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
Showing posts with label Parliament of QLD. Show all posts
Showing posts with label Parliament of QLD. Show all posts
Wednesday, January 6, 2010
Monday, December 14, 2009
Pt 4. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD
Judicial Results
Because this new Constitution was presented to and passed b the Parliament of Qld without respect of reference to the Commonwealth of Australia Constitution Act section 106, to the Queensland Constitution Act 1867 and without a referendum of the People as cited at section 53, this removed the Separation of Powers and recreated QLD as an independent, sovereign, corporation government outside of and not, therefore, subject to the laws of the Commonwealth or other States & Territories, in contradiction of the Commonwealth of Australia Constitution Act.
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, by the omission of Part 9 – Division Heading 4 Common Law & Jurisdiction; Division Heading 5 Equitable Jurisdiction; Division Heading 6 Criminal Jurisdiction - Section 199 Laws of England to be applied in the administration of Justice; Section 200 Common Law and General Jurisdiction of the Court, Jurisdiction at common Law; Section 2001 Equitable Jurisdiction; Section 202 Criminal Jurisdiction.
Courtesy of the Constitution of Queensland 2001 Chapter 4 – Courts – section 58 – Supreme Courts – the Supreme Court’s jurisdiction is now of the State.
QLD is now outside the Commonwealth of Australia as an independent sovereign
State without common law, and the people are subject to civil and statute law only. The
'common law and general jurisdiction'; the 'Laws of England to be applied in the
administration of justice' and 'equitable jurisdiction' have been removed under the Supreme
Court Act 1995(Qld) Reprint number 2A dated 2nd March, 2001 under Schedule 2 of the
Constitution of Queensland 2001.
All private equity and inheritance in the State is the property of “the State”, see Corporations (Q) Act 1990 (Q), Reprint No 3, reprinted as in force immediately before 15 July 2001 ©State of Q 2006. All courts, including the Magistrates Courts, are inside the Parliament of QLD.
The jurisdiction of the Supreme Court of QLD is found in the Constitution of
Queensland 2001, Part 5 - Powers of the State. Therefore it is assumed that the Judges of the Supreme and District Courts of QLD must protect the 'assets' of the State of QLD and find only in favour of the State, not in favour of the registered ownersof private land who have lost, under the statute laws of QLD, the rights to use their fee simple land as they see fit.
The Constitution of Queensland 2001 Chapter 3, Sections 51 & 27 are ultra vires to the Commonwealth of Australia Constitution Act at s109, s106, s107, s51 & s52 of the Referendum (Machinery Provisions) Act 1984 (C’wth). Ultra vires meaning Without authority. An act which is beyond the powers or authority of the person or organization which took it.
The common law and references to the Crown have been removed out of the Supreme Court Act 1995(Qld).
Civil law and statute law have a very different requirement for the committing of any offence, whether an indictable offence, a summary offence, a simple offence or an absolute offence such as a traffic offence where a guilty mind is not required to commit that offence.
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.
The Supreme and District Court, other courts and the Judges and Justices of those Courts are now inside the corporation of the Government, and not sworn representatives of the Crown. Under the Constitution of Queensland 2001, all documents are issued or signed under the Public Seal of the State. This would be any document appointing a politician, a Judge or any person who should swear an oath of allegiance to the Sovereign. The Governor now seals that document in accordance with the Constitution of Queensland 2001 section 37 with the Public Seal of the State therefore voiding the appointment of any of those people by the Sovereign but making those people in effect 'officers of the State' and subject to the 'Powers of the State' as cited in Part 5 of the Constitution of Queensland 2001.
Because this new Constitution was presented to and passed b the Parliament of Qld without respect of reference to the Commonwealth of Australia Constitution Act section 106, to the Queensland Constitution Act 1867 and without a referendum of the People as cited at section 53, this removed the Separation of Powers and recreated QLD as an independent, sovereign, corporation government outside of and not, therefore, subject to the laws of the Commonwealth or other States & Territories, in contradiction of the Commonwealth of Australia Constitution Act.
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, by the omission of Part 9 – Division Heading 4 Common Law & Jurisdiction; Division Heading 5 Equitable Jurisdiction; Division Heading 6 Criminal Jurisdiction - Section 199 Laws of England to be applied in the administration of Justice; Section 200 Common Law and General Jurisdiction of the Court, Jurisdiction at common Law; Section 2001 Equitable Jurisdiction; Section 202 Criminal Jurisdiction.
Courtesy of the Constitution of Queensland 2001 Chapter 4 – Courts – section 58 – Supreme Courts – the Supreme Court’s jurisdiction is now of the State.
QLD is now outside the Commonwealth of Australia as an independent sovereign
State without common law, and the people are subject to civil and statute law only. The
'common law and general jurisdiction'; the 'Laws of England to be applied in the
administration of justice' and 'equitable jurisdiction' have been removed under the Supreme
Court Act 1995(Qld) Reprint number 2A dated 2nd March, 2001 under Schedule 2 of the
Constitution of Queensland 2001.
All private equity and inheritance in the State is the property of “the State”, see Corporations (Q) Act 1990 (Q), Reprint No 3, reprinted as in force immediately before 15 July 2001 ©State of Q 2006. All courts, including the Magistrates Courts, are inside the Parliament of QLD.
