I was sent this link - the fellow is spot on in his comments. Worth the watch.
The Fake QLD Constitution: http://www.youtube.com/watch?v=QiaFr_jEoCE
How they changed it: http://www.youtube.com/watch?v=ggjYM6pFFmY
Saturday, January 30, 2010
Sunday, January 10, 2010
An Overview of the Brigalow Corp Takeover of Australia
The Queensland Constitution 2001 / The Brigalow Corporation /
The Removal of all Ownership Rights in QLD & all other states of Australia.
GOVERNOR OF QUEENSLAND
1. Queensland Constitution 1867 was reframed with 114 Changes, 131 Additions and 116 Deletions.
2. January 1998, QLD National Party documented a move to place the QLD Governor in the Government as a Parliamentary Secretary under the QLD Constitution 1867 / Constitution (Parliamentary Secretaries) Act ©The State of QLD 1996.
3. This became official January 29 1999, the same day the QLD Constitution 1867 was reprinted.
4. Thus the Governor was no longer a sworn representative of Her Majesty Queen Elizabeth II, but a Public Servant of the QLD Government.
5. He was still using the Public Seal of the State on behalf of the Premier and Parliament of QLD and maintained the appearance of the Governor to the Sovereign People of the State.
CROWN IN QUEENSLAND (& AUSTRALIA)
1. In 1973, Gough Whitlam brought in the Queen of Australia through the adoption of the Royal & Parliamentary Titles Act 1927
2. This removed Queen Elizabeth II, Her Heirs and Assigns as enshrined in the Commonwealth of Australian Constitution Act (UK) 1900 and replaced the Crown with the Queen of Australia.
3. On the 19 December 1973, the Whitlam Government also removed the Great Seal of Britain from use and replaced it with the Great Seal of Australia.
4. In 1986, Bob Hawke brought in the Australia Act.
5. This is the Constitution of the new Parliament of Australia.
6. This is not the Commonwealth of Australia Constitution 1900 of the People.
7. This act removed the ability of the UK Parliament to make laws for Australia, making Britain a foreign country. This was defined by the High Court in the case Sue v Hill 1999.
THE BRIGALOW CORPORATION & PRIVATE LAND OWNERSHIP
1. During the early 1990’s all important and relevant Acts were changed and framed, but were adjourned without a definite date of reprinting.
2. On 3 December 2001, the Queensland Constitution 2001 came into being.
3. On this day, this ACT became the “Fundamental Law of QLD”.
4. 7 June 2002, all the framed Acts were reprinted and became law.
5. 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.
6. 15 July 2002, The Corporations (Q) Act 1990 (Q) Reprint No 3 created in QLD a Corporate Government.
The State of Queensland Australia is registered with the US Securities and Exchange Commissions under No. 0001244818.
7. The Queensland Treasury Corp is registered under No. 0000852555.
8. The old crowns lands act (Qld) was converted to the Land Act 1994 (Qld), and at section 4(1) the Land Administration Commission was renamed Brigalow Corporation.
9. The Land Act 1994 – Reprint No 10c, Part 7A, Section 506C states that the Corporation (Brigalow Corp) represents the Crown.
10. Culminating in the Beattie Govt introduction of the QLD Constitution 2001, QLD government administrations had reworked backward every piece of Federal and state legislation, removing any connection to and mention of Her Majesty Queen Elizabeth II, British law and the Royal Seal of England.
11. These acts were then reworked forward, replacing the removed elements with the Queen of Australia (as created by the Whitlam Govt in 1973) and the Great Seal of both Australia and QLD.
12. This means that the legislation contained in those acts are now “governed” by the government of those Seals, not the government of the Commonwealth of Australia Constitution 1900.
13. The Australia Waste Lands Act 1855 was reprinted in 1996 under the Seal of QLD, and because the Queen of Australia was also now sealed with the Seal of QLD, this effectively created a QLD “ownership” of all Crown land in Australia.
14. And as the introduction of the Corporations (Q) Act 1900 (Q) Reprint No 3 had created a Corporate Govt, this effectively meant all Crown land “ownership” was now under the control of the Qld Corporation, known as the Brigalow Corp.
15. All Crown land, assets and infrastructure in Australia including schools, hospitals, roads, etc are subject to and responsible to the Ministers of the State of QLD as cited at Chapter III of the QLD Constitution 2001.
16. All Sovereign People are now persons under the Corporation, All persons are chattel ( a piece of property that is moveable).
17. Their land, bank accounts and all items of ownership are now assets under the Brigalow Corporation.
18. The Supreme Court, the District Courts and the Magistrate’s Courts are now inside the Parliament of the State of QLD, and as such must obey the QLD Constitution 2001.
19. The Australian Constitution, the Common Law & Equity, the High Court and the Federal Government no longer have any superior governance over the State of QLD.
20. The State of QLD and the Sovereign People of QLD have only Civil and Statute Law in this state.
21. As private ownership can not exist under Civil and Statute Law, all private equity and inheritance in the State is now the property of “the State”.
LEGAL STRUCTURE
1. 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.
2. 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
3. This states that the Governor in Council may make rules of court under this act for the Supreme Court, District court, Magistrates Court, registries and other matters mentioned in Schedule 1
4. Schedule 1 has jurisdiction over the civil, criminal and appellate courts, Parties & Proceedings, Defence, Service of Documents, Pleadings, Disclosure, Preservation of Rights & Property, Ending Proceedings Early, Court Supervision, Evidence, Jurisdiction of Judicial Registrars, Trails & Other Hearings, Particular Proceedings, probate, Contempt of Court, Vexatious Proceedings, Trusts, Costs, Appeals etc, Money Orders Enforcement, Foreign Judgment Enforcements, Corporations, Miscellaneous.
5. Therefore the Governor in Council now makes all the Rules of the Court for these matters.
6. The Queensland Constitution 2001 Chapters 1 & 2 refer to the Legislative Assembly and the Governor. In Chapter 3, Part 1, sect 27 – “The Governor in Council is the Governor acting with the advice of Executive Council.”
7. Sect 30 – “The Constitution Act 1867 contains provisions about the office of Governor. At Chapter 3, Part 4, sect 48, those “appointed as members…by the Governor…..”
8. This Executive council is given separate law makings Powers of the State at Chapter 3, Part 5, Sect 51, where is states, the Executive Government of the State of QLD (the “State) = The State may exercise its powers……
9. In Chapter 3, Part 5, Sect 55 (1) – “A minister may delegate a power of the State to an appropriately qualified officer of the State.” (“officer of the state” means – a chief executive………………….)
10. Therefore the Premier of QLD must always be the leader of the Executive Body and is now the Executive Leader of the Parliament of QLD.
11. Simply put – the Premier is delegated the power through his role as Chief Executive. This power controls the Executive Government of QLD. The Governor acts on the advice of the Executive Government.
12. Therefore the Premier is now the “Crown” in Queensland.
QUEENSLAND GOVERNMENT ADMINISTRATION
1. All government tiers, including Local Council are now inside the Parliament of the State of QLD.
2. The public officials are not public officials of “the Crown” but public officials of “the State” of QLD
THE PEOPLE OF THE COMMONWEALTH
1. The British colonies in Australia were all independent, under military law.
2. In 1885, the independent states had interstate agreements for trade, etc under the Federal Councils of Australasia Act 1855.
3. As free settlers began to grow, the People decided to unite under 1 form of government.
4. 10 years of conventions and referendums culminated in the Draft Constitution of the People which went to England for ratification.
5. On July 9 1900, Queen Victoria signed the amended draft Constitution and returned it to Australia.
6. At this point a final referendum was required to acquire the agreement of the people to this amended Constitution.
7. This was not done, the heads of each independent colony instead agreed FOR AND ON BEHALF of the People.
8. The Commonwealth of Australia Constitution Act 1900 (UK) was the result, brought into Australian law on 1 January 1901.
9. The first 8 clauses are British law.
10. The Commonwealth of Australia Constitution starts at clause 9.
11. The Constitution lays out the rules and regulations under which Parliament may administer government to the People.
12. There are no entities known as a Prime Minister or a Premier to be found in the Act to Constitute the Commonwealth of Australia 1900 (UK).
13. As the Preamble states, the People agreed to be united under one indissoluble Commonwealth.
14. Therefore the people are the Commonwealth.
15. The Commonwealth is defined in the Constitution as a State.
16. Therefore the People of the Commonwealth are their “own” state.
17. Section 117 states, verbatim, that the People governed by the Queen (of the Constitution), and members of a state (of the Commonwealth), cannot have their rights removed by another state (that perhaps being the state they physically live in), WITHOUT
18. Section 128 – A REFERENDUM
19. There has been no Referendum of the Sovereign People to approve any of these moves. This means they are Ultra vires, an act beyond the powers or authority of the government.
It appears that the Commonwealth of Australia Constitution Act (UK) 1900, ratified on 1 January 1901 is an act of the heads of the independent colonies of the Australian dominion, which means that the Constitution of the People is still a draft document.
As the people had formally agreed to this document, all state and federal government in Australia are in fact, a foreign entity to the rights of the people of the Commonwealth.
As our land ownership is a Deed in Trust and Equity with the Queen of the Commonwealth of Australia Constitution (UK) 1900, a foreign government has no lawful right to step inside that Deed and remove rights inherent in it.
In order to do so, government have created registration processes that manipulate our agreement. They have also created a new jurisdiction known as the Environment, with which they have enslaved the People as a plural, thereby creating legislation which enforces the People as an individual.
However, they have not asked our permission to create the form of government under which they now legislate OVER the People.
The Removal of all Ownership Rights in QLD & all other states of Australia.
GOVERNOR OF QUEENSLAND
1. Queensland Constitution 1867 was reframed with 114 Changes, 131 Additions and 116 Deletions.
2. January 1998, QLD National Party documented a move to place the QLD Governor in the Government as a Parliamentary Secretary under the QLD Constitution 1867 / Constitution (Parliamentary Secretaries) Act ©The State of QLD 1996.
3. This became official January 29 1999, the same day the QLD Constitution 1867 was reprinted.
4. Thus the Governor was no longer a sworn representative of Her Majesty Queen Elizabeth II, but a Public Servant of the QLD Government.
5. He was still using the Public Seal of the State on behalf of the Premier and Parliament of QLD and maintained the appearance of the Governor to the Sovereign People of the State.
CROWN IN QUEENSLAND (& AUSTRALIA)
1. In 1973, Gough Whitlam brought in the Queen of Australia through the adoption of the Royal & Parliamentary Titles Act 1927
2. This removed Queen Elizabeth II, Her Heirs and Assigns as enshrined in the Commonwealth of Australian Constitution Act (UK) 1900 and replaced the Crown with the Queen of Australia.
3. On the 19 December 1973, the Whitlam Government also removed the Great Seal of Britain from use and replaced it with the Great Seal of Australia.
4. In 1986, Bob Hawke brought in the Australia Act.
5. This is the Constitution of the new Parliament of Australia.
6. This is not the Commonwealth of Australia Constitution 1900 of the People.
7. This act removed the ability of the UK Parliament to make laws for Australia, making Britain a foreign country. This was defined by the High Court in the case Sue v Hill 1999.
THE BRIGALOW CORPORATION & PRIVATE LAND OWNERSHIP
1. During the early 1990’s all important and relevant Acts were changed and framed, but were adjourned without a definite date of reprinting.
2. On 3 December 2001, the Queensland Constitution 2001 came into being.
3. On this day, this ACT became the “Fundamental Law of QLD”.
4. 7 June 2002, all the framed Acts were reprinted and became law.
5. 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.
6. 15 July 2002, The Corporations (Q) Act 1990 (Q) Reprint No 3 created in QLD a Corporate Government.
The State of Queensland Australia is registered with the US Securities and Exchange Commissions under No. 0001244818.
7. The Queensland Treasury Corp is registered under No. 0000852555.
8. The old crowns lands act (Qld) was converted to the Land Act 1994 (Qld), and at section 4(1) the Land Administration Commission was renamed Brigalow Corporation.
9. The Land Act 1994 – Reprint No 10c, Part 7A, Section 506C states that the Corporation (Brigalow Corp) represents the Crown.
10. Culminating in the Beattie Govt introduction of the QLD Constitution 2001, QLD government administrations had reworked backward every piece of Federal and state legislation, removing any connection to and mention of Her Majesty Queen Elizabeth II, British law and the Royal Seal of England.
11. These acts were then reworked forward, replacing the removed elements with the Queen of Australia (as created by the Whitlam Govt in 1973) and the Great Seal of both Australia and QLD.
12. This means that the legislation contained in those acts are now “governed” by the government of those Seals, not the government of the Commonwealth of Australia Constitution 1900.
13. The Australia Waste Lands Act 1855 was reprinted in 1996 under the Seal of QLD, and because the Queen of Australia was also now sealed with the Seal of QLD, this effectively created a QLD “ownership” of all Crown land in Australia.
14. And as the introduction of the Corporations (Q) Act 1900 (Q) Reprint No 3 had created a Corporate Govt, this effectively meant all Crown land “ownership” was now under the control of the Qld Corporation, known as the Brigalow Corp.
15. All Crown land, assets and infrastructure in Australia including schools, hospitals, roads, etc are subject to and responsible to the Ministers of the State of QLD as cited at Chapter III of the QLD Constitution 2001.
16. All Sovereign People are now persons under the Corporation, All persons are chattel ( a piece of property that is moveable).
17. Their land, bank accounts and all items of ownership are now assets under the Brigalow Corporation.
18. The Supreme Court, the District Courts and the Magistrate’s Courts are now inside the Parliament of the State of QLD, and as such must obey the QLD Constitution 2001.
19. The Australian Constitution, the Common Law & Equity, the High Court and the Federal Government no longer have any superior governance over the State of QLD.
20. The State of QLD and the Sovereign People of QLD have only Civil and Statute Law in this state.
21. As private ownership can not exist under Civil and Statute Law, all private equity and inheritance in the State is now the property of “the State”.
