Monday, December 14, 2009

Pt 8. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD

Is it Legal

May I first say – that as this matter covered almost 30 years, there can be no doubt that every major QLD politician must have been aware of this plan, including Mr Kevin Rudd. There is also no doubt that every major Federal politician should have been aware of the plan including both John Howard and Kim Beasley. And finally there can be no doubt that the Governor-General of Australia was complicit in this plan.

Commonwealth of Australia Constitution Act. Chapter II. The Executive Government.
Section 61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General, as the Queen's representative and extends, to the execution and maintenance of this Constitution and of the laws of the Commonwealth.

The primary fact that all these changes and manoeuvres were done without a referendum of the People clearly shows that the politicians involved knew they would not succeed if the people were asked for their approval. There in lies the major area of illegality.

McHugh J in Kable v Director of Public Prosecutions (NSW), stated "[T]hat there is a common law of Australia as opposed to a common law of individual States is clear".

Lipohar v R [1999] HCA 65; 200 CLR 485; 168 ALR 8; 74 ALJR 282 (9 December 1999)
At 53. ………………….. If the common law were fragmented, it would be necessary to spell out of the Australian constitutional structure principles to resolve conflicts or variances between, in particular, "federal common law" and that of the particular State in which the executive government of the Commonwealth conducted its activities…………

Lipohar v the Queen is still law and subject to the section 77M of the Judiciary Act 1903 (Cth) . It is only the High Court of Australia who can remove the common law from the State of QLD, not the elected members of the Legislative Assembly.

Is this happening in other states? Yes.

New South Wales removed the Governor in 1987 under the Consolidated Amendment Act 1987.

WA is almost in the same situation as QLD. The State Govt, the World Wildlife Fund and the Real Estate Institute of WA have combined to sell Bush Blocks.

All Governor’s of each state now obey the Premier’s in each state. See their websites.

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