The 1867 Constitution is still there, as facilitated by Chapters 1 & 2, specifically section 9 of the Constitution of Queensland 2001.
HOWEVER , a very careful reader will find that there is a Second Constitution Embedded within the 2001 Constitution and it Starts at Chapter 3 specifically sections 51 together with 27.
This is the law making power of “the State” which ONLY includes those individuals to the power of those individuals, so given as mentioned at section 51.
Sections 51 & 27 offer a whole new law making power (the power of “the State”) this is a Separate Power from that of section 9 of Chapter 1 which is the law making power of the Legislative Assembly.
HOWEVER through the use of the Seal of “the State” over laws passing through the Legislative Assembly, IF NOT by the use of section 15DA of the Act Interpretation 1954, therefore ALL laws come under the power & authority of Chapters 3 – 10 of the Constitution of Queensland 2001.
Laws that come under the powers of “the State” at section 51 are easy to recognise they are bound by “This Act binds all persons including the State” .
Laws that have not been sealed with the seal of “the State” bind back to the 1867 Constitution and are easy to recognise as they are bound by “This Act binds the Crown in all its capacities” .
There are precious few of these Acts left in Queensland.
Simply put,
the legislature passes a bill under section 9 of the 2001 Constitution ( which represents the old 1867 Constitution),
then the Governor seals it with the seal of “the State” and, in so doing the newly made law passes to Chapter 3 (section 51) of the 2001 Constitution, abrogating the law from the 1867 Constitution therefore the Common law.
It really is so simple in setting up a claytons democracy. The legislative Assembly (s9) honestly think that they made a law to their power and, they have control over that law, however in reality “the State” has kidnapped the law on assent through the seal.
“the State” (s51) = The premier (dictator) + the lackey Ministers (dictatorial assistants).
“the State” can also, and often does, use another method in making laws to the power of section 51 of the Constitution 2001 and that is by using section 15DA of the Acts Interpretation Act 1954 by simple laying an “Undebated or Voted on” “Bill” on the Table of the so called parliament for a period, and once that period has expired the “Bill” simply “Automatically” becomes Law to the power of Chapter 3 of the Constitution of Queensland 2001.
Technically, and perhaps a bit simplistic, Queensland at present has 3 Constitutions
(1) the 1867 Constitution (derogated)
(2) the Constitution of Queensland 2001 Chapters 1 and 2 (useless)
(3) the Constitution of Queensland 2001 Chapters 3 – 10 (power & glory).
Prepared June 2008
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.
Pt 7. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD
What is Behind This
It is quite clear that those who have been put in power by the sovereign people of the State have, since 1992 when the original Acts were being framed, had a full intention in time, to bring about their own personal agendas, regardless of the wishes of the sovereign people who have, in good and open faith and intention, by secret ballot at elections, voted these people into positions of power and of trust and who must swear or affirm an oath of allegiance to Her Majesty that they will uphold Her laws for the benefit of the people of the State of QLD. That power has turned from the power granted by the people to the Legislative Assembly to make laws for 'peace welfare and good government' on behalf of the sovereign people of QLD using funds from taxes paid by the citizens of QLD and all of Australia, into a totalitarian system of Government, whereby we the people are subject to the corporation Government of the State.
The ramifications caused by these actions carried out over a long period of time by the Members of the body politic dating back as far as 1992 are so vast and wide spread it will take a long time to remedy and repair the whole system of government in QLD. The Parliament can make any laws they wish but I do not believe that under a democratic system of Government they are elected to Parliament to make draconian laws which remove the rights of the sovereign people to their use of their land without fair and just compensation.
Under the Constitution of Queensland 2001, by the removal of common law in the State of QLD, the public officials of this State can acquire an interest in private registered land without compensation, for the benefit of the State Government corporation. This also includes the property owned now and in the future as the sovereign people are in fact " an individual and a corporation" and therefore subject to the corporation Government of the State of QLD.
It is very clear from the time line of events that this was a well-planned manoeuvre to remove QLD from the Federation of Australia and through that action from the protection of the Australian Constitution and Common Law & Equity.
The former Premier said in the Second Reading Speech for the constitution, 'we all look forward to the day when we are a republic'. The people of the Commonwealth of Australia at referendum in 1999 voted against a republic but wished to retain the present system of Government with a clear separation of powers under common law and for the Commonwealth of Australia to remain exactly the same with a combined Federation of States as was created in 1901.
