8) FEW THOUGHTS ON EXTRA CONSTITUTIONAL SAFEGUARDS FOR THE PEOPLE
In the previous Chapters the Constitutional and legal powers available to the people to get what they want, and to protect themselves against the manipulators of party politics, have been outlined.
The question now arises whether additional Constitutional safeguards are required to further protect the people. In this chapter a few thoughts are advanced.
Clearly, whilst the Commonwealth and State Constitutions give the people the power to have their Lower Houses of Parliament dissolved at any time of the people's choosing, there is presently no authority:-
(a) For the Upper Houses to be sent back to face the electors when they so WILL it.
(b) For any Senator or Legislative Councillor to be forced to face reelection at any time the electors so WILL it.
(c) For any electorate to have its existing Member, Federal or State, sent back to re-contest his seat if a majority of his electors so WILL it.
The inclusion of all three above powers in both Commonwealth and State Constitutions are essential to give the electors even more effective control over their parliamentarians and the machinery of Parliament, and make both more sensitive to the requirements of the people.
To bring any Senator, Legislative Councillor or Member back to face a re-contesting of his seat ought only to require a simple majority of electors in each of the three constitutional areas to inform the Govenor-General or State Governor - which ever is appropriate - that it is MY WILL that "so and so be sent back to recontest his seat in his House of Parliament."
It may be contended that such a constitutional provision would make the Houses of Parliament unworkable because the actions of opposing groups would involve Members and Senators in continuous elections. Such a contention, however, misses the point that electors would not be interested in recalling a Member or Senator who was giving public evidence of faithfully performing his judicially defined legal function and duty. Naturally legal safeguards would have to be included in the Constitutions making it illegal, even an act of conspiracy, for any recall of a Senator or Member to be initiated, organised and or financed from outside the electorate concerned.
In this work it is not intended to go into the question of the actual machinery necessary to allow the electors to replace any Member or Senator whom they have recalled. Rather it is the purpose to raise the point for serious study by the electors themselves as to how they may determine what basic protection changes they want in their Constitutions. Undoubtedly there would be many competent persons who could work out the machinery necessary to give full and proper legal effect to the WILL of the electors in this matter.
Another extremely vital protection element for the people is that no treaties, international conventions or agreements, and the like, should be entered into by Parliament, or by executive action, without the specific consent and authority of the people themselves. This point is raised because such things are agreed to, far too often, without the people having the faintest idea of the direct and indirect legal and other significances and consequences of such actions.
Indeed, few would be the politicians, let alone the people, who would have any conception of the far reaching effects that many such Treaties, agreements and conventions could have upon Australia and the Australian way of life. Under the influence, if not the manipulations, of international interests, theorists and idealists, Ministers of the Crown far too often persuade the legal government and the Houses of Parliament (under party control) to agree to bind the nation and States without the full implications of the legal, political and economic impacts being first thoroughly publicly debated.
Even at this moment of writing there are agreements and conventions afoot of which, in Australia, few indeed have any real knowledge; agreements and conventions that can have far greater impact upon the liberty and way of life in this country than some Ministers would care to fully explain.
The people should also insist that the Commonwealth and State Constitutions be tightened to make it absolutely impossible for Ministers of the Crown and Houses of Parliament to effect, what some would call, snide changes in the Constitutions without a referendum of the people. Those who have made long and deep researches into constitutional law are aware how these changes can be affected without the real understanding of the people and most politicians.
It cannot be denied that this country is suffering from "government by regulation" and many writers have drawn attention to this indisputable fact. In Commonwealth and State Parliaments the volume of legislation which is implimented by subsequent departmental regulations is quite unbelievable. Even during the last War, the noted N.S.W. constitutional authority, Dr. Frank Louatt, K.C., was moved to direct attention to the fact that for every 1000 pages of Acts of Parliaments there were over 5000 pages of regulations.
In their own interests the people should forbid the passing of any legislation which requires departmental regulations to impliment it. If regulations are thought to be required then the parliamentarians, party pressures notwithstanding, must be adamant that the departmental officers seeking those regulations shall be brought before the bar of the House of Parliament and made to publicly prove that such regulation is absolutely vital in the interests of the people.