LEGAL STRUCTURE
1. 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.
2. 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
3. This states that the Governor in Council may make rules of court under this act for the Supreme Court, District court, Magistrates Court, registries and other matters mentioned in Schedule 1
4. Schedule 1 has jurisdiction over the civil, criminal and appellate courts, Parties & Proceedings, Defence, Service of Documents, Pleadings, Disclosure, Preservation of Rights & Property, Ending Proceedings Early, Court Supervision, Evidence, Jurisdiction of Judicial Registrars, Trails & Other Hearings, Particular Proceedings, probate, Contempt of Court, Vexatious Proceedings, Trusts, Costs, Appeals etc, Money Orders Enforcement, Foreign Judgment Enforcements, Corporations, Miscellaneous.
5. Therefore the Governor in Council now makes all the Rules of the Court for these matters.
6. The Queensland Constitution 2001 Chapters 1 & 2 refer to the Legislative Assembly and the Governor. In Chapter 3, Part 1, sect 27 – “The Governor in Council is the Governor acting with the advice of Executive Council.”
7. Sect 30 – “The Constitution Act 1867 contains provisions about the office of Governor. At Chapter 3, Part 4, sect 48, those “appointed as members…by the Governor…..”
8. This Executive council is given separate law makings Powers of the State at Chapter 3, Part 5, Sect 51, where is states, the Executive Government of the State of QLD (the “State) = The State may exercise its powers……
9. In Chapter 3, Part 5, Sect 55 (1) – “A minister may delegate a power of the State to an appropriately qualified officer of the State.” (“officer of the state” means – a chief executive………………….)
10. Therefore the Premier of QLD must always be the leader of the Executive Body and is now the Executive Leader of the Parliament of QLD.
11. Simply put – the Premier is delegated the power through his role as Chief Executive. This power controls the Executive Government of QLD. The Governor acts on the advice of the Executive Government.
12. Therefore the Premier is now the “Crown” in Queensland.
QUEENSLAND GOVERNMENT ADMINISTRATION
1. All government tiers, including Local Council are now inside the Parliament of the State of QLD.
2. The public officials are not public officials of “the Crown” but public officials of “the State” of QLD
THE PEOPLE OF THE COMMONWEALTH
1. The British colonies in Australia were all independent, under military law.
2. In 1885, the independent states had interstate agreements for trade, etc under the Federal Councils of Australasia Act 1855.
3. As free settlers began to grow, the People decided to unite under 1 form of government.
4. 10 years of conventions and referendums culminated in the Draft Constitution of the People which went to England for ratification.
5. On July 9 1900, Queen Victoria signed the amended draft Constitution and returned it to Australia.
6. At this point a final referendum was required to acquire the agreement of the people to this amended Constitution.
7. This was not done, the heads of each independent colony instead agreed FOR AND ON BEHALF of the People.
8. The Commonwealth of Australia Constitution Act 1900 (UK) was the result, brought into Australian law on 1 January 1901.
9. The first 8 clauses are British law.
10. The Commonwealth of Australia Constitution starts at clause 9.
11. The Constitution lays out the rules and regulations under which Parliament may administer government to the People.
12. There are no entities known as a Prime Minister or a Premier to be found in the Act to Constitute the Commonwealth of Australia 1900 (UK).
13. As the Preamble states, the People agreed to be united under one indissoluble Commonwealth.
14. Therefore the people are the Commonwealth.
15. The Commonwealth is defined in the Constitution as a State.
16. Therefore the People of the Commonwealth are their “own” state.
17. Section 117 states, verbatim, that the People governed by the Queen (of the Constitution), and members of a state (of the Commonwealth), cannot have their rights removed by another state (that perhaps being the state they physically live in), WITHOUT
18. Section 128 – A REFERENDUM
19. There has been no Referendum of the Sovereign People to approve any of these moves. This means they are Ultra vires, an act beyond the powers or authority of the government.
It appears that the Commonwealth of Australia Constitution Act (UK) 1900, ratified on 1 January 1901 is an act of the heads of the independent colonies of the Australian dominion, which means that the Constitution of the People is still a draft document.
As the people had formally agreed to this document, all state and federal government in Australia are in fact, a foreign entity to the rights of the people of the Commonwealth.
As our land ownership is a Deed in Trust and Equity with the Queen of the Commonwealth of Australia Constitution (UK) 1900, a foreign government has no lawful right to step inside that Deed and remove rights inherent in it.
In order to do so, government have created registration processes that manipulate our agreement. They have also created a new jurisdiction known as the Environment, with which they have enslaved the People as a plural, thereby creating legislation which enforces the People as an individual.
However, they have not asked our permission to create the form of government under which they now legislate OVER the People.
Commonwealth Public Letters of Support to the High Court
February 4 2010 amendment - THANK YOU TO EVERYONE WHO HAS SUPPORTED THIS MATTER WITH LETTERS AND DONATIONS.
PLEASE DO NOT SEND ANY MORE LETTERS.
Although this matter is focused on QLD, this state is the key to the growing problems in all other states of Australia. All governments are following the "lead" of Queensland.
And the assets being sold in QLD are not assets of the QLDers, but of the People of the Commonwealth. Therefore we the People of the state of the Commonwealth ALSO had to give permission to both take and sell the assets.
So, we are also asking the people of the Commonwealth to sign the following letter and return it to us as soon as possible.
Fax to (07) 4096 2641
The cost of High Court cases are massive, please donate $165 (incl GST) per family OR $110 (incl GST) per individual.
Either as a postal order, a cheque or into the following account Envirowild Pty Ltd
NAB
BSB: 084 512
Account No: 79847 1759
Name ………………...…………………………………………………….
Residential Address ……..………………………………………………………………..
………………………………………………………………………
Postal Address ………………………...…………………………………………….
………………………………………………………………………
I am a person as described in the Preamble and at Section 117, subject to Section 128
of the Commonwealth of Australia Constitution Act 1901 proclaimed 1st January 1901,
which was the Commonwealth of Australia Constitution Act 1900 (UK).
I, along with all the other sovereign people inside the Constitution as in its Preamble, am an equal shareholder of all the assets of the Commonwealth of Australia, those assets being currently held under the Corporations Act 2001 (C’wth).
I, as a citizen of the Commonwealth of Australia, have never been presented with any referendum subject to the Commonwealth of Australia Constitution Act, to allow Queensland to become a Sovereign State.
I, as a citizen of the Commonwealth of Australia, have never been presented with any referendum subject to the Commonwealth of Australia Constitution Act, to allow my assets to pass from those held by the Commonwealth, to any corporation in Queensland.
I hereby support the Demand for Information from The Honourable Anna Bligh MP Premier of the State of Queensland as requested by Mr David John Walter on 1st December 2009.
If this matter is to be put before the High Court, I request that the High Court accept this as my application to join in the application for a writ to be put to The Honourable Anna Bligh MP Premier of the State of Queensland, as no referendum has been placed before me in these matters by my elected Members of the body politic thereby failing to respect and uphold the trust I placed in them by my vote.
I also request that the High Court allow further time for acceptance of any other sovereign person of the Commonwealth of Australia to join in this action after its initial lodgement.
……………………………………… ………………………………………
(Printed Full Name) (Signature)
Signed this ………………..……..….…….. day of ………….…..……….….…….. 20…..
PLEASE DO NOT SEND ANY MORE LETTERS.
Although this matter is focused on QLD, this state is the key to the growing problems in all other states of Australia. All governments are following the "lead" of Queensland.
And the assets being sold in QLD are not assets of the QLDers, but of the People of the Commonwealth. Therefore we the People of the state of the Commonwealth ALSO had to give permission to both take and sell the assets.
So, we are also asking the people of the Commonwealth to sign the following letter and return it to us as soon as possible.
Fax to (07) 4096 2641
The cost of High Court cases are massive, please donate $165 (incl GST) per family OR $110 (incl GST) per individual.
Either as a postal order, a cheque or into the following account Envirowild Pty Ltd
NAB
BSB: 084 512
Account No: 79847 1759
Name ………………...…………………………………………………….
Residential Address ……..………………………………………………………………..
………………………………………………………………………
Postal Address ………………………...…………………………………………….
………………………………………………………………………
I am a person as described in the Preamble and at Section 117, subject to Section 128
of the Commonwealth of Australia Constitution Act 1901 proclaimed 1st January 1901,
which was the Commonwealth of Australia Constitution Act 1900 (UK).
I, along with all the other sovereign people inside the Constitution as in its Preamble, am an equal shareholder of all the assets of the Commonwealth of Australia, those assets being currently held under the Corporations Act 2001 (C’wth).
I, as a citizen of the Commonwealth of Australia, have never been presented with any referendum subject to the Commonwealth of Australia Constitution Act, to allow Queensland to become a Sovereign State.
I, as a citizen of the Commonwealth of Australia, have never been presented with any referendum subject to the Commonwealth of Australia Constitution Act, to allow my assets to pass from those held by the Commonwealth, to any corporation in Queensland.
I hereby support the Demand for Information from The Honourable Anna Bligh MP Premier of the State of Queensland as requested by Mr David John Walter on 1st December 2009.
If this matter is to be put before the High Court, I request that the High Court accept this as my application to join in the application for a writ to be put to The Honourable Anna Bligh MP Premier of the State of Queensland, as no referendum has been placed before me in these matters by my elected Members of the body politic thereby failing to respect and uphold the trust I placed in them by my vote.
I also request that the High Court allow further time for acceptance of any other sovereign person of the Commonwealth of Australia to join in this action after its initial lodgement.
……………………………………… ………………………………………
(Printed Full Name) (Signature)
Signed this ………………..……..….…….. day of ………….…..……….….…….. 20…..
QLD Public Letters of Support to the High Court
February 4 2010 - THANK YOU TO EVERYONE WHO SUPPORTED THIS MATTER WITH LETTERS AND DONATIONS.
PLEASE DO NOT SEND ANY MORE LETTERS.
The EnviroWild Team is asking for support with our lodgement in the High Court in January, asking the Justices to ask the Premier of QLD to answer the Demand Questions.
Following is the letter we are asking the People of QLD to sign and return to us.
Fax to (07) 4096 2641
The cost of High Court cases are massive, please donate $165 (incl GST) per family OR $110 (incl GST) per individual.
Either as a postal order, a cheque or into the following account Envirowild Pty Ltd
NAB
BSB: 084 512 Account No: 79847 1759
Name ………………...…………………………………………………….
Residential Address ……..………………………………………………………………..
………………………………………………………………………
Postal Address ………………………...…………………………………………….
………………………………………………………………………
I am a sovereign person and an entity inside the
Commonwealth of Australia Constitution Act 1900 (UK) of 9th July 1900 and the
Commonwealth of Australia Constitution Act 1901 proclaimed on the 1st January 1901.
I, along with all the other sovereign people inside the Constitution as in its Preamble, am an equal shareholder of all the assets of the Commonwealth of Australia, those assets being currently held under the Corporations Act 2001 (C’wth).
I hereby support the Demand for Information from The Honourable Anna Bligh MP Premier of the State of Queensland by Mr David John Walter on 1st December 2009.
If this information has not been supplied to Mr David John Walter by close of business on 31st December 2009, I wish to be named in the application for a prerogative writ of mandamus, that The Honourable Anna Bligh MP Premier of the State of Queensland, presents the information requested by Mr David John Walter on 1st December 2009, at a date of mention to the full High Court, subject to Chapter III of the Commonwealth of Australia Constitution Act at Sections 75(5), 76(2) and 80.
On the day of mention to the full High Court, if the information is still not forthcoming, a further request will be made by Mr David John Walter for a further writ.
I have not been informed by any elected representative of the body politic of either Queensland or the Commonwealth of Australia, as to changes to Queensland’s Constitution Act 1867, subject to Section 53, to alter the position of that Constitution.
I have not been requested by the subjects of the Commonwealth of Australia Constitution Act under Sections 117 to 128, to vote as to whether to allow Queensland, as a State of the Commonwealth of Australia subject to the Commonwealth of Australia Constitution Act 1900 (UK) and the Commonwealth of Australia Constitution Act 1901, to become a Sovereign State, to vote as to whether Queensland may use the assets of the sovereign people under the Corporations Act 2001 (C’wth), and to vote as to whether Queensland’s legislature should not comply with section 109 of the Commonwealth of Australia Constitution Act 1900 (UK) and the Commonwealth of Australia Constitution Act 1901.
If this matter is to be put before the High Court, I also request that the High Court accept this as my application to join in the application for a prerogative writ of mandamus to be put to The Honourable Anna Bligh MP Premier of the State of Queensland, as no referendum has been placed before me in these matters by my elected Members of the body politic thereby failing to respect and uphold the trust I placed in them by my vote.
I also request that the High Court allow further time for acceptance of any other sovereign person of the Commonwealth of Australia to join in this action after its initial lodgement.
……………………………………… ………………………………………
(Printed Full Name) (Signature)
Signed this ………………..……..….…….. day of ………….…..……….….…….. 20…..
PLEASE DO NOT SEND ANY MORE LETTERS.
The EnviroWild Team is asking for support with our lodgement in the High Court in January, asking the Justices to ask the Premier of QLD to answer the Demand Questions.
Following is the letter we are asking the People of QLD to sign and return to us.
Fax to (07) 4096 2641
The cost of High Court cases are massive, please donate $165 (incl GST) per family OR $110 (incl GST) per individual.
Either as a postal order, a cheque or into the following account Envirowild Pty Ltd
NAB
BSB: 084 512 Account No: 79847 1759
Name ………………...…………………………………………………….
Residential Address ……..………………………………………………………………..
………………………………………………………………………
Postal Address ………………………...…………………………………………….
………………………………………………………………………
I am a sovereign person and an entity inside the
Commonwealth of Australia Constitution Act 1900 (UK) of 9th July 1900 and the
Commonwealth of Australia Constitution Act 1901 proclaimed on the 1st January 1901.
