The Process of Law Making in Australia
The following extract comes out of the Fourth edition of “An Introduction to the Law of Contract” 2009 by Stephen Graw, Solicitor of the Supreme Court of Queensland.
Titled: The Australian Law-Making Bodies
“The draft of a proposed Act of Parliament is referred to as a Bill. A Bill consists of a series of numbered clauses usually drafted by the parliamentary counsel at the request of the government and it is introduced a Parliament by the appropriate Minister.
Each Bill has to go through three readings in each House of Parliament. At the first reading, the title of the Bill is merely read and a formal motion is made that it be read a first time and printed. There is no debate and, if the motion is carried, a date for the second reading is fixed. At the second reading, the Bill is debated on general principles rather than on detailed provisions. The Bill is not amended at this stage. If the motion for a second reading is passed, ,the Bill is refereed to a Committee for a detailed clause-by-clause examination and specific amendments are debated. If the motion for a third reading is carried, the Bill is deemed to have passed through that House. The Bill is then sent to the other House of Parliament where a similar procedure is followed. If a Bill passed both Houses it is submitted for Royal Assent, which is given by the Queen or her representative-the Governor General or the relevant State Governor or the territory Administrator as the case may be. After Royal Assent the Bill becomes an Act of Parliament and it becomes law from the date of its proclamation.”
This process of law making in Australia is verified under s58 of the Australian Constitution and s22 of the Australian Courts Act 1828.
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 58
Royal assent to Bills
When a proposed law passed by both Houses of the Parliament is presented to the Governor General for the Queen’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure.
Recommendations by Governor General
The Governor General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.
Australian Courts Act 1828
Section XXII
That every Law or Ordinance so to be made as aforesaid, shall within Seven Days from the date thereof, be transmitted by the Governors of the said Colonies respectively to the Supreme Court, to be enrolled and recorded, and at the expiration of Fourteen Days from the Day of the Date thereof every such Law or Ordinance so to be made as aforesaid shall take effect.
A very important referendum result to consider in this matter was question 2 of the 1984 referendum, which was titled “Interchange of Powers”. This proposal sought to change the Constitution for the approval of the Commonwealth and the States to refer powers (interchange) to each other voluntarily. The writ was issued on the 26th of October 1984. The referendum was NOT carried. Nationally 47.06% of electors votes YES. It seems this proposal was an attempt to terminate the protective clause of s109 of the Australian Constitution which deals with inconsistencies of law between State and Commonwealth.
So why does every Victorian Act since 1986 state “The Parliament of Victoria enacts as follows:” ?
Research points to the introduction of the Australian Act 1986. This unlawful Act has given State Parliament’s the authority to exercise sovereignty and thus enabled them to create and pass laws inconstant to Commonwealth law by avoiding the requirement of Royal Assent. The Australian Act 1986 did not receive Royal Assent, failed a referendum, thus is Ultra Virus.
In the absence of Royal Assent, all Australian Subjects are instructed to treat an Act of law as null and void and unenforceable in any Court within the Commonwealth. If the laws of Australia are ecclesiastical and the supreme absolute and uncontrollable authority remains with the people, then why is this criminal behaviour continuing in this Christian Nation?
