtue of the Australia Act.
- Therefore; there is no applicable jurisprudence obtainable from within Chapters 1 or 3 of the Constitution.
- The jurisprudence is now held solely within the Statutory Instrument (govt legislation) and again is alienated from the Constitution.
So, the Crown now resides in the “hands” of the Governor, who is under the advisement of the Federal Executive.
The Executive has assumed the role of Governor, therefore the Crown now resides in the hands of the Executive.
Therefore all state legislation made by the
executive=governor=crown is binding.