I, along with all the other sovereign people inside the Constitution as in its Preamble, am an equal shareholder of all the assets of the Commonwealth of Australia, those assets being currently held under the Corporations Act 2001 (C’wth).
I hereby support the Demand for Information from The Honourable Anna Bligh MP Premier of the State of Queensland by Mr David John Walter on 1st December 2009.
If this information has not been supplied to Mr David John Walter by close of business on 31st December 2009, I wish to be named in the application for a prerogative writ of mandamus, that The Honourable Anna Bligh MP Premier of the State of Queensland, presents the information requested by Mr David John Walter on 1st December 2009, at a date of mention to the full High Court, subject to Chapter III of the Commonwealth of Australia Constitution Act at Sections 75(5), 76(2) and 80.
On the day of mention to the full High Court, if the information is still not forthcoming, a further request will be made by Mr David John Walter for a further writ.
I have not been informed by any elected representative of the body politic of either Queensland or the Commonwealth of Australia, as to changes to Queensland’s Constitution Act 1867, subject to Section 53, to alter the position of that Constitution.
I have not been requested by the subjects of the Commonwealth of Australia Constitution Act under Sections 117 to 128, to vote as to whether to allow Queensland, as a State of the Commonwealth of Australia subject to the Commonwealth of Australia Constitution Act 1900 (UK) and the Commonwealth of Australia Constitution Act 1901, to become a Sovereign State, to vote as to whether Queensland may use the assets of the sovereign people under the Corporations Act 2001 (C’wth), and to vote as to whether Queensland’s legislature should not comply with section 109 of the Commonwealth of Australia Constitution Act 1900 (UK) and the Commonwealth of Australia Constitution Act 1901.
If this matter is to be put before the High Court, I also request that the High Court accept this as my application to join in the application for a prerogative writ of mandamus to be put to The Honourable Anna Bligh MP Premier of the State of Queensland, as no referendum has been placed before me in these matters by my elected Members of the body politic thereby failing to respect and uphold the trust I placed in them by my vote.
I also request that the High Court allow further time for acceptance of any other sovereign person of the Commonwealth of Australia to join in this action after its initial lodgement.
……………………………………… ………………………………………
(Printed Full Name) (Signature)
Signed this ………………..……..….…….. day of ………….…..……….….…….. 20…..
Thursday, January 7, 2010
Reply from Anna Bligh, Premier of QLD
The office of Anna Bligh replied to the Demand letter one day before the 21 days were up.
We were not provided with any referendum details whatsoever and the letter replied from the perspective of the Qld Constitution 2001 and not the Commonwealth of Australia Constitution Act 1900.
You will also note that the letter states that the Governor's role is mandated by the QLD Constitution 2001, when rightfully, the governor is an entity of the 1900 Constitution under the Royal Seal. The QLD Constitution 2001, is of course sealed under the Seal of QLD (as was this letter), indicating that the Governor now answers to the acts emanating from the government of that Seal.
This now moves to the High Court, who, next week, will be asked to ask the Qld Premier the same questions.
The reply from the office of Anna Bligh, Premier of QLD.....................
Transcript of the reply............
Office of the Premier
Executive Building
100 George St Brisbane
PO Box 15185 City East
Queensland 4002 Australia
Telephone +61 7 3334 4500
Facsimile +61 7 3221 3631
Email ThePremier@premiers.qld.gov.au
Website http://www.thepremier.qld.gov.au/
For reply please quote CALS/DS - TF/09/34138 - DOC/09/143649
17 DEC 2009
Mr David Walter
Envirowild Pty Ltd
PO Box 578
HERBERTON QLD 4887
Dear Mr Walter,
Thank you for your letter of 1 December 2009 concerning consitutional matters. I have been asked to reply to you on the Premier's behalf.
You have alleged that the Queensland Government has moved to remove the Crown from Queensland legislation and alter the Office of the Governor. I can assure you that the Queensland government has taken no such action.
The role of the Governor in Queensland is clearly mandated by Part 2 of the Constitution of Queensland 2001. The Governor is Her Majesty's representative in Queensland and holds office during Her Majesty's pleasure. The Governor gives Royal Assent to Bills passed by the Parliament, may summon and dissolve Parliament, appoints all ministers and may issue writs and grant pardons.
While Section 128 of the Constitution of the Commonwealth of Australia provides that a referendum is required to alter any part of the Commonwealth Constitution, Queensland's Constitution is different.
As Queensland's constitutional laws are ordinary Acts of our Parliament, they can be changed by passing other ordinary Acts of Parliament. The Constitution of Queensland Act 2001 is an Act of the Queensland Parliament which primarily brings together the constitutional provisions of other Acts of the Queensland Parliament into one Act which can be referred to as our Constitution.
Any provisions of Queensland's Constitution Acts which were entrenched (that is required a referendum to change) have not been changed, and remain in force.
The provisions which remain in their original Acts include:
We were not provided with any referendum details whatsoever and the letter replied from the perspective of the Qld Constitution 2001 and not the Commonwealth of Australia Constitution Act 1900.
You will also note that the letter states that the Governor's role is mandated by the QLD Constitution 2001, when rightfully, the governor is an entity of the 1900 Constitution under the Royal Seal. The QLD Constitution 2001, is of course sealed under the Seal of QLD (as was this letter), indicating that the Governor now answers to the acts emanating from the government of that Seal.
This now moves to the High Court, who, next week, will be asked to ask the Qld Premier the same questions.
The reply from the office of Anna Bligh, Premier of QLD.....................
Transcript of the reply............
Office of the Premier
Executive Building
100 George St Brisbane
PO Box 15185 City East
Queensland 4002 Australia
Telephone +61 7 3334 4500
Facsimile +61 7 3221 3631
Email ThePremier@premiers.qld.gov.au
Website http://www.thepremier.qld.gov.au/
For reply please quote CALS/DS - TF/09/34138 - DOC/09/143649
17 DEC 2009
Mr David Walter
Envirowild Pty Ltd
PO Box 578
HERBERTON QLD 4887
Dear Mr Walter,
Thank you for your letter of 1 December 2009 concerning consitutional matters. I have been asked to reply to you on the Premier's behalf.
You have alleged that the Queensland Government has moved to remove the Crown from Queensland legislation and alter the Office of the Governor. I can assure you that the Queensland government has taken no such action.
The role of the Governor in Queensland is clearly mandated by Part 2 of the Constitution of Queensland 2001. The Governor is Her Majesty's representative in Queensland and holds office during Her Majesty's pleasure. The Governor gives Royal Assent to Bills passed by the Parliament, may summon and dissolve Parliament, appoints all ministers and may issue writs and grant pardons.
While Section 128 of the Constitution of the Commonwealth of Australia provides that a referendum is required to alter any part of the Commonwealth Constitution, Queensland's Constitution is different.
As Queensland's constitutional laws are ordinary Acts of our Parliament, they can be changed by passing other ordinary Acts of Parliament. The Constitution of Queensland Act 2001 is an Act of the Queensland Parliament which primarily brings together the constitutional provisions of other Acts of the Queensland Parliament into one Act which can be referred to as our Constitution.
Any provisions of Queensland's Constitution Acts which were entrenched (that is required a referendum to change) have not been changed, and remain in force.
The provisions which remain in their original Acts include:
- the establishment and legislative power of the Parliament of Queensland
- the duration of the Parliament, and
- matters relating to the office of the Governor.
Please be assured that the Queensland Government is committed to the ongoing governance of Queensland.
I trust this information has been of assistance to you.
Yours sincerely,
Jessica Collins
Policy Adviser
Demand Request for Anna Bligh, Premier of QLD
What is happening in QLD is the primer for the removal of all property rights in the other states of Australia.
By effectively removing themselves from the 1900 Constitution in 1923, yet maintaining the appearance of being part of the Commonwealth in order to continue to accept money from consolidated revenue, the QLD govt have become a "foreign government" in Australia.
As Mr Rudd and the Governor-General Quentin Bryce both come from this independent state, Australia is now a "colony" of QLD, the government of which has claimed the land of the Crown of the 1900 Constitution and placed it under the Crown know as the Executive Government of QLD.
On December 2 2009, David John Walter sent Anna Bligh the following letter...............................
The Honourable Anna Bligh MP
Premier of the State of Queensland
Parliament House
Brisbane Qld 4000
RE: DEMAND FOR INFORMATION FROM THE HONOURABLE ANNA BLIGH MP PREMIER OF THE STATE OF QUEENSLAND
1. I, David John Walter,
am a sovereign person under the Commonwealth of Australia Constitution Act 1900 (UK)
(reference Chapter 12 of 63 and 64 Victoria of 9th July 1900 AD) and under the Commonwealth of Australia Constitution Act 1901 proclaimed on 1st January 1901,
am an equal shareholder, along with all the other sovereign persons under the above-mentioned Constitution of all the assets of the Commonwealth of Australia inter alia with the Corporations Act 2001 (C’wth),
am a citizen of the indissoluble Federal Commonwealth, the Commonwealth of Australia, under the Crown of the United Kingdom of Great Britain and Ireland,
am a loyal subject of Her Majesty The Queen, Elizabeth II, Her Heirs and Successors,
and am a resident in the Commonwealth of Australia’s State of Queensland
at xxxxxxxxxxxxxxxxxxxxxxxxxx.
2. I hereby place before you a Demand for Information with regard to the following:-
Demand for Information
from
The Honourable Anna Bligh MP Premier of the State of Queensland
requested by
David J. Walter
2.1. Full results of the referendum to progressively remove the constitutional Crown from legislation in Queensland.
(Refer: Section 53 Queensland’s Constitution Act 1867)
2.2. Full results of the referendum to progressively alter the position of the office of the Crown’s representative in Queensland, the Governor of Queensland.
(Refer: Section 53 Queensland’s Constitution Act 1867)
2.3. Full results of the referendum to progressively pass to the corporate Queensland Government, the assets of the sovereign people of Commonwealth of Australia.
(Refer: Sections 117-128 of the
Commonwealth of Australia Constitution Act 1901)
2.4. Full list and details of transfer of those assets.
2.5. Full results of the referendum to progressively remove entrenched sections of Queensland’s Constitution Act 1867.
(Refer: Section 53 Queensland’s Constitution Act 1867)
2.6. Full results of the referendum to remove Queensland from the Commonwealth.
(Refer: Section 53 Queensland’s Constitution Act 1867 and Sections 117-128 of the
Commonwealth of Australia Constitution Act 1901)
3. The citizens of the Commonwealth of Australia have the right to a referendum under Section 128 of the Commonwealth of Australia Constitution Act 1901, before any attempt to alter this Constitution may be made.
4. The citizens of the Commonwealth of Australia who are also residents in the Commonwealth of Australia’s State of Queensland have the right to a referendum under Section 53 ofQueensland’s Constitution Act 1867, extract from which states:- “A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—sections 1, 2, 2A, 11A, 11B, 14; and this section 53 shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.”
5. The Parliament of Queensland Act 2001 and its Constitution of Queensland 2001 have removed entrenched sections of Queensland’s Constitution Act 1867 by removing the Separation of Powers, by placing members of the executive government, the premier and cabinet ministers, inside the current Parliament in Queensland, by altering the positions of judges of the Supreme and District Courts, the positions of Ministers of the Crown, and the position of Governor, the Crown’s representative, to positions of office holders inside that Parliament, and by changing Members of the Legislative Assembly (MLA) to Members of Parliament (MP), all contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901.
6. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, Her Majesty’s Police Force as people once knew it and which protected the Crown and its people, has been changed to the Queensland Police Service which now protects only the Queensland Government owned corporations and has therefore become a security agency for these corporations but has no lawful Crown authority over us, the sovereign people.
7. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, the ownership of property which includes freehold land as people once knew it has been changed, with the corporate Queensland Government taking an unregistered interest in property and land, by placing its corporate seal on people’s property and certificates of title, thereby taking joint ownership of that property and land, but without the owners’ consent.
8. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, The Treasury, under its corporate seal, borrows money on the people’s and Crown’s assets and deals at will with that money with no accountability to the people.
9. I require this information to be forwarded to me within 21 working days from the date below.
…………………………………………..
(David J. Walter)1st December 2009
By effectively removing themselves from the 1900 Constitution in 1923, yet maintaining the appearance of being part of the Commonwealth in order to continue to accept money from consolidated revenue, the QLD govt have become a "foreign government" in Australia.
As Mr Rudd and the Governor-General Quentin Bryce both come from this independent state, Australia is now a "colony" of QLD, the government of which has claimed the land of the Crown of the 1900 Constitution and placed it under the Crown know as the Executive Government of QLD.
On December 2 2009, David John Walter sent Anna Bligh the following letter...............................
The Honourable Anna Bligh MP
Premier of the State of Queensland
Parliament House
Brisbane Qld 4000
RE: DEMAND FOR INFORMATION FROM THE HONOURABLE ANNA BLIGH MP PREMIER OF THE STATE OF QUEENSLAND
1. I, David John Walter,
am a sovereign person under the Commonwealth of Australia Constitution Act 1900 (UK)
(reference Chapter 12 of 63 and 64 Victoria of 9th July 1900 AD) and under the Commonwealth of Australia Constitution Act 1901 proclaimed on 1st January 1901,
am an equal shareholder, along with all the other sovereign persons under the above-mentioned Constitution of all the assets of the Commonwealth of Australia inter alia with the Corporations Act 2001 (C’wth),
am a citizen of the indissoluble Federal Commonwealth, the Commonwealth of Australia, under the Crown of the United Kingdom of Great Britain and Ireland,
am a loyal subject of Her Majesty The Queen, Elizabeth II, Her Heirs and Successors,
and am a resident in the Commonwealth of Australia’s State of Queensland
at xxxxxxxxxxxxxxxxxxxxxxxxxx.
2. I hereby place before you a Demand for Information with regard to the following:-
Demand for Information
from
The Honourable Anna Bligh MP Premier of the State of Queensland
requested by
David J. Walter
2.1. Full results of the referendum to progressively remove the constitutional Crown from legislation in Queensland.
(Refer: Section 53 Queensland’s Constitution Act 1867)
2.2. Full results of the referendum to progressively alter the position of the office of the Crown’s representative in Queensland, the Governor of Queensland.
