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
100 George St Brisbane
PO Box 15185 City East
Queensland 4002 Australia
Telephone +61 7 3334 4500
Facsimile +61 7 3221 3631
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.