The jurisdiction of the Supreme Court of QLD is found in the Constitution of
Queensland 2001, Part 5 - Powers of the State. Therefore it is assumed that the Judges of the Supreme and District Courts of QLD must protect the 'assets' of the State of QLD and find only in favour of the State, not in favour of the registered ownersof private land who have lost, under the statute laws of QLD, the rights to use their fee simple land as they see fit.
The Constitution of Queensland 2001 Chapter 3, Sections 51 & 27 are ultra vires to the Commonwealth of Australia Constitution Act at s109, s106, s107, s51 & s52 of the Referendum (Machinery Provisions) Act 1984 (C’wth). Ultra vires meaning Without authority. An act which is beyond the powers or authority of the person or organization which took it.
The common law and references to the Crown have been removed out of the Supreme Court Act 1995(Qld).
Civil law and statute law have a very different requirement for the committing of any offence, whether an indictable offence, a summary offence, a simple offence or an absolute offence such as a traffic offence where a guilty mind is not required to commit that offence.
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.
The Supreme and District Court, other courts and the Judges and Justices of those Courts are now inside the corporation of the Government, and not sworn representatives of the Crown. Under the Constitution of Queensland 2001, all documents are issued or signed under the Public Seal of the State. This would be any document appointing a politician, a Judge or any person who should swear an oath of allegiance to the Sovereign. The Governor now seals that document in accordance with the Constitution of Queensland 2001 section 37 with the Public Seal of the State therefore voiding the appointment of any of those people by the Sovereign but making those people in effect 'officers of the State' and subject to the 'Powers of the State' as cited in Part 5 of the Constitution of Queensland 2001.
Pt 3. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD
All Government tiers, including Local councils are now inside the Parliament of QLD.
The Members of the Legislative Assembly are clearly individuals and members of the corporation as defined in the Acts Interpretation Act 1954 sect 32 & 33.
Members of the Legislative Assembly are paid by the Parliament of QLD and are elected subject to the Election Act (Q) which is an Act enacted by the Parliament of QLD.
All elections held in QLD since 6th June 2002 are elections at common law but the Election Act of QLD is subject to the Uniform Civil Procedures Rules 1999 of QLD, therefore any vote given in any State, Federal or Council elections since that time are votes in name only.
The Acts Interpretation (State Commercial Activities) Act 1994 amended the Acts Interpretation Act 1954 to define "the State" to mean the Executive government of the State of QLD. Under the provisions of this Act, "the State" may carry out commercial activities 'without further statutory authority' and 'without prior appropriation from the public accounts' {s47C.(3)} Section 47C. defines 'commercial activities to include 'commercial activities that are not within the ordinary functions of the State' and these functions may be delegated by a Minister to an officer of the State who may subdelegate delegated powers to another officer of the State. An 'officer of the State means a chief executive, or employee of the public sector or an officer of the public service'.
The Second Reading Speech of the former Premier the Honourable Peter Beattie when he created the new Government of QLD, placed inside the Parliament himself as Premier (President), the Ministers, the Governor as a parliamentary secretary, the judges and justices of the Supreme and District Courts, the Supreme and District Court, the Local Government Councils.
The public officials are not public officials of "the Crown" but public officials of "the State" of QLD. As all real property has now been taken back by the State and held under the State corporation, the Brigalow Corporation, the public officials are in fact now working for the owners of the land, the State Government of QLD.
When the State of QLD removed the land and placed it under the ownership of the State, they did so without compensation or without a referendum.
The Members of the Legislative Assembly are clearly individuals and members of the corporation as defined in the Acts Interpretation Act 1954 sect 32 & 33.
Members of the Legislative Assembly are paid by the Parliament of QLD and are elected subject to the Election Act (Q) which is an Act enacted by the Parliament of QLD.
All elections held in QLD since 6th June 2002 are elections at common law but the Election Act of QLD is subject to the Uniform Civil Procedures Rules 1999 of QLD, therefore any vote given in any State, Federal or Council elections since that time are votes in name only.
The Acts Interpretation (State Commercial Activities) Act 1994 amended the Acts Interpretation Act 1954 to define "the State" to mean the Executive government of the State of QLD. Under the provisions of this Act, "the State" may carry out commercial activities 'without further statutory authority' and 'without prior appropriation from the public accounts' {s47C.(3)} Section 47C. defines 'commercial activities to include 'commercial activities that are not within the ordinary functions of the State' and these functions may be delegated by a Minister to an officer of the State who may subdelegate delegated powers to another officer of the State. An 'officer of the State means a chief executive, or employee of the public sector or an officer of the public service'.
The Second Reading Speech of the former Premier the Honourable Peter Beattie when he created the new Government of QLD, placed inside the Parliament himself as Premier (President), the Ministers, the Governor as a parliamentary secretary, the judges and justices of the Supreme and District Courts, the Supreme and District Court, the Local Government Councils.
The public officials are not public officials of "the Crown" but public officials of "the State" of QLD. As all real property has now been taken back by the State and held under the State corporation, the Brigalow Corporation, the public officials are in fact now working for the owners of the land, the State Government of QLD.
When the State of QLD removed the land and placed it under the ownership of the State, they did so without compensation or without a referendum.
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