(Refer: Section 53 Queensland’s Constitution Act 1867)
2.3. Full results of the referendum to progressively pass to the corporate Queensland Government, the assets of the sovereign people of Commonwealth of Australia.
(Refer: Sections 117-128 of the
Commonwealth of Australia Constitution Act 1901)
2.4. Full list and details of transfer of those assets.
2.5. Full results of the referendum to progressively remove entrenched sections of Queensland’s Constitution Act 1867.
(Refer: Section 53 Queensland’s Constitution Act 1867)
2.6. Full results of the referendum to remove Queensland from the Commonwealth.
(Refer: Section 53 Queensland’s Constitution Act 1867 and Sections 117-128 of the
Commonwealth of Australia Constitution Act 1901)
3. The citizens of the Commonwealth of Australia have the right to a referendum under Section 128 of the Commonwealth of Australia Constitution Act 1901, before any attempt to alter this Constitution may be made.
4. The citizens of the Commonwealth of Australia who are also residents in the Commonwealth of Australia’s State of Queensland have the right to a referendum under Section 53 ofQueensland’s Constitution Act 1867, extract from which states:- “A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—sections 1, 2, 2A, 11A, 11B, 14; and this section 53 shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.”
5. The Parliament of Queensland Act 2001 and its Constitution of Queensland 2001 have removed entrenched sections of Queensland’s Constitution Act 1867 by removing the Separation of Powers, by placing members of the executive government, the premier and cabinet ministers, inside the current Parliament in Queensland, by altering the positions of judges of the Supreme and District Courts, the positions of Ministers of the Crown, and the position of Governor, the Crown’s representative, to positions of office holders inside that Parliament, and by changing Members of the Legislative Assembly (MLA) to Members of Parliament (MP), all contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901.
6. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, Her Majesty’s Police Force as people once knew it and which protected the Crown and its people, has been changed to the Queensland Police Service which now protects only the Queensland Government owned corporations and has therefore become a security agency for these corporations but has no lawful Crown authority over us, the sovereign people.
7. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, the ownership of property which includes freehold land as people once knew it has been changed, with the corporate Queensland Government taking an unregistered interest in property and land, by placing its corporate seal on people’s property and certificates of title, thereby taking joint ownership of that property and land, but without the owners’ consent.
8. Also contra to Section 53 of Queensland’s Constitution Act 1867 and Sections 117-128 of the Commonwealth of Australia Constitution Act 1901, with this demise of the Crown, The Treasury, under its corporate seal, borrows money on the people’s and Crown’s assets and deals at will with that money with no accountability to the people.
9. I require this information to be forwarded to me within 21 working days from the date below.
…………………………………………..
(David J. Walter)1st December 2009
Doubts About the Validity of the Constitution of the Government 1901
The West Coast of Australia had been discovered by Dirk Hartog, a Dutch explorer.
The East Coast by Captain Cook.
Subsequently the east coast was colonised as penal colonies, and eventually those colonies broke away to form independent colonies.
SA was included but founded by private settlers.
SA went all the way through to the top of Australia and included what is now the Northern Territory.
Due to the Dutch claim over WA, private settlers moved there, but the English Crown had no claim of right on the land, so to go to the settler’s aid with military forces may have been seen as a act of aggression by the Dutch.
So, prior to Federation each state except WA operated as an Independent Colony under the dominion of Great Britain.
In 1855 the administration of several independent colonies created the Federal Council of Australasia.
This agreement was for trade purposes between the states.
During the late half of the 1800’s the people of all colonies, except WA, indicated that they would be in agreement to forming a Federation – joining the states together under one common government.
10 years of conventions and referendums followed, until a draft Constitution was finally created and sent to England for ratification by the Parliament and the Queen.
This draft had several changes made to it by the British Parliament.
In the meantime, the People of WA had asked to be included.
So, when Queen Victoria signed the Commonwealth of Australia Constitution Act (UK) on 9 July 1900, she signed pending the approval of the People of the eastern states giving permission for WA to be included and for their final approval of the changes in the Constitution that was being returned to Australia.
Now, for anyone to understand the Constitution, which is a clear and extraordinary document, they must remember that the first 8 chapters are British law.
The Constitution stands at chapter 9.
They must also understand that this is an agreement of the PEOPLE, not government.
The Commonwealth is the People, so when we talk about the Commonwealth of Australia, we are referring to the People (united) of Australia.
In that draft constitution, the PEOPLE agreed to unite and agreed to have the assets of the Crown administered by Parliament and public servants.
The PEOPLE were to be subject to criminal law for crimes against other people.
The parliament’s only task was to administer and protect the assets of the Crown.
The Queen guaranteed to pay those public servants out of her pocket, the People funding her pocket through their taxes.
Quite simple.
So, when this document returned to Australia, the leaders of those independent colonies were in a pickle.
The Boer War was looming, which meant that Australia, as a troop & financial supporter of the British side, could be attacked by the Dutch using WA as a base.
The preparation for the Federation had taken 10 years, and it was likely that to approve the changes could take as long.
So, the framing fathers decided to approve the new Constitution FOR and ON BEHALF of the People.
They pledged an oath of honour to govern under it, that oath being held by the High Court.
And they did, for many years.
However, the fact remained that the Constitution brought into power by the Governor-General on 1 January 1901, was NOT APPROVED AT REFERENDUM by the People, but was essentially a constitution between the British Parliament and the Australian Independent Colony’s administration heads.
[To put this very simply, a bowling club gets set up.
The assets of that club belong to the members, it is run for the convenience of the members, and they appoint a body to administer the assets and the overall health of the club.
The body has a leader, who is no more or less than a person from the membership taking on a role for a period of time.
The staff of the club are paid from the funds held under the body’s administration.
That money coming from the members.
The staff are charged with obeying the instructions coming from the membership via the body. The head of the body can not sell an asset without prior approval of the membership.
Or make a new ruling, or appoint new staff.
He and the body must always answer to the membership.
Nor can he go to a members private home and remove an asset of the member, just because he is a member.
Nor can he start a new form of club without the permission of the members.
The structure of the Parliament of the 1900 Constitution is no different.]
In 1917, the People of QLD were asked in a referendum to allow the removal of the parliamentary upper house.
They refused, yet in 1923 the QLD parliament removed it.
The Constitution has what is called Manner and Form – that being the proper and lawful arrangement under which the government entities must operate.
To breach Manner and Form causes that government to step outside the Constitution.
This is what QLD did and from that time on, QLD began to operate outside the Constitutional structure.
In 1927, the British Parliament amended the Royal Styles and Titles Act, changing the Monarch’s title from a single Crowned head to a multiple crown.
Suddenly, it was possible for every dominion to either operate under King George of Great Britain, Ireland and his dominions OR under King George of Canada or of Fiji, or of NZ or whatever.
This fractured the Empire & as our ownership rights are held by the Empire Monarch, it put those in jeopardy.
However, the Australian govt did not bring this act into Australian law until Gough Whitlam took power in 1973.
At this time, by ratifying the Queen of Australia, he created a new government.
And that government had the Crown in the form of the Queen of Australia inside its acts, thereby claiming the Crown for themselves.
We became, in all but name, a Republic at that time.
The Australia Act of 1986, being the Constitution of the new Republican government.
Now, remember the original Constitution was to bring all the independent states into a united structure.
In effect, each state has returned to its independent status, but as republics completely separated from British law, which is why such ancient protections as the Magna Carta, the Bill of Rights 1689 etc are totally absent from current courts.
The new version of the Federal Council of Australasia 1855, is COAG.
Each state is now in a position to ignore the High Court, which is a court of the 1901 British/ Australian Constitution, and can not rule over the independent colonies, hence the decision in Fazzolari v Parramatta City Council for the land owner, and the NSW govt just makes a new piece of legislation giving the council back the right to remove private land.
These independent governments do not operate under laws, but under statutory legislation.
A law, once ratified, cannot be changed without a due process, legislation can be amended daily.
Where is the protection of the People?
Believe it or not, it is still in the Constitution. P
art of the way that this return to independent states has been created is because under the 1901 Govt Constitution, the states retained their ability to make their own laws as long as those laws did not breach the rights of a person in another state.
What they have overlooked is that the Commonwealth is another state.
And remember the people are the Commonwealth.
Therefore, while a person may physically reside in the state of NSW, they are first and foremost a person of the Commonwealth state.
So every law of NSW that removes the rights of a person under the state of the Commonwealth is repugnant (in breach).
S 117 of the Constitution, states that a subject of the Queen (not the Queen of Australia, but of the original constitution), residing in a state (see above) shall not be subject in any other state to any disability or discrimination which would not be equally applicable to him if her were a subject of the Queen resident in such other state.
WITHOUT!!!!!....... S 128 a referendum to gain his or her approval for that disability or discrimination to apply to him or her.
At all times the People must be asked for their approval – and they clearly are not any more.
All federal and state governments in Australia are, in effect and to the rights of the People, a foreign power.
Back to land – we own our land in a contract of trust & equity with Her Majesty Queen Elizabeth II, her Heirs and Assigns – the Crown of the Constitution.
In the contract for that sale, it states that we own the land completely removed from any government interference or claims UNLESS they pay us for it!!!
That being Just Terms compensation.
However, this is the trick.
That Compensation is only guaranteed by the Federal govt of the govt 1901 Constitution.
The states, now operating as independent republics, never made that same agreement.
We must also understand that when Gough Whitlam entered power he set up a Royal Commission into Land Tenures.
The document that came from that, which is mentioned on the internet, but cannot be found on it, came to the conclusion that it would be preferable for govt to buy back land from private owners, but as they could not afford it, the next step was to remove all rights of land use, so as to render the value of the land worthless.
This meant they could acquire it for a song. (I have a copy of that if anyone wants it.)
When the High Court ruled in the Tasmania Dams case in 1983, that government could remove any and elements of land ownership AS LONG as the owner kept his deeds, they were telling the truth from the perspective of the new government under the Australia Act & the Queen of Australia.
However, they neglected to tell the People that their land was not under that act, but under the protection of the Crown as defined in the Commonwealth of Australia Act (UK) 1900.
We needs to stand our ground as a person of the Commonwealth of Australia Act (UK) 1900, under s 117 & s 128.
WE, the PEOPLE of the state known as the Commonwealth, NEVER GAVE OUR PERMISSION TO HAVE OUR OWNERSHIP RIGHTS REMOVED BY A FOREIGN GOVERNMENT.
So where are the people to be found?
In the 1800's the people were governed by military rule, in penal colonies.
The moment the People agreed to the draft Constitution, they stepped INSIDE that structure.
Although that document was not agreed to at a referendum of the People, in order to approve its adoption as the ruling law over the Federation, it still exists.
So the ratification in 1901 of the Commonwealth of Australia Act 1900, by the heads of the independent colonies, does not change the fact that the people are still waiting for their opportunity at a referendum.
Therefore, (to my thoughts), the people are OUTSIDE of both the 1901 govt approved Constitution, and certainly OUTSIDE of this foreign government, all of which are in place without approval.
My thoughts are that the govt can ONLY gain our approval through means such as registration processes, which would explain why every element of trade involves being registered, having certification, licencing, etc.
Again, I would state, our protection is in the strength of s117 and s128.
We, the People, are subjects of the Queen of the 1900 Constitution, who approved the Constitution on the 9 July 1900 PENDING OUR APPROVAL (remember she owns the land on which govt govern and recognizes our right first and foremost) - and we are residents of our own state, that being the Commonwealth. With permission to refuse to allow the govts of the "independent colonies" to remove OUR RIGHTS WITHOUT OUR PERMISSION.
The East Coast by Captain Cook.
Subsequently the east coast was colonised as penal colonies, and eventually those colonies broke away to form independent colonies.
SA was included but founded by private settlers.
SA went all the way through to the top of Australia and included what is now the Northern Territory.
Due to the Dutch claim over WA, private settlers moved there, but the English Crown had no claim of right on the land, so to go to the settler’s aid with military forces may have been seen as a act of aggression by the Dutch.
So, prior to Federation each state except WA operated as an Independent Colony under the dominion of Great Britain.
In 1855 the administration of several independent colonies created the Federal Council of Australasia.
This agreement was for trade purposes between the states.
During the late half of the 1800’s the people of all colonies, except WA, indicated that they would be in agreement to forming a Federation – joining the states together under one common government.
10 years of conventions and referendums followed, until a draft Constitution was finally created and sent to England for ratification by the Parliament and the Queen.
This draft had several changes made to it by the British Parliament.
In the meantime, the People of WA had asked to be included.
So, when Queen Victoria signed the Commonwealth of Australia Constitution Act (UK) on 9 July 1900, she signed pending the approval of the People of the eastern states giving permission for WA to be included and for their final approval of the changes in the Constitution that was being returned to Australia.
Now, for anyone to understand the Constitution, which is a clear and extraordinary document, they must remember that the first 8 chapters are British law.
The Constitution stands at chapter 9.
They must also understand that this is an agreement of the PEOPLE, not government.
The Commonwealth is the People, so when we talk about the Commonwealth of Australia, we are referring to the People (united) of Australia.
In that draft constitution, the PEOPLE agreed to unite and agreed to have the assets of the Crown administered by Parliament and public servants.
The PEOPLE were to be subject to criminal law for crimes against other people.
The parliament’s only task was to administer and protect the assets of the Crown.
The Queen guaranteed to pay those public servants out of her pocket, the People funding her pocket through their taxes.
Quite simple.
So, when this document returned to Australia, the leaders of those independent colonies were in a pickle.
The Boer War was looming, which meant that Australia, as a troop & financial supporter of the British side, could be attacked by the Dutch using WA as a base.
The preparation for the Federation had taken 10 years, and it was likely that to approve the changes could take as long.