Mr Beattie also stated –
"But this Act is much more it is the fundamental law of QLD that underpins our system of government.
The entities it provides for include this Parliament, the Supreme and District Courts of this State and the system of local government that we know in QLD. The office holders under this Act include the Governor of QLD, the Ministers of the Crown and the judges of the Supreme and District Courts. This law is of supreme importance."
Further in the speech, the Premier stated "Our entity as a Sovereign State, the democratic ideals on which our State is built, rest on our Constitution".
Pt 6. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD
Assets of the Corporation
As the corporation of QLD, when it was formed, had no assets, it had to acquire assets if they wished to borrow. Under the Queensland Government (Land Holding) Amendment Act 1992, they immediately took all the Crown land and estates in fee simple registered under the Property Law Act 1974 as equity for the corporation without compensation to the registered owners of the property whether they live in QLD or anywhere else and converted that property for their own use, contrary to Chapter 7 of the Criminal Code Act 1995(C'wth) - The proper administration of Government.
The QLD Government Land Holding Amendment Act 1992 was reprinted into law through the Parliament of Queensland Act 2001, whereupon all Crown land, assets and infrastructure on that land including schools, hospitals, roads, etc became subject to and responsible to the Ministers of the State of QLD as cited at Chapter III of the Queensland Constitution 2001.
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'.
Under the Lands Legislation Amendment Act No. 64 of 1992 © The State of QLD and mfurther now in the corporation of the State known as the Brigalow Corporation and further by amendment of the Constitution Act 1867 Reprint 2A which clearly defines that any estate or interest in the land to be acquired from any other person, the definition of land clearly does not include any estate, therefore the only land held has been transferred from the Real Property Acts of 1861; 1877; 1952 and 1956 into the Land Title Act 1994(Qld) Reprint 7 ©State of QLD 2003 and you hold your land in a statutory title only, without any further element of tenure of the Crown and the Courts are inside the Government and subject to the rules of the Court as found in the Statutory Instruments Act 1992© The State of QLD.
Recent newspaper articles have shown the next steps in this “legal land theft”. The QLD Government plans to determine Land valuation via the Improved Capital Value, which would allow their asset base to rise extraordinarily, as well as increase the amount of rates to the land owners.
A second article states regarding the QLD Urban Land Development ……..
“Both the authority and a developer will be able to write their own by-laws, open and close roads, levy their own rates, enter buildings without a warrant and cut councils out of the planning process in designated areas, all without being elected.”
As the corporation of QLD, when it was formed, had no assets, it had to acquire assets if they wished to borrow. Under the Queensland Government (Land Holding) Amendment Act 1992, they immediately took all the Crown land and estates in fee simple registered under the Property Law Act 1974 as equity for the corporation without compensation to the registered owners of the property whether they live in QLD or anywhere else and converted that property for their own use, contrary to Chapter 7 of the Criminal Code Act 1995(C'wth) - The proper administration of Government.
The QLD Government Land Holding Amendment Act 1992 was reprinted into law through the Parliament of Queensland Act 2001, whereupon all Crown land, assets and infrastructure on that land including schools, hospitals, roads, etc became subject to and responsible to the Ministers of the State of QLD as cited at Chapter III of the Queensland Constitution 2001.
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'.
Under the Lands Legislation Amendment Act No. 64 of 1992 © The State of QLD and mfurther now in the corporation of the State known as the Brigalow Corporation and further by amendment of the Constitution Act 1867 Reprint 2A which clearly defines that any estate or interest in the land to be acquired from any other person, the definition of land clearly does not include any estate, therefore the only land held has been transferred from the Real Property Acts of 1861; 1877; 1952 and 1956 into the Land Title Act 1994(Qld) Reprint 7 ©State of QLD 2003 and you hold your land in a statutory title only, without any further element of tenure of the Crown and the Courts are inside the Government and subject to the rules of the Court as found in the Statutory Instruments Act 1992© The State of QLD.
Recent newspaper articles have shown the next steps in this “legal land theft”. The QLD Government plans to determine Land valuation via the Improved Capital Value, which would allow their asset base to rise extraordinarily, as well as increase the amount of rates to the land owners.