This Chapter advances but a few thoughts: a few of the many arising from many long years of Constitutional research, coupled with both parliamentary and departmental personal experience. They are offered to stimulate deeper thought and study by the reader of this book.
It has been said of the great Henry Ford_of the "tin lizzy" fame_ that he once stated:-
"It matters not how many degrees you may have after your name, unless you can think, you are uneducated."
The writer hopes that the contents of this book will make you
THINK!
AND THEN ACT.
"BUT THEY SHALL SIT EVERY MAN UNDER HIS VINE AND UNDER HIS FIG TREE; AND NONE SHALL MAKE THEM AFRAID;...."
MICAH I V, iv.
Showing posts with label People of the Commonwealth. Show all posts
Showing posts with label People of the Commonwealth. Show all posts
Wednesday, February 10, 2010
My Will - Part 1
The People of the Commonwealth Constitution Act UK 1900 have the right to govern the politicians who are in their employ.
Arthur Chresby - a former Member of Parliament who spent 53 years researching our Consitutional rights, presented them to the People in a profound little booklet.
I present this booklet, to both honour Mr Chresby and to allow his work to keep teaching the People, who they are & what they must do to protect themselves and their fellow Australian.
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Your Will Be Done
A booklet by Arthur A Chresby
Arthur Chresby - a former Member of Parliament who spent 53 years researching our Consitutional rights, presented them to the People in a profound little booklet.
I present this booklet, to both honour Mr Chresby and to allow his work to keep teaching the People, who they are & what they must do to protect themselves and their fellow Australian.
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Your Will Be Done
A booklet by Arthur A Chresby
(Research Analyst in Constitutional Law, and formerly Federal Member for Griffith in the House of Representatives.)
INTRODUCTION
In the great controversy on the alleged need for constitutional reform and the replacement of the monarchy with an Australian republic, there seems to be an increasing airing of the views of those apparently bent on destroying the faith of the people in their established parliamentary institutions; that the real truths, safeguards and functions of our Commonwealth and State Constitutions are being lost to the knowledge of the nation.
This work is an attempt to put forward those truths, a sort of primer of Constitutional Law; to bring to public notice the true legal functions and duties of the institution of the monarchy, the offices of Governor General and State Governors, Ministers of the Crown, Federal and State Parliamentarians; to reveal the correct legal relationship between the electors and parliamentarians; to show what can be done under both Commonwealth and State Constitutions to bring Ministers and politicians to a full sudden stop "… for reprimand or dismissal, without having to wait for a general election…"
It may be contended that the people have been denied the above mentioned knowledge; that our schools, colleges and universities have failed to inform, as have the news media at large.
The history of parliament and politics in Australia shows that no political party, few, if any, politicians, and almost none of the constitutional and political text-book writers has published this information, for it is knowledge that, once grasped by the people, means the end of party political control over the voice and votes of politicians, and the elimination of party political dictatorship over the machinery of Parliament.
Those who would seriously attempt to dispute the contents of this book are advised that the law courts are open to them to do so. Any other form of denial would have no legal validity.
Because this is being written for the information of Mr., Mrs. and Miss Everyman, the writer has tried to keep the contents as simple as possible, to avoid legal jargon, and to give quotations only where it is deemed essential to clarify a legal point.
It is stressed that the sole purpose of this work is to show the Australian People what their true Constitutional powers are, and how they can lawfully use those powers to obtain the results they want their elected parliamentarians to produce, e.g.,
"I want my dollar to buy more tomorrow than it does today!"
Readers are invited to keep the following legally unarguable fact in mind:-
In the final analysis it is the Constitutions and Laws of the Commonwealth and the States, and the High Court interpretations of such, that determines what we can or cannot do in our daily lives. It is, therefore, to those Constitutions, Laws, and Court interpretations that we must continuously look for guidance and succour in our living, work and play, and not to the dissembling party politicians.
The writer hopes that the following pages will open up the way to such constitutional and legal guidance and succour.
This introduction cannot be completed without acknowledging the debt which this writer owes to Bart Marney of the blue ribbon provincial daily newspaper, "The Toowoomba Chronicle" (Queensland), without whose many objective criticisms and encouragement this book might never have been written.
(1) WHAT IS THE CORRECT RELATIONSHIP OF AN ELECTOR TO A MEMBER OF PARLIAMENT?