So, the framing fathers decided to approve the new Constitution FOR and ON BEHALF of the People.
They pledged an oath of honour to govern under it, that oath being held by the High Court.
And they did, for many years.
However, the fact remained that the Constitution brought into power by the Governor-General on 1 January 1901, was NOT APPROVED AT REFERENDUM by the People, but was essentially a constitution between the British Parliament and the Australian Independent Colony’s administration heads.
[To put this very simply, a bowling club gets set up.
The assets of that club belong to the members, it is run for the convenience of the members, and they appoint a body to administer the assets and the overall health of the club.
The body has a leader, who is no more or less than a person from the membership taking on a role for a period of time.
The staff of the club are paid from the funds held under the body’s administration.
That money coming from the members.
The staff are charged with obeying the instructions coming from the membership via the body. The head of the body can not sell an asset without prior approval of the membership.
Or make a new ruling, or appoint new staff.
He and the body must always answer to the membership.
Nor can he go to a members private home and remove an asset of the member, just because he is a member.
Nor can he start a new form of club without the permission of the members.
The structure of the Parliament of the 1900 Constitution is no different.]
In 1917, the People of QLD were asked in a referendum to allow the removal of the parliamentary upper house.
They refused, yet in 1923 the QLD parliament removed it.
The Constitution has what is called Manner and Form – that being the proper and lawful arrangement under which the government entities must operate.
To breach Manner and Form causes that government to step outside the Constitution.
This is what QLD did and from that time on, QLD began to operate outside the Constitutional structure.
In 1927, the British Parliament amended the Royal Styles and Titles Act, changing the Monarch’s title from a single Crowned head to a multiple crown.
Suddenly, it was possible for every dominion to either operate under King George of Great Britain, Ireland and his dominions OR under King George of Canada or of Fiji, or of NZ or whatever.
This fractured the Empire & as our ownership rights are held by the Empire Monarch, it put those in jeopardy.
However, the Australian govt did not bring this act into Australian law until Gough Whitlam took power in 1973.
At this time, by ratifying the Queen of Australia, he created a new government.
And that government had the Crown in the form of the Queen of Australia inside its acts, thereby claiming the Crown for themselves.
We became, in all but name, a Republic at that time.
The Australia Act of 1986, being the Constitution of the new Republican government.
Now, remember the original Constitution was to bring all the independent states into a united structure.
In effect, each state has returned to its independent status, but as republics completely separated from British law, which is why such ancient protections as the Magna Carta, the Bill of Rights 1689 etc are totally absent from current courts.
The new version of the Federal Council of Australasia 1855, is COAG.
Each state is now in a position to ignore the High Court, which is a court of the 1901 British/ Australian Constitution, and can not rule over the independent colonies, hence the decision in Fazzolari v Parramatta City Council for the land owner, and the NSW govt just makes a new piece of legislation giving the council back the right to remove private land.
These independent governments do not operate under laws, but under statutory legislation.
A law, once ratified, cannot be changed without a due process, legislation can be amended daily.
Where is the protection of the People?
Believe it or not, it is still in the Constitution. P
art of the way that this return to independent states has been created is because under the 1901 Govt Constitution, the states retained their ability to make their own laws as long as those laws did not breach the rights of a person in another state.
What they have overlooked is that the Commonwealth is another state.
And remember the people are the Commonwealth.
Therefore, while a person may physically reside in the state of NSW, they are first and foremost a person of the Commonwealth state.
So every law of NSW that removes the rights of a person under the state of the Commonwealth is repugnant (in breach).
S 117 of the Constitution, states that a subject of the Queen (not the Queen of Australia, but of the original constitution), residing in a state (see above) shall not be subject in any other state to any disability or discrimination which would not be equally applicable to him if her were a subject of the Queen resident in such other state.
WITHOUT!!!!!....... S 128 a referendum to gain his or her approval for that disability or discrimination to apply to him or her.
At all times the People must be asked for their approval – and they clearly are not any more.
All federal and state governments in Australia are, in effect and to the rights of the People, a foreign power.
Back to land – we own our land in a contract of trust & equity with Her Majesty Queen Elizabeth II, her Heirs and Assigns – the Crown of the Constitution.
In the contract for that sale, it states that we own the land completely removed from any government interference or claims UNLESS they pay us for it!!!
That being Just Terms compensation.
However, this is the trick.
That Compensation is only guaranteed by the Federal govt of the govt 1901 Constitution.
The states, now operating as independent republics, never made that same agreement.
We must also understand that when Gough Whitlam entered power he set up a Royal Commission into Land Tenures.
The document that came from that, which is mentioned on the internet, but cannot be found on it, came to the conclusion that it would be preferable for govt to buy back land from private owners, but as they could not afford it, the next step was to remove all rights of land use, so as to render the value of the land worthless.
This meant they could acquire it for a song. (I have a copy of that if anyone wants it.)
When the High Court ruled in the Tasmania Dams case in 1983, that government could remove any and elements of land ownership AS LONG as the owner kept his deeds, they were telling the truth from the perspective of the new government under the Australia Act & the Queen of Australia.
However, they neglected to tell the People that their land was not under that act, but under the protection of the Crown as defined in the Commonwealth of Australia Act (UK) 1900.
We needs to stand our ground as a person of the Commonwealth of Australia Act (UK) 1900, under s 117 & s 128.
WE, the PEOPLE of the state known as the Commonwealth, NEVER GAVE OUR PERMISSION TO HAVE OUR OWNERSHIP RIGHTS REMOVED BY A FOREIGN GOVERNMENT.
So where are the people to be found?
In the 1800's the people were governed by military rule, in penal colonies.
The moment the People agreed to the draft Constitution, they stepped INSIDE that structure.
Although that document was not agreed to at a referendum of the People, in order to approve its adoption as the ruling law over the Federation, it still exists.
So the ratification in 1901 of the Commonwealth of Australia Act 1900, by the heads of the independent colonies, does not change the fact that the people are still waiting for their opportunity at a referendum.
Therefore, (to my thoughts), the people are OUTSIDE of both the 1901 govt approved Constitution, and certainly OUTSIDE of this foreign government, all of which are in place without approval.
My thoughts are that the govt can ONLY gain our approval through means such as registration processes, which would explain why every element of trade involves being registered, having certification, licencing, etc.
Again, I would state, our protection is in the strength of s117 and s128.
We, the People, are subjects of the Queen of the 1900 Constitution, who approved the Constitution on the 9 July 1900 PENDING OUR APPROVAL (remember she owns the land on which govt govern and recognizes our right first and foremost) - and we are residents of our own state, that being the Commonwealth. With permission to refuse to allow the govts of the "independent colonies" to remove OUR RIGHTS WITHOUT OUR PERMISSION.
Wednesday, January 6, 2010
People of the Commonwealth
The People of the Commonwealth of Australia Constitution 1900
Justice M D Kirby stated in a 1997 oration:“Monarchical government tends to be strong and centralised – formerly in the person of the sovereign but now in whoever the Parliament elects to govern.”
In Kirmani v Captain Cook Cruises P/L, Justice Lionel Murphy said:“The authority for the Australian Constitution then and now is its acceptance by the Australian people.”
Law schools well into the 60’s and later, taught that the historical origins of the Australian Constitution, and they alone, gave that document its legal authority.
Chief Justice Mason in the Aust Capital Television case observed:“The Australia Act 1986 (UK) marked the end of the legal sovereignty of the Imperial Parliament and recognised that ultimate sovereignty resided in the Aust people.”
Justice McHugh in McGinty v WA said:“The political and legal sovereignty of Aust now resides in the people of Australia.”
Justice Toohey in the Public Law Review 1993 stated:“Where the people of Australia, in adopting a Constitution, conferred power upon a Commonwealth Parliament, it is to be presumed that they did not intend that those grants of power extend to invasion of fundamental common law liberties.”
Justice Cooke in Fraser v State Service Commission said:“This is perhaps a reminder that it is arguable that some common law rights may go so deep that even Parliament cannot be accepted by the Court to have destroyed them.”
People, Person, Persons, Citizen, Individual
In the Commonwealth of Australia Act (UK) 1900, the word People is found 25 times; Person 24; Persons 6; Individual 0 times; Citizen in s44 only.
What do these words legally mean?
To determine that in Australian law we first go to the Acts Interpretation Act 1901 , which is the "dictionary of meaning" for all words used in Australian legislation.
If the word is not found in there, then we take the meaning from a legal dictionary, in this case Blacks Law Dictionary #1 1891
People - (from Blacks): a state, as in the people of the state of the Commonwealth
Person - (from AIA 1901): includes a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
(from Blacks): Persons are divided by law into natural and artificial. Natural persons are such as the God of nature formed us; artificial are such as are created and devised by human laws, for the purposes of society and government, which are called "corporations" or "body politics."
Persons - (from AIA 1901): expressions used to denote persons generally (such as " person ", "party", "someone", "anyone", "no‑one", "one", "another" and "whoever"), include a body politic or corporate as well as an individual;
Citizen - (In English law from Blacks): An inhabitant of a city. The representative of a city, in parliament. When it is designed to designate an inhabitant of the country, or one amenable to the laws of the nation, “subject” is there employed.
Individual - (from AIA 1901): means a natural person.
(from Blacks): 'natural' is that which cannot be separated.
Individualism regards man—every man—as an independent, sovereign entity who possesses an inalienable right to his own life, a right derived from his nature as a rational being. Individualism holds that a civilized society, or any form of association, cooperation or peaceful coexistence among men, can be achieved only on the basis of the recognition of individual rights—and that a group, as such, has no rights other than the individual rights of its members. Ann Rand http://aynrandlexicon.com/lexicon/individualism.html
The legal meaning of People does not show in Aust legislation until the EPBC Act 1999 - http://www.austlii.edu.au/au/legis/cth/consol_act/epabca1999588/s528 Definitions that "environment" includes: (a) ecosystems and their constituent parts, including people and communities
The word citizen is only used in the 1900 Constitution at s44, and appears to indicate that only a subject can hold office under this Constitution, being that a subject is an entity owing allegiance to that Crown and governed by its laws (common law), while a citizen does not, but owes allegiance to a foreign power (government).
Of course, where a foreign individual makes the choice to become a naturalized citizen under the 1900 Constitutional structure, they are then subject to the Crown and able to stand for office.
This was the focus of Sue v Hill & Anor 1999 http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html
So, a Person / Persons / People / Citizen are artificial words for an Entity.
An Individual is a natural, flesh and blood, thinking, feeling man or woman.
Now, the Commonwealth of Australia Constitution Act 1900 is an act OVER the entities of persons. You will find no reference to an individual, because an act cannot govern over an individual. And the act only refers to person / persons.
Therefore because our entity status, both singular and plural (person/s) was contained in the 1900 const, govt could not rule over that entity without permission, so they created a new entity for the new jurisdiction of environment - that being people.
It is our thought that all new restrictions are not over the person/s of the 1900 constitution, or over the individual (living, breathing) but over the people under the environmental jurisdiction.
In effect, you are being "protected" from yourself.
However, again, there was no agreement of the people to be re-created as another entity.
State of the Commonwealth
A state is not a physical land mass, but a political entity.
So, we have the state of the commonwealth, being the people.
The state of the Federal Parliament, being the Parliamentary structure as defined in the 1900 Constitution.
The state's of NSW, Vic, etc, being the Parliamentary structure governing the assets of that state on behalf of the owner of the land, Queen Elizabeth II, her heirs and assigns.
Our Protection
As a subject of the Queen comes your ownership of land and your common law protection. Which defines what we know is our protection.)
Section 117 - as a subject of the Queen, and a resident of the state (of the Commonwealth), I shall not be subject in any other State (being NSW, VIC, etc) to any disability of discrimination which would not be equally applicable to me if I were a subject of the Queen in such other State.
WITHOUT
Section 128 - my agreement at referendum.
[Disability: The want of legal ability or capacity to exercise legal rights, either special or ordinary, or to do certain acts with proper legal effect, or to enjoy certain privileges or powers of free action. At the present day, disability is generally used to indicate an incapacity for the full enjoyment of ordinary legal rights.
Discrimination: to show a difference in treatment]
So, the States (NSW, etc) cannot make different laws in opposition or that remove my rights as a person of the Commonwealth (state) and a subject of the Crown, who holds my protection of ownership and personal rights.
Each State can make different parliamentary laws for the purpose of maintaining the assets of the Crown, but I am not an asset and that is their only Constitution 1900 area of jurisdiction.
So, as an individual I have the right to a religion of my choice, to thoughts, etc of my choice, because they are the only rights of pure and unconstricted ownership I can claim individually.
To participate in private ownership makes me a subject of the Crown and therefore subject to her protection under Common Law.
To my understanding, to be a member of the People of the Commonwealth, means I step into an entity role for the purpose of creating a stable community/society in which I can live peacefully as a subject of the Crown, and privately on my land or in my home as an individual.
However, we may interpret these words, our protection is in our agreement.
If we as an individual have not agreed, how then can we as an individual be enforced into a contract?
If we as a People have not agreed at Referendum, how then can the People be enforced into a contract?
Justice M D Kirby stated in a 1997 oration:“Monarchical government tends to be strong and centralised – formerly in the person of the sovereign but now in whoever the Parliament elects to govern.”
In Kirmani v Captain Cook Cruises P/L, Justice Lionel Murphy said:“The authority for the Australian Constitution then and now is its acceptance by the Australian people.”
Law schools well into the 60’s and later, taught that the historical origins of the Australian Constitution, and they alone, gave that document its legal authority.
Chief Justice Mason in the Aust Capital Television case observed:“The Australia Act 1986 (UK) marked the end of the legal sovereignty of the Imperial Parliament and recognised that ultimate sovereignty resided in the Aust people.”
Justice McHugh in McGinty v WA said:“The political and legal sovereignty of Aust now resides in the people of Australia.”
Justice Toohey in the Public Law Review 1993 stated:“Where the people of Australia, in adopting a Constitution, conferred power upon a Commonwealth Parliament, it is to be presumed that they did not intend that those grants of power extend to invasion of fundamental common law liberties.”