A second article states regarding the QLD Urban Land Development ……..
“Both the authority and a developer will be able to write their own by-laws, open and close roads, levy their own rates, enter buildings without a warrant and cut councils out of the planning process in designated areas, all without being elected.”
Pt 5. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD
Sovereign People
We are all subjects of Her Majesty under section 117 of the Commonwealth of Australia Constitution Act
The Parliament of QLD does not recognize the rights of the sovereign people inside the State of QLD.
What now happens to people who have been prosecuted, fined, imprisoned etc. under the civil law of QLD, which does not exist elsewhere in the Commonwealth of Australia. The people of QLD are still, under section 117 of the Commonwealth of Australia Constitution Act, subjects of Her Majesty Queen Elizabeth II and protected by Her laws as there has been no referendum under section 128 of the Commonwealth of Australia Constitution Act to allow the separation of QLD from the Commonwealth of Australia.
Those of you who hold a Deed of Grant in fee simple in QLD, now only hold a statutory title, and that title is upheld by the civil laws of the Supreme and District Courts of the corporate Government of QLD and the Judges of the Supreme and District Courts who are inside the Government. Your common law estate in fee simple is now held by the corporate Government of the Sovereign State of QLD.
Under the definitions in the Acts Interpretation 1954(Qld), section 36, the definition of 'property' and 'land', the State of QLD now owns all your property, which includes money, real and personal property from the past and any future property which includes your will.
I refer to the definition of 'land' under section 22 - Meaning of certain words (aa) 'individual' and (c) 'land' of the Acts Interpretation Act 1901(C'wth) and the definition of 'property' in section 130.1 of the Criminal Code Act 1995(C'wth) The Acts Interpretation Act 1954(Qld) is ultra vires to the Commonwealth of Australia Constitution Act, Criminal Code Act 1995(C'wth), Chapter 7 - The proper administration of Government; the Acts Interpretation Act 1901(C'wth).
The Acts Interpretation Act 1954(Q) defines property both present and future, owned by
you as an 'individual and a corporation' as subject to a statutory instrument only and that statutory instrument is not only applicable to your land, but all property that you, as a person in QLD now own, as opposed to the previous common law indefeasible deed of grant in fee simple. All land, including private land held previously in the common law estate of inheritance in fee simple by private individuals, is now held by the corporation of the State of QLD known as the Brigalow Corporation.
The only tenure that any financial institutions hold in land in QLD today, even though they may believe they hold an estate in fee simple, is in fact held by the corporation of the State, the Brigalow Corporation and is now the full property of the State. The lending institutions now only hold a statutory title and an interest only in the land by virtue of the Statutory Instruments Act 1992 under which the rules of the Supreme and District Courts are found under section 12 of that Act.
The owners of that property taken by the corporation can only hope that the corporation has not used your real property as an asset to borrow funds for the corporation for whatever purpose. If the independent State corporation fails or borrowing is too extensive, it will again be the sovereign people who will bear the financial consequences.
Your Deed of Grant in fee simple is now a statutory title only, and that title is upheld by the civil laws of the Supreme and District Courts of the corporate Government of QLD and the Judges of the Supreme and District Courts who are inside the Government
Your land is now held by the Government of QLD in the Brigalow Corporation with no compensation paid to you for that acquisition. For “Even though the King may not enter” (Plenty v. Dillon [1991] HCA 5; 171 CLR 635 F.C. 91/004 (7 March 1991) the QLD Government and the delegated authorities thereof can, without fine or legal interference.
To have QLD become an independent Sovereign State and to remove the common
law, set up statutory civil law and have Queensland not recognize the Commonwealth of
Australia Constitution Act but only that Act from section 9 onwards, a full referendum
would have been required of the people of the Commonwealth of Australia to enact,
validly, that QLD, from 29th January 1999 was now independent of the Commonwealth of
Australia and a State in its own right.
That did not happen.
In the Second Reading Speech for the Constitution the Premier stated that the Constitution would be 'broadly accessible' to the people of QLD. Considering that this Act has effectively removed all common law property rights from the people of QLD it should, one would reasonably assume, have been put to a referendum of the people.