Both by Constitutional and Statute law an elector has no legal right, whatever, to abuse, intimidate or demand anything of his Member of Parliament, State or Federal, or of his State Senators.
Any such abuse, intimidation or demand, would enable a Parliamentarian to take court action against an elector for attempting to use unlawful pressure to force the Member or Senator to act contrary to their judicially defined function and duty.
As an elector you have a right, and a legal duty, at election time to vote for the candidate of your choice. Indeed, so long as you obtain a ballot paper in a lawful manner and place it in the ballot box you cannot be compelled to vote for the candidates on that ballot paper and may, if you wish, cast your vote against all names on that paper by neatly crossing them out. As voting is legally secret there is, at present, no legal way of stopping you from doing so.
Although such an action is classed as "casting an informal rote," you have legally signified that none of the candidates on that ballot paper meet with your satisfaction and have, therefore, lawfully cast your vote against all of them. If a majority of the electors were to vote "informal" it would force a fresh election and bring forth fresh candidates, thus indicating that the electors were casting their votes with care.
Political parties, of course, would cry that the electors were wasting their votes; that electors were disenfranchising themselves. But this is only party propaganda, because no party got any value out of your informal vote, and that is all that concerns parties: they need your vote to grab for power.
Once the election is over that is the end of ballot paper voting until the next election. However, under both Federal and State Constitutions and Statute laws you have certain implied legal duties and obligations.
The whole system of Parliament, and the SOLE reason for its existence, is to make laws for the people, with the clear implication that those laws will reflect the WILL of the people on the subject matter of those laws.
By those legal implications you have a lawful duty and obligation to keep your Members and Senators fully informed about what your WILL is upon any issue or matter that comes before them in their Houses of Parliament, or that should come before them.
It is only when you fulfil that lawful duty and obligation that your ember and Senators can properly fulfil~their judicially defined function and duty in their houses of Parliament. If you do not fulfil your lawful duty and obligation, if you do not keep your Members and Senators fully informed of your will on any issue, then you cannot blame them for what they do. You have only your own laziness or indifference to blame.
How do you correctly inform your Members and Senators of your WILL? It is so simple that only laziness and indifference ON YOUR PART stops it from working. Yes, it is so very simple, and here is an example:- Suppose, for instance, you believe that income tax should be halved and sales tax completely eliminated. You write, in this case AN INDIVIDUAL letter to your Federal Member, and each one of your State Senators, such as this:-
Dear Sir,
I know that it is my duty to keep you informed of MY WILL on anything that comes before Parliament, or that should come before Parliament
IT IS MY WILL that you take immediate action to have income tax halved and sales tax removed completely.
Yours faithfully,
(signed)
(Insert your full name, address and date, as legal evidence that you are a constituent.)
Should your Member or Senators try to side-step (and some of them are extremely adept at doing this) or tell you what their party is or is not doing, you simply write back and say:-
Dear Sir,
I repeat that, in accordance with my lawful obligation to keep you informed of MY WILL, I again inform you that it is MY WILL that you take immediate action to have income tax halved and sales tax removed completely.
Yours faithfully.
Don't enter into written argument with a politician, for many politicians are past masters in the art of avoiding that which they don't want to face up to, and become experts in manipulating words to their benefit.
Although the majority of politicians would never publicly admit it, what worries them most - irrespective of majority or party - is the percentage trend in electorate thinking that is shown by the number of simple straight letters clearly expressing THE WILL of the elector signing the letter.
To illustrate the above point further Opinion polls claim to reveal THE TREND of public thinking BY ASKING SIMPLE QUESTIONS of a given number of people selected at random, and, more often than not, the trend shown is reasonably accurate. BUT NOTE THAT THE TREND IS WORKED OUT ON THE BASIS OF THE OPINIONS of people, and people can change their opinions as often as they change their clothes.
The principle of percentage trends in electorate thinking as shown by the above simple straight "MY WILL" letter is an entirely different thing, and certainly leads to greater accuracy, for politicians know from experience that if one of their electors sits down to write such a simple "IT IS MY WILL" letter, then that elector is not expressing a mere opinion, but knows what he wants and says so in a no-nonsence way. It is doubly impressed upon the politician's mind if, after trying to side track the elector, he still gets back a straight "IT IS MY WILL!"