Justice Cooke in Fraser v State Service Commission said:“This is perhaps a reminder that it is arguable that some common law rights may go so deep that even Parliament cannot be accepted by the Court to have destroyed them.”
People, Person, Persons, Citizen, Individual
In the Commonwealth of Australia Act (UK) 1900, the word People is found 25 times; Person 24; Persons 6; Individual 0 times; Citizen in s44 only.
What do these words legally mean?
To determine that in Australian law we first go to the Acts Interpretation Act 1901 , which is the "dictionary of meaning" for all words used in Australian legislation.
If the word is not found in there, then we take the meaning from a legal dictionary, in this case Blacks Law Dictionary #1 1891
People - (from Blacks): a state, as in the people of the state of the Commonwealth
Person - (from AIA 1901): includes a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
(from Blacks): Persons are divided by law into natural and artificial. Natural persons are such as the God of nature formed us; artificial are such as are created and devised by human laws, for the purposes of society and government, which are called "corporations" or "body politics."
Persons - (from AIA 1901): expressions used to denote persons generally (such as " person ", "party", "someone", "anyone", "no‑one", "one", "another" and "whoever"), include a body politic or corporate as well as an individual;
Citizen - (In English law from Blacks): An inhabitant of a city. The representative of a city, in parliament. When it is designed to designate an inhabitant of the country, or one amenable to the laws of the nation, “subject” is there employed.
Individual - (from AIA 1901): means a natural person.
(from Blacks): 'natural' is that which cannot be separated.
Individualism regards man—every man—as an independent, sovereign entity who possesses an inalienable right to his own life, a right derived from his nature as a rational being. Individualism holds that a civilized society, or any form of association, cooperation or peaceful coexistence among men, can be achieved only on the basis of the recognition of individual rights—and that a group, as such, has no rights other than the individual rights of its members. Ann Rand http://aynrandlexicon.com/lexicon/individualism.html
The legal meaning of People does not show in Aust legislation until the EPBC Act 1999 - http://www.austlii.edu.au/au/legis/cth/consol_act/epabca1999588/s528 Definitions that "environment" includes: (a) ecosystems and their constituent parts, including people and communities
The word citizen is only used in the 1900 Constitution at s44, and appears to indicate that only a subject can hold office under this Constitution, being that a subject is an entity owing allegiance to that Crown and governed by its laws (common law), while a citizen does not, but owes allegiance to a foreign power (government).
Of course, where a foreign individual makes the choice to become a naturalized citizen under the 1900 Constitutional structure, they are then subject to the Crown and able to stand for office.
This was the focus of Sue v Hill & Anor 1999 http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html
So, a Person / Persons / People / Citizen are artificial words for an Entity.
An Individual is a natural, flesh and blood, thinking, feeling man or woman.
Now, the Commonwealth of Australia Constitution Act 1900 is an act OVER the entities of persons. You will find no reference to an individual, because an act cannot govern over an individual. And the act only refers to person / persons.
Therefore because our entity status, both singular and plural (person/s) was contained in the 1900 const, govt could not rule over that entity without permission, so they created a new entity for the new jurisdiction of environment - that being people.
It is our thought that all new restrictions are not over the person/s of the 1900 constitution, or over the individual (living, breathing) but over the people under the environmental jurisdiction.
In effect, you are being "protected" from yourself.
However, again, there was no agreement of the people to be re-created as another entity.
State of the Commonwealth
A state is not a physical land mass, but a political entity.
So, we have the state of the commonwealth, being the people.
The state of the Federal Parliament, being the Parliamentary structure as defined in the 1900 Constitution.
The state's of NSW, Vic, etc, being the Parliamentary structure governing the assets of that state on behalf of the owner of the land, Queen Elizabeth II, her heirs and assigns.
Our Protection
As a subject of the Queen comes your ownership of land and your common law protection. Which defines what we know is our protection.)
Section 117 - as a subject of the Queen, and a resident of the state (of the Commonwealth), I shall not be subject in any other State (being NSW, VIC, etc) to any disability of discrimination which would not be equally applicable to me if I were a subject of the Queen in such other State.
WITHOUT
Section 128 - my agreement at referendum.
[Disability: The want of legal ability or capacity to exercise legal rights, either special or ordinary, or to do certain acts with proper legal effect, or to enjoy certain privileges or powers of free action. At the present day, disability is generally used to indicate an incapacity for the full enjoyment of ordinary legal rights.
Discrimination: to show a difference in treatment]
So, the States (NSW, etc) cannot make different laws in opposition or that remove my rights as a person of the Commonwealth (state) and a subject of the Crown, who holds my protection of ownership and personal rights.
Each State can make different parliamentary laws for the purpose of maintaining the assets of the Crown, but I am not an asset and that is their only Constitution 1900 area of jurisdiction.
So, as an individual I have the right to a religion of my choice, to thoughts, etc of my choice, because they are the only rights of pure and unconstricted ownership I can claim individually.
To participate in private ownership makes me a subject of the Crown and therefore subject to her protection under Common Law.
To my understanding, to be a member of the People of the Commonwealth, means I step into an entity role for the purpose of creating a stable community/society in which I can live peacefully as a subject of the Crown, and privately on my land or in my home as an individual.
However, we may interpret these words, our protection is in our agreement.
If we as an individual have not agreed, how then can we as an individual be enforced into a contract?
If we as a People have not agreed at Referendum, how then can the People be enforced into a contract?
COAG, Corporations and the New Government
COAG – Council of Australian Government
In May 1992, COAG was established to debate and co-ordinate government activities between the Federal, state and local governments.
It is the peak intergovernmental forum in Australia.
COAG is the "modern" restoration of the 1855 Federal Council of Australasia, wherein the independent colonies had a trade agreement.
Members are not voted in by the people.
They are the Prime Minister, the Premiers of each state and territory and the President of the Australian Local Government Association.
Some activities have included a review of Government Services.
Reform packages for early childhood
Nation building and jobs partnerships
Intergovernmental agreements on Federal Financial Relations
Bushfire inquiry
Economic Implications of an ageing Australia
National Water Initiative
Foot and Mouth Disease
Corporations & Government
Subsequently all states who have turned corporate in their own right, are outside the Commonwealth of Australia Constitution Act 1900 (UK) and inside the Australia Act and can reprint all acts back to statutory legislation.
This allows the Australia Act to be the definitive constitution for a republic in all but name.
According to Law Alert, during the last week – 1 week only, the following 76 act & bills were brought in to be discussed, amended and passed
ACT: 8 including Rates & Land Taxes
Cth: 30 including Water Appropriation & Federal Magistrate Courts Amendments
NSW: 3 including Criminal Assets Recovery
QLD: 2 including Constitution Preamble Amendment
SA: 7 including Constitution Appointments
TAS: 5 including Police Offences Amendment
VIC: 13 including Local govt Act, Planning Legislation, water Amendment
WA: 8 including Mining, Environment, Crown Land & Planning Amendments
All together for 2009, the Federal and State Parliaments have passed or amended 2,313 new Bills, Acts and Regulations.
All are statutory laws of the new corporations protected by the Queen of Australia, sealed to the Great Seal of Australia and/the State Seals & inside the Australia Act 1986.
In May 1992, COAG was established to debate and co-ordinate government activities between the Federal, state and local governments.
It is the peak intergovernmental forum in Australia.
COAG is the "modern" restoration of the 1855 Federal Council of Australasia, wherein the independent colonies had a trade agreement.
Members are not voted in by the people.
They are the Prime Minister, the Premiers of each state and territory and the President of the Australian Local Government Association.
Some activities have included a review of Government Services.
Reform packages for early childhood
Nation building and jobs partnerships
Intergovernmental agreements on Federal Financial Relations
Bushfire inquiry
Economic Implications of an ageing Australia
National Water Initiative
Foot and Mouth Disease
Corporations & Government
Subsequently all states who have turned corporate in their own right, are outside the Commonwealth of Australia Constitution Act 1900 (UK) and inside the Australia Act and can reprint all acts back to statutory legislation.
This allows the Australia Act to be the definitive constitution for a republic in all but name.
According to Law Alert, during the last week – 1 week only, the following 76 act & bills were brought in to be discussed, amended and passed
ACT: 8 including Rates & Land Taxes
Cth: 30 including Water Appropriation & Federal Magistrate Courts Amendments
NSW: 3 including Criminal Assets Recovery
QLD: 2 including Constitution Preamble Amendment
SA: 7 including Constitution Appointments
TAS: 5 including Police Offences Amendment
VIC: 13 including Local govt Act, Planning Legislation, water Amendment
WA: 8 including Mining, Environment, Crown Land & Planning Amendments
All together for 2009, the Federal and State Parliaments have passed or amended 2,313 new Bills, Acts and Regulations.
All are statutory laws of the new corporations protected by the Queen of Australia, sealed to the Great Seal of Australia and/the State Seals & inside the Australia Act 1986.
WA and QLD and the 1900 Constitution
Queensland
In 1917, the Queensland government put a referendum to the people, asking them to remove the Legislative Council (Senate).
The people refused and the government went ahead and removed it.
This fractured the manner and form of the Australian Constitution and with that Queensland stepped out of the Constitution.
In the time since then, culminating in the QLD Constitution 2001, successive QLD government have gradually prepared the laws and the public service until today finds QLD without common law in any court, with a dictatorial executive government that ignores the wishes of the people, and enforces its own legislation over the rights of the people.
To do this successive Parliaments gradually repealed, back in time, every law that has ever been in existence that mentions a British law, including the American Bill of Independence.
These changed acts would be presented to parliament and using s15da of the Acts Interpretation Act, after 2 years they jump up and became valid to the new parliament.
Then if there were no requests to examine these acts, after 7 years they would be reprinted. Hence the big differences in the dates legislation came into effect.
If necessary, the QLD parliament would create another act to fill a gap.
Over that progressive period, the QLD Parliament have reprinted all necessary acts, and amended others until they now operate effectively under both the QLD Constitution 1867 and the QLD Constitution 2001.
All acts are all sealed to the power of the crown of Mr Whitlam – the Queen of Australia, rather than the crown of the Commonwealth of Australia Constitution Act 1900 (UK).
Beattie, in the second reading of the QLD Constitution 2001, stated, “It is so simple, they’ll never work it out.”
Western Australia
When the Constitution was passed by the British Parliament, WA had yet to endorse their inclusion.
The WA Parliament convened to consider an Enabling Bill for a referendum. This was assented to on 13 June 1900.
On 31 July 1900, a WA referendum carried their people’s agreement for the Act.
Queen Victoria had signed the Constitutional Act on 9 July 1900.
A separate proclamation had to be issued after the WA referendum to set the date for Federation – 1 January 1901.
In 1933, 68% of WA voters voted to have WA leave the Commonwealth and return to the British Empire as an autonomous territory. However, the British Government refused to intervene and no action was taken.
In WA, during 1 week in November 2009, over 50 acts were reprinted.
In 1917, the Queensland government put a referendum to the people, asking them to remove the Legislative Council (Senate).
The people refused and the government went ahead and removed it.
This fractured the manner and form of the Australian Constitution and with that Queensland stepped out of the Constitution.
In the time since then, culminating in the QLD Constitution 2001, successive QLD government have gradually prepared the laws and the public service until today finds QLD without common law in any court, with a dictatorial executive government that ignores the wishes of the people, and enforces its own legislation over the rights of the people.
To do this successive Parliaments gradually repealed, back in time, every law that has ever been in existence that mentions a British law, including the American Bill of Independence.
These changed acts would be presented to parliament and using s15da of the Acts Interpretation Act, after 2 years they jump up and became valid to the new parliament.
Then if there were no requests to examine these acts, after 7 years they would be reprinted. Hence the big differences in the dates legislation came into effect.
If necessary, the QLD parliament would create another act to fill a gap.
Over that progressive period, the QLD Parliament have reprinted all necessary acts, and amended others until they now operate effectively under both the QLD Constitution 1867 and the QLD Constitution 2001.
All acts are all sealed to the power of the crown of Mr Whitlam – the Queen of Australia, rather than the crown of the Commonwealth of Australia Constitution Act 1900 (UK).
Beattie, in the second reading of the QLD Constitution 2001, stated, “It is so simple, they’ll never work it out.”
Western Australia
When the Constitution was passed by the British Parliament, WA had yet to endorse their inclusion.
The WA Parliament convened to consider an Enabling Bill for a referendum. This was assented to on 13 June 1900.
On 31 July 1900, a WA referendum carried their people’s agreement for the Act.
Queen Victoria had signed the Constitutional Act on 9 July 1900.
A separate proclamation had to be issued after the WA referendum to set the date for Federation – 1 January 1901.
In 1933, 68% of WA voters voted to have WA leave the Commonwealth and return to the British Empire as an autonomous territory. However, the British Government refused to intervene and no action was taken.
In WA, during 1 week in November 2009, over 50 acts were reprinted.
Government Creation of a new Constitution
Balfour Declaration 1926
This Declaration accepted the growing political and diplomatic independence of the Dominions, in the years after WWI.
It also recommended that the governors-general, the representatives of the King who acted for the Crown as de facto head of state in each dominion, should no longer also serve automatically as the representative of the British government in diplomatic relations between the countries.
In following years, High Commissioners were gradually appointed, whose duties were soon recognised to be virtually identical to those of an ambassador.
Labor PM James Scullin, acted within its precepts and insisted on picking the new Governor-General rather than taking the person chosen by King GeorgeV. George was forced to agree by the Imperial Conference 1930.
Royal & Parliamentary Titles Act 1927
This act modified the King’s title, proclaiming that he was no longer King of the United Kingdom of Great Britain & Ireland & of the British Dominions, but rather of Great Britain, Ireland and the British Dominions.
This meant that the unified Crown that had been the centre point of the Empire was replaced by multiple crowns worn by a “shared monarch.”