The sovereign people of the Commonwealth of Australia have never been required at a referendum by virtue of section 128 of the Constitution of the Commonwealth of Australia to vote to allow "the State" of QLD to fracture the Commonwealth and become an independent sovereign state.
We are all subjects of Her Majesty under section 117 of the Commonwealth of Australia Constitution Act
The Parliament of QLD does not recognize the rights of the sovereign people inside the State of QLD.
What now happens to people who have been prosecuted, fined, imprisoned etc. under the civil law of QLD, which does not exist elsewhere in the Commonwealth of Australia. The people of QLD are still, under section 117 of the Commonwealth of Australia Constitution Act, subjects of Her Majesty Queen Elizabeth II and protected by Her laws as there has been no referendum under section 128 of the Commonwealth of Australia Constitution Act to allow the separation of QLD from the Commonwealth of Australia.
Those of you who hold a Deed of Grant in fee simple in QLD, now only hold a statutory title, and that title is upheld by the civil laws of the Supreme and District Courts of the corporate Government of QLD and the Judges of the Supreme and District Courts who are inside the Government. Your common law estate in fee simple is now held by the corporate Government of the Sovereign State of QLD.
Under the definitions in the Acts Interpretation 1954(Qld), section 36, the definition of 'property' and 'land', the State of QLD now owns all your property, which includes money, real and personal property from the past and any future property which includes your will.
I refer to the definition of 'land' under section 22 - Meaning of certain words (aa) 'individual' and (c) 'land' of the Acts Interpretation Act 1901(C'wth) and the definition of 'property' in section 130.1 of the Criminal Code Act 1995(C'wth) The Acts Interpretation Act 1954(Qld) is ultra vires to the Commonwealth of Australia Constitution Act, Criminal Code Act 1995(C'wth), Chapter 7 - The proper administration of Government; the Acts Interpretation Act 1901(C'wth).
The Acts Interpretation Act 1954(Q) defines property both present and future, owned by
you as an 'individual and a corporation' as subject to a statutory instrument only and that statutory instrument is not only applicable to your land, but all property that you, as a person in QLD now own, as opposed to the previous common law indefeasible deed of grant in fee simple. All land, including private land held previously in the common law estate of inheritance in fee simple by private individuals, is now held by the corporation of the State of QLD known as the Brigalow Corporation.
The only tenure that any financial institutions hold in land in QLD today, even though they may believe they hold an estate in fee simple, is in fact held by the corporation of the State, the Brigalow Corporation and is now the full property of the State. The lending institutions now only hold a statutory title and an interest only in the land by virtue of the Statutory Instruments Act 1992 under which the rules of the Supreme and District Courts are found under section 12 of that Act.
The owners of that property taken by the corporation can only hope that the corporation has not used your real property as an asset to borrow funds for the corporation for whatever purpose. If the independent State corporation fails or borrowing is too extensive, it will again be the sovereign people who will bear the financial consequences.
Your Deed of Grant in fee simple is now a statutory title only, and that title is upheld by the civil laws of the Supreme and District Courts of the corporate Government of QLD and the Judges of the Supreme and District Courts who are inside the Government
Your land is now held by the Government of QLD in the Brigalow Corporation with no compensation paid to you for that acquisition. For “Even though the King may not enter” (Plenty v. Dillon [1991] HCA 5; 171 CLR 635 F.C. 91/004 (7 March 1991) the QLD Government and the delegated authorities thereof can, without fine or legal interference.
To have QLD become an independent Sovereign State and to remove the common
law, set up statutory civil law and have Queensland not recognize the Commonwealth of
Australia Constitution Act but only that Act from section 9 onwards, a full referendum
would have been required of the people of the Commonwealth of Australia to enact,
validly, that QLD, from 29th January 1999 was now independent of the Commonwealth of
Australia and a State in its own right.
That did not happen.
In the Second Reading Speech for the Constitution the Premier stated that the Constitution would be 'broadly accessible' to the people of QLD. Considering that this Act has effectively removed all common law property rights from the people of QLD it should, one would reasonably assume, have been put to a referendum of the people.
The sovereign people of the Commonwealth of Australia have never been required at a referendum by virtue of section 128 of the Constitution of the Commonwealth of Australia to vote to allow "the State" of QLD to fracture the Commonwealth and become an independent sovereign state.
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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