Experience of the various techniques used in opinion polls, and the evaluation of same, reveals that one such "IT IS MY WILL" letter indicates the mathematical probability that a MINIMUM of four(4) other electors are of the same conviction but have not written.
Even the least intelligent politician, where his Seat is concerned, can multiply four (4) by the number of such "MY WILL" letters he receives, and if he gets two or three thousand such letters he will know that he is going to come up with a mathematical stomach-twisting figure showing that he is not in tune with his electorate.
Self-preservation, even with a party-ridden politician, is always of the highest motivating priority to that politician, and, as the long experience of the former Queensland Parliamentarian, Senator Ian Wood, has proved, time and again, a political party thinks many times when trying to remove a determined straight Parliamentarian who has electorate thinking behind him. (Senator Wood fulfilled his judicially defined function and duty and refused, consistently, to bend to party pressures.)
On a subject like the drastic reduction of income tax, and removal of sales tax, it is obviously something on which most people will have strong convictions, not mere opinions. Thus, it requires only a few ordinary people to get together in their various electorates and, after writing their own "MY WILL" letters get out amongst friends, relatives, acquaintances and others in their own electorate inviting them all to write such "MY WILL" letters to their Federal Member and State Senators. Such determined ordinary people also have relatives and friends in other electorates and can invite them to do likewise.
Thus, in no time, the work of, say 3, 4, 5 or 6 people can spread like wild- fire through the electorate, especially when most people are incensed over one thing. To get two or three thousand individually signed "MY WILL" letters is not a hard task for such ordinary determined people.
It must never be forgotten that ordinary people have the legal privilege, if they wish to exercise it, of quietly approaching relatives, friends, acquaintances and others inviting them to write such "MY WILL" letters to their Member and Senators. It requires no committees, no resolutions, no street marching, no formation of groups, bodies or associations with all sorts of names and titles. No constitutions, no minutes, no wasting of hours in fruitless arguing and discussions, no presidents, secretaries or treasurers.
All that is required is that an individual with a determination to act lawfully to right or alter something he doesn't like, and with the initiative to do so, is to write his "MY WILL" letter, show others and encourage them to do likewise. There are a multitude of issues upon which people have strong convictions and the simple "MY WILL" letter is their lawful simple way of telling their M.P.
Don't argue that it will not work, or that people are stupid. If you feel strongly enough about something, don't just moan and talk about it, write your "MY WILL" letters. IT IS YOUR PERSONAL RESPONSIBILITY to do so, not someone else, nor those never identified "THEY OUGHT TO DO SOMETHING ABOUT IT." You have to be your own "they".
It is stressed again: it is your legal privilege, and your lawful duty, to encourage others, peacefully and quietly, in the manner outlined in this Chapter. A Parliamentarian, armed with the written proof of the "WILL" of his electors, upon any issue, can completely ignore party pressures and set about faithfully fulfilling his judicially defined legal function and legal duty. He is freed to be a Parliamentarian and not, as at present in most cases, a mere party yes-man. THE "MY WILL" LETTER IS A LEGAL DEMONSTRATION OF THE PRINCIPLES OF DEMOCRACY IN ACTION.
When your Members of Parliament, State and Federal, do something that pleases you WRITE AND TELL THEM SO, as Members get plenty of abusive letters and extremely few courteous ones. If a Member or Senator knows that he is the centre of watchfulness from his area at all times he is left with no alternative than to carry out his judicially defined function and duty, no matter the protests and pressures of his party.
Thus, Politicians, secure in the knowledge of written electorate support, possessed of the written "MY WILL" is freed from control of the party manipulators, for the party has lost control over his voice and vote on all issues on which the electorate has expressed its WILL. Wise politicians would do well to continuously seek the written "WILL" of all their electors on every issue and proposed legislation. After all they do have offices and a secretary in their electorate, whilst Federal Members also have Research Officers, so they have no excuse for not organising to seek the electors "WILL" before casting their votes in their House of Parliament.
To sum up this Chapter:
It is your legal duty and obligation, and yours alone, to keep your Members and Senators fully informed, at all times, of your "WILL." That is your true lawful relationship with your Members and your Senators.
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.
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