Before 1927, King George V reigned as King in Australia, NZ, Canada and etc, with them all being dominions of the United Kingdom. After 1927, he reigned as King of Australia and etc.
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Great Seal of Australia & the Queen of Australia
This Declaration accepted the growing political and diplomatic independence of the Dominions, in the years after WWI.
It also recommended that the governors-general, the representatives of the King who acted for the Crown as de facto head of state in each dominion, should no longer also serve automatically as the representative of the British government in diplomatic relations between the countries.
In following years, High Commissioners were gradually appointed, whose duties were soon recognised to be virtually identical to those of an ambassador.
Labor PM James Scullin, acted within its precepts and insisted on picking the new Governor-General rather than taking the person chosen by King GeorgeV. George was forced to agree by the Imperial Conference 1930.
Royal & Parliamentary Titles Act 1927
This act modified the King’s title, proclaiming that he was no longer King of the United Kingdom of Great Britain & Ireland & of the British Dominions, but rather of Great Britain, Ireland and the British Dominions.
This meant that the unified Crown that had been the centre point of the Empire was replaced by multiple crowns worn by a “shared monarch.”
Before 1927, King George V reigned as King in Australia, NZ, Canada and etc, with them all being dominions of the United Kingdom. After 1927, he reigned as King of Australia and etc.
While the King did not seem to grasp the significance, the Irish did, and immediately separated themselves from the new UK monarch.
On the 19th October, 1973, Gough Whitlam, used the Royal Styles Act to create the Queen of Australia, this act being reprinted on 22 April 2002.
Monarch of Australia
Her current Australian title is Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and territories, Head of the Commonwealth, Defender of the Faith.
She is regarded as a legal personality of the Australian State, and is referred to as her Majesty the Queen in Right of Australia or Regina in law cases.
As such all state lands are called Crown land, state owned buildings and equipment are called Crown held property, copyright for all government publications are called Crown
copyright.
Employees of the Crown may be required to recite an oath to the Crown. Parliamentarians, members of the judiciary must do so as well.
The Queen of Australia cannot be sued in foreign courts without her express consent.
Symbols
State Coat of Arms are now replacing the Sovereign’s Coat of Arms in the courts of Australia.
The Commonwealth Coat of Arms is now known as the Coat of Arms of Australia.
In 2004, an Australian barrister, David Fitzgibbon established in the High Court of London, that the Queen had used the wrong stamp to approve the appointment of the new governor-General. The court agreed. The Queen had used the Great Seal of Australia instead of the Great Seal of Britain.
Westminster System
Although four Prime Minister’s had refused to ratify the Westminster Statute, in 1942 John Curtin was forced to, by the entry of the Japanese into WWII, when it became obvious the British could not protect Australia.
In order to seek an alliance with the US, the Australian
Parliament formally adopted the Statute of Westminster 1931, a statute which allowed our Parliament to act independently of the British Parliament and Government.
This act demonstrated to the international community that Australia was an independent nation.
It also meant that any laws the parliament made which were repugnant to British laws would no longer be invalid.
The Governor-General now assents to all bills with the Great Seal of Australia.
On the 19th October, 1973, Gough Whitlam, used the Royal Styles Act to create the Queen of Australia, this act being reprinted on 22 April 2002.
Monarch of Australia
Her current Australian title is Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and territories, Head of the Commonwealth, Defender of the Faith.
She is regarded as a legal personality of the Australian State, and is referred to as her Majesty the Queen in Right of Australia or Regina in law cases.
As such all state lands are called Crown land, state owned buildings and equipment are called Crown held property, copyright for all government publications are called Crown
copyright.
Employees of the Crown may be required to recite an oath to the Crown. Parliamentarians, members of the judiciary must do so as well.
The Queen of Australia cannot be sued in foreign courts without her express consent.
Symbols
State Coat of Arms are now replacing the Sovereign’s Coat of Arms in the courts of Australia.
The Commonwealth Coat of Arms is now known as the Coat of Arms of Australia.
In 2004, an Australian barrister, David Fitzgibbon established in the High Court of London, that the Queen had used the wrong stamp to approve the appointment of the new governor-General. The court agreed. The Queen had used the Great Seal of Australia instead of the Great Seal of Britain.
Westminster System
Although four Prime Minister’s had refused to ratify the Westminster Statute, in 1942 John Curtin was forced to, by the entry of the Japanese into WWII, when it became obvious the British could not protect Australia.
In order to seek an alliance with the US, the Australian
Parliament formally adopted the Statute of Westminster 1931, a statute which allowed our Parliament to act independently of the British Parliament and Government.
This act demonstrated to the international community that Australia was an independent nation.
It also meant that any laws the parliament made which were repugnant to British laws would no longer be invalid.
The Governor-General now assents to all bills with the Great Seal of Australia.
Changes under the Westminster System
* The Westminster system is a series of procedures for operating a legislature.
* The Prime Minister is recognized as the presiding and actual head of the government and head of the executive branch.
* The Queen / Governor-General holds a ceremonial position only.
* A cabinet executes executive authority.
* A multi-party system
* Parliament can be dissolved and elections called at any time.
* Parliamentary Privilege allows the legislature to discuss any issue it feels is relevant, with no fear of consequences
* Government or legislature interpret the results of Plebiscites and may ignore them if desired.
* The Governor-General ceased to be the representative of the British government and a British High Commissioner was from then on appointed.
* The Governor-General now has the responsibility of appointing a prime minister.
* Westminster governments usually do not have a very strong tradition of Separation of Powers.
* The Westminster system is a series of procedures for operating a legislature.
* The Prime Minister is recognized as the presiding and actual head of the government and head of the executive branch.
* The Queen / Governor-General holds a ceremonial position only.
* A cabinet executes executive authority.
* A multi-party system
* Parliament can be dissolved and elections called at any time.
* Parliamentary Privilege allows the legislature to discuss any issue it feels is relevant, with no fear of consequences
* Government or legislature interpret the results of Plebiscites and may ignore them if desired.
* The Governor-General ceased to be the representative of the British government and a British High Commissioner was from then on appointed.
* The Governor-General now has the responsibility of appointing a prime minister.
* Westminster governments usually do not have a very strong tradition of Separation of Powers.
Australia Act 1986
The power of the Westminster Statute allowed the Australian Parliament to request that the British Parliament enact the Australia act 1986.
This effectively terminated the ability of the British Parliament and government to make laws for Australia, even at their request, and meant that any law previously passed on behalf of Australia could now be done so by the new Australian Parliament and government.
It removed the right of the monarch to exercise their power in Australia unless personally present.
In Sue v Hill 1999, the High Court declared that the UK is a “foreign power”.
This means that such laws as the Magna Carta, Bill of Rights 1689 and etc are the laws of a foreign country and no longer able to be accessed by Australians.
The power of the Westminster Statute allowed the Australian Parliament to request that the British Parliament enact the Australia act 1986.
This effectively terminated the ability of the British Parliament and government to make laws for Australia, even at their request, and meant that any law previously passed on behalf of Australia could now be done so by the new Australian Parliament and government.
It removed the right of the monarch to exercise their power in Australia unless personally present.
In Sue v Hill 1999, the High Court declared that the UK is a “foreign power”.
This means that such laws as the Magna Carta, Bill of Rights 1689 and etc are the laws of a foreign country and no longer able to be accessed by Australians.
Royal Coat of Arms & Queen Elizabeth II of Great Britain
.jpg)
Great Seal of Australia & the Queen of Australia
An Overview of The Commonwealth of Australia Constitution Act (UK) 1900
The Commonwealth of Australia Constitution Act 1900 (UK)
Consists of 8 Chapters and the Schedule.
I. The Parliament
consisting of the Queen, a Senate & a House of Representatives
Governor General appointed by the Queen as her representative
Before taking their seat, they must all swear and Oath or Affirmation of Allegiance.
II. The Executive Government
Executive power is vested in the Queen and can be exercised by the Governor General
The Governor General chooses the members of the Federal Executive Council, who advise him/her.
All references to the Governor General in Council refer to the Governor General acting on the advice of the Federal Executive Council.
III. The Judicature
Judicial power of the Commonwealth is vested in the Federal Supreme Court, called the High Court of AustraliaJustices are appointed by the Governor General in
Council.
IV. Finance and Trade
V. The States
VI. New States
VII. Miscellaneous
VIII. Alteration of the Constitution
The proposed law for the alteration must be passed by an absolute majority of each House of the Parliament and not less than two or more than six months must be submitted to a referendum of the voters in each State and Territory .
If, the referendum is approved by a majority of the States and a majority of the voters, the Governor-General may approve the proposed law.
The Schedule
The Oath & Affirmation of the new parliamentarian.
Protection of Rights
There is no Bill of Rights in the Australian Constitution, because the majority of the people felt that the traditional rights and freedoms of British subjects were sufficiently guaranteed by the Separation of Powers and the 2 houses of Parliament.
And as the Act itself is British law, our access was therefore provided to the Magna Carta, Habeus Corpus, Bill of Rights 1649 and etc.
However the Constitution did include the following rights –
* Right to Trial by Jury in s80 for indictable offences against Commonwealth Law.
* Right to Just Compensation in s51 (xxxi) for assets taken by the Commonwealth.
* Right to Freedom of religion in s116, wherein the Commonwealth can not make laws to do with religion.
* Right to Freedom from Discrimination against residents of another state in s117.
The High Court have also established an implied Right to Freedom of Political Communication and a limited Right to Vote in s7 & s24.
Separation of Powers
Refers to the separation of the Executive (the Ministry), the Legislature (the Parliament) and the Judiciary (the Courts), with none of the three branches of government able to exercise total power.
Legislative power means the power to make laws and is concentrated in the Parliament. Executive power means the power to implement laws and is given to the government.
Judicial power gives the High Court power to decide whether laws are legal according to the Constitution.
The essence of the doctrine of separation of powers is thus based on the idea of checks and balances.
Prime Ministers, Premiers & Political Parties
The Constitution does not mention any of these entities in any manner.
The intent of the Constitution was that each person entering the House of Representatives & the Senate would be entirely independent, answerable only to the electors.
Referendums & Plebiscites
At all times, the only manner in which the Constitution could be altered were by binding polls called referendums.
To pass a referendum the final vote had to consist of a majority of states and a majority of the voters agreement.A Yes vote in a referendum would change that section of the Constitution. This would then be presented to the Governor - General for Royal Assent. This then becomes a binding and entrenched alteration to the Constitution.
A No vote was as lawful, in that it meant that there could be no change to the relevant section.
A Plebiscite is an optional voting structure to do with decisions that do not alter the Constitution.
Because the general feeling toward the Constitution is that it is fine the way it is, only 5 Federal referendums out of 21 have received a Yes vote.
* In 1916 & 1917, the people voted No to allow govt to conscript Australians for war.
* 1n 1944, the people voted No when govt wanted to extend its wartime powers into peace times.
* In 1951 the people voted No to banning communism – because it infringed on Freedom of Choice.
* In 1967, 89% of the People voted Yes to include Aboriginal people in the Constitution.
* In 1988, the Federal govt tried to introduce a Bill of Rights which, by stealth, gave govt greater powers. 70% of the people voted No, preferring less govt control.
* In 1999, over 50% of the people voted No against a Republic.
* The people have voted No to allowing govt to further extend their powers into trade, finance, corporations, industrial matters, disputes, aviation, marketing, democratic rights, pricing, incomes and more.
* Important referendums in which the people voted No twice, were in 1974 & 1988, where the People refused to allow Local Councils to be recognized in the Constitution.
Chapter III Court
Under the Constitutional Judicial structure, a constitutional court of law is known as a Chapter III Court.
The judicial power of the Commonwealth can only be exercised by a Chapter III court.
No other body, such as a panel, tribunal, commission, etc can render and enforce a judgment.
This has been upheld by the High Court in
* NSW v Commonwealth (1915) the Wheat Case
* Harry Brandy v Human Rights & Equal Opportunities Commission 1995
* Lane v Morrison 2009
Consists of 8 Chapters and the Schedule.
I. The Parliament
consisting of the Queen, a Senate & a House of Representatives
Governor General appointed by the Queen as her representative
Before taking their seat, they must all swear and Oath or Affirmation of Allegiance.
II. The Executive Government
Executive power is vested in the Queen and can be exercised by the Governor General
The Governor General chooses the members of the Federal Executive Council, who advise him/her.
All references to the Governor General in Council refer to the Governor General acting on the advice of the Federal Executive Council.
III. The Judicature
Judicial power of the Commonwealth is vested in the Federal Supreme Court, called the High Court of AustraliaJustices are appointed by the Governor General in
Council.
IV. Finance and Trade
V. The States
VI. New States
VII. Miscellaneous
VIII. Alteration of the Constitution
The proposed law for the alteration must be passed by an absolute majority of each House of the Parliament and not less than two or more than six months must be submitted to a referendum of the voters in each State and Territory .
If, the referendum is approved by a majority of the States and a majority of the voters, the Governor-General may approve the proposed law.
The Schedule
The Oath & Affirmation of the new parliamentarian.
Protection of Rights
There is no Bill of Rights in the Australian Constitution, because the majority of the people felt that the traditional rights and freedoms of British subjects were sufficiently guaranteed by the Separation of Powers and the 2 houses of Parliament.
And as the Act itself is British law, our access was therefore provided to the Magna Carta, Habeus Corpus, Bill of Rights 1649 and etc.
However the Constitution did include the following rights –
* Right to Trial by Jury in s80 for indictable offences against Commonwealth Law.
* Right to Just Compensation in s51 (xxxi) for assets taken by the Commonwealth.
* Right to Freedom of religion in s116, wherein the Commonwealth can not make laws to do with religion.
* Right to Freedom from Discrimination against residents of another state in s117.
The High Court have also established an implied Right to Freedom of Political Communication and a limited Right to Vote in s7 & s24.
Separation of Powers
Refers to the separation of the Executive (the Ministry), the Legislature (the Parliament) and the Judiciary (the Courts), with none of the three branches of government able to exercise total power.
Legislative power means the power to make laws and is concentrated in the Parliament. Executive power means the power to implement laws and is given to the government.
Judicial power gives the High Court power to decide whether laws are legal according to the Constitution.
The essence of the doctrine of separation of powers is thus based on the idea of checks and balances.
Prime Ministers, Premiers & Political Parties
The Constitution does not mention any of these entities in any manner.
The intent of the Constitution was that each person entering the House of Representatives & the Senate would be entirely independent, answerable only to the electors.
Referendums & Plebiscites
At all times, the only manner in which the Constitution could be altered were by binding polls called referendums.
To pass a referendum the final vote had to consist of a majority of states and a majority of the voters agreement.A Yes vote in a referendum would change that section of the Constitution. This would then be presented to the Governor - General for Royal Assent. This then becomes a binding and entrenched alteration to the Constitution.
A No vote was as lawful, in that it meant that there could be no change to the relevant section.
A Plebiscite is an optional voting structure to do with decisions that do not alter the Constitution.
Because the general feeling toward the Constitution is that it is fine the way it is, only 5 Federal referendums out of 21 have received a Yes vote.
* In 1916 & 1917, the people voted No to allow govt to conscript Australians for war.
* 1n 1944, the people voted No when govt wanted to extend its wartime powers into peace times.
* In 1951 the people voted No to banning communism – because it infringed on Freedom of Choice.
* In 1967, 89% of the People voted Yes to include Aboriginal people in the Constitution.
* In 1988, the Federal govt tried to introduce a Bill of Rights which, by stealth, gave govt greater powers. 70% of the people voted No, preferring less govt control.
* In 1999, over 50% of the people voted No against a Republic.
* The people have voted No to allowing govt to further extend their powers into trade, finance, corporations, industrial matters, disputes, aviation, marketing, democratic rights, pricing, incomes and more.
* Important referendums in which the people voted No twice, were in 1974 & 1988, where the People refused to allow Local Councils to be recognized in the Constitution.
Chapter III Court
Under the Constitutional Judicial structure, a constitutional court of law is known as a Chapter III Court.
The judicial power of the Commonwealth can only be exercised by a Chapter III court.
No other body, such as a panel, tribunal, commission, etc can render and enforce a judgment.
This has been upheld by the High Court in
* NSW v Commonwealth (1915) the Wheat Case
* Harry Brandy v Human Rights & Equal Opportunities Commission 1995
* Lane v Morrison 2009
Background to the Commonwealth of Australia Constitution Act (UK) 1900
History
Original settlement in Australia was under military law, for the purpose of penal colonies. Gradually private settlement grew until by the mid 1800’s, 5 states were colonized – SA, QLD, NSW, Vic & Tas, with private settlement existing in WA under Crown Colonies.
In 1885, the Federal Council of Australasia was formed, consisting of Vic, Tas, QLD & SA , and included the Crown Colonies of WA & Fiji.
This Council dealt mainly with matters of trade between the various colonies. Constitutional Conventions began in the late 1880’s and the final referendum was held in June 1899.
After some changes were made by the British Parliament, The Commonwealth of Australia Constitution Act 1900 (UK) was passed on 5 July 1900 and given Royal Assent by Queen Victoria on 9 July 1900. On 1 January 1901 the Proclamation of the Commonwealth of Australia was held in Centennial Park, Sydney.
The new Act was an act of the British Parliament as well as ratification of the Constitution of Australia.
The Preamble to the Commonwealth of Australia Constitution Act 1900 (UK)
Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessings of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established; And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen; Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same…….
To Clarify
We must all remember that the words of the Preamble were carefully chosen after over 10 years of conventions, public discussion & referendums, so those words are vital to understand.
1. The People – not parliament or government or councils or public servants.
2. from NSW, VIC, SA, QLD & TAS – with the allowance of admitting other Australasian colonies (such as WA)
3. humbly – without pride
4. relying – depending and trusting
5. on the blessings – guardianship, protection and favour
6. of Almighty God – therefore the people included God in this agreement
7. agreed – came to a common consent and understanding
8. to unite – join together, make one, combine
9. under one – beneath a single
10. indissoluble – that which can not be dissolved, undone or destroyed
11. Federal – a league or compact between two or more states.
12. Commonwealth – where the states retain powers of self-government in respect to the states concerns, but form an integral part of a larger government or nation.
13. under the Crown – sovereign power in the monarchy, especially in relation to the punishment of crimes
14. of the United Kingdom & Ireland
15. and under the Constitution hereby established – the organic and fundamental law of a nation, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing and limiting the functions of its different departments and prescribing the extent and manner of the exercise of sovereign powers.
16. enacted – established by law and decree
17. by the Queens’s Most Excellent Majesty – Queen Victoria
18. and with the advice – opinion, instructions
19. and consent – agreement
20. of the Lords Spiritual – the archbishops and bishops who have seats in the house of lords
21. and Temporal – those lay person who have seats in the house of lords
22. and Commons – the class of subjects of Great Britain who are not members of the royal family and nobility, and are represented in the house of commons.
23. in this great parliament assembled – all of them together
24. and by the authority of the same – by the legal power, right to command of the whole parliament.
Put together….
The people of the five independent colonies, depending on the protection and favour of Almighty God, consented to join together beneath a single indestructible agreement, wherein the independent colonies joined together to form a combined government, still allowing for state concerns, with the Queen as the sovereign authority for crimes and the foundation laws of the Constitution providing the structure of the government.
A very simple, easily understood agreement.
Why is God in the Constitution?
The Queen is the head of the Church of England.
She holds our constitutional power.
The Oath of office taken by all politicians, which is a pledge to the Queen.
Every year before the start of the legal year, all justices and barristers go to church to uphold that part of their oath.
Common Law and The Crown
The Queen’s authority particularly lay in the matter of the punishment of crime using common law.
The ancestry of common law lies in the Ten Commandments and is the ancient unwritten law of England.
It is the principles and rules of action, relating to the security of persons and property.
It is not, has never been and can not be Roman law, modern civil law, canon law, maritime law, kangaroo law or any other system.
The Governor-General
Because the Queen did not reside in Australia, she placed her representative in the form of the Governor-General here.
His role was to approve any change to the Commonwealth of Australia Constitution Act 1900 (UK) in the form of a Referendum and/or a Law.
The difference between a Law and Legislation being that –
* a Bill is raised in the Lower House, debated and discussed. If passed, this bill goes to
* the Senate, which must cross-reference the bill with the Constitution to make sure the bill does not interfere with it in any way. Once approved the bill goes to the
* Governor-General for approval. He then stamps it with the Seal of the Crown.
* That Law cannot be amended or changed without the same process in place. Legislation however, is a matter of government decision-making and can change from day to day, as the government wishes.
In the event a person feels that the legislation has removed his Constitutional rights, he may take it to court.
The final arbiter being the High Court of Australia, who are charged with the protection of the Commonwealth of Australia Constitution.
Please note however, they are also the guardians of the State Constitutions.
Original settlement in Australia was under military law, for the purpose of penal colonies. Gradually private settlement grew until by the mid 1800’s, 5 states were colonized – SA, QLD, NSW, Vic & Tas, with private settlement existing in WA under Crown Colonies.
In 1885, the Federal Council of Australasia was formed, consisting of Vic, Tas, QLD & SA , and included the Crown Colonies of WA & Fiji.
This Council dealt mainly with matters of trade between the various colonies. Constitutional Conventions began in the late 1880’s and the final referendum was held in June 1899.
After some changes were made by the British Parliament, The Commonwealth of Australia Constitution Act 1900 (UK) was passed on 5 July 1900 and given Royal Assent by Queen Victoria on 9 July 1900. On 1 January 1901 the Proclamation of the Commonwealth of Australia was held in Centennial Park, Sydney.
The new Act was an act of the British Parliament as well as ratification of the Constitution of Australia.
The Preamble to the Commonwealth of Australia Constitution Act 1900 (UK)
Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessings of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established; And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen; Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same…….
To Clarify
We must all remember that the words of the Preamble were carefully chosen after over 10 years of conventions, public discussion & referendums, so those words are vital to understand.
1. The People – not parliament or government or councils or public servants.
2. from NSW, VIC, SA, QLD & TAS – with the allowance of admitting other Australasian colonies (such as WA)
3. humbly – without pride
4. relying – depending and trusting
5. on the blessings – guardianship, protection and favour
6. of Almighty God – therefore the people included God in this agreement
7. agreed – came to a common consent and understanding
8. to unite – join together, make one, combine
9. under one – beneath a single
10. indissoluble – that which can not be dissolved, undone or destroyed
11. Federal – a league or compact between two or more states.
12. Commonwealth – where the states retain powers of self-government in respect to the states concerns, but form an integral part of a larger government or nation.
13. under the Crown – sovereign power in the monarchy, especially in relation to the punishment of crimes
14. of the United Kingdom & Ireland
15. and under the Constitution hereby established – the organic and fundamental law of a nation, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing and limiting the functions of its different departments and prescribing the extent and manner of the exercise of sovereign powers.
16. enacted – established by law and decree
17. by the Queens’s Most Excellent Majesty – Queen Victoria
18. and with the advice – opinion, instructions
19. and consent – agreement
20. of the Lords Spiritual – the archbishops and bishops who have seats in the house of lords
21. and Temporal – those lay person who have seats in the house of lords
22. and Commons – the class of subjects of Great Britain who are not members of the royal family and nobility, and are represented in the house of commons.
23. in this great parliament assembled – all of them together
24. and by the authority of the same – by the legal power, right to command of the whole parliament.
Put together….
The people of the five independent colonies, depending on the protection and favour of Almighty God, consented to join together beneath a single indestructible agreement, wherein the independent colonies joined together to form a combined government, still allowing for state concerns, with the Queen as the sovereign authority for crimes and the foundation laws of the Constitution providing the structure of the government.
A very simple, easily understood agreement.
Why is God in the Constitution?
The Queen is the head of the Church of England.
She holds our constitutional power.
The Oath of office taken by all politicians, which is a pledge to the Queen.
Every year before the start of the legal year, all justices and barristers go to church to uphold that part of their oath.
Common Law and The Crown
The Queen’s authority particularly lay in the matter of the punishment of crime using common law.
The ancestry of common law lies in the Ten Commandments and is the ancient unwritten law of England.
It is the principles and rules of action, relating to the security of persons and property.
It is not, has never been and can not be Roman law, modern civil law, canon law, maritime law, kangaroo law or any other system.
The Governor-General
Because the Queen did not reside in Australia, she placed her representative in the form of the Governor-General here.
His role was to approve any change to the Commonwealth of Australia Constitution Act 1900 (UK) in the form of a Referendum and/or a Law.
The difference between a Law and Legislation being that –
* a Bill is raised in the Lower House, debated and discussed. If passed, this bill goes to
* the Senate, which must cross-reference the bill with the Constitution to make sure the bill does not interfere with it in any way. Once approved the bill goes to the
* Governor-General for approval. He then stamps it with the Seal of the Crown.
* That Law cannot be amended or changed without the same process in place. Legislation however, is a matter of government decision-making and can change from day to day, as the government wishes.
In the event a person feels that the legislation has removed his Constitutional rights, he may take it to court.
The final arbiter being the High Court of Australia, who are charged with the protection of the Commonwealth of Australia Constitution.
Please note however, they are also the guardians of the State Constitutions.
Index of December 2009 Research Information
This is an Index of the December posts, which I would ask you read in order to understand the flow of research the EnviroWild Team have provided.
A Grant in Fee Simple
A Grant in Fee Simple v Torrens Title & More
Trespass Sign
High Court Rulings on Trespass
What is a Deed?
Removing Our Ownership Rights Through Deception
Common Law
Magna Carta 1215 - the Great Charter
Bill of Rights 1689
Writ of Habeus Corpus
Maritime Law
Civil Law
Comparison of Common Law v Civil Law
Colour of Law v Black Letter Law
The Colour of Law in Australia
Pt 1. The QLD Constitution 2001 & the Removal of...
Pt 2. The QLD Constitution 2001 & the Removal of...
Pt 3. The QLD Constitution 2001 & the Removal of...
Pt 4. The QLD Constitution 2001 & the Removal of...
Pt 5. The QLD Constitution 2001 & the Removal of...
Pt 6. The QLD Constitution 2001 & the Removal of...
Pt 7. The QLD Constitution 2001 & the Removal of...
Pt 8. The QLD Constitution 2001 & the Removal of...
Queensland Has 3 Constitutions
Who Makes the Rules In & For Queensland?
Brigalow Corporation
Are Australians Already Enslaved?
The Superiority of private Land Ownership Rights
The Executive Government of Australia in 2009
State Governments of Australia in 2009
Courts of Australia in 2009
A Grant in Fee Simple
A Grant in Fee Simple v Torrens Title & More
Trespass Sign
High Court Rulings on Trespass
What is a Deed?
Removing Our Ownership Rights Through Deception
Common Law
Magna Carta 1215 - the Great Charter
Bill of Rights 1689
Writ of Habeus Corpus
Maritime Law
Civil Law
Comparison of Common Law v Civil Law
Colour of Law v Black Letter Law
The Colour of Law in Australia
Pt 1. The QLD Constitution 2001 & the Removal of...
Pt 2. The QLD Constitution 2001 & the Removal of...
Pt 3. The QLD Constitution 2001 & the Removal of...
Pt 4. The QLD Constitution 2001 & the Removal of...
Pt 5. The QLD Constitution 2001 & the Removal of...
Pt 6. The QLD Constitution 2001 & the Removal of...
Pt 7. The QLD Constitution 2001 & the Removal of...
Pt 8. The QLD Constitution 2001 & the Removal of...
Queensland Has 3 Constitutions
Who Makes the Rules In & For Queensland?
Brigalow Corporation
Are Australians Already Enslaved?
The Superiority of private Land Ownership Rights
The Executive Government of Australia in 2009
State Governments of Australia in 2009
Courts of Australia in 2009
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