Archive for the ‘Governments and Law’ Category
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?
No Trespassing Sign
The following information is based on my own research and knowledge of our Australian Law. The author and publisher disclaim all liabilities in connection with the use of this information. Under the public benefit social security scheme, citizens may be subrogating their common law rights. It is the responsibility of all individuals to understand their contracts within the public system.
You may download the high resolution NO TRESPASSING sign in PDF form here:
Flora News also has a great article on Fee Simple Title Property Rights. A must read!!
A Short Lesson in Public Law
The following information is based on my own research and knowledge of our Australian Law. The author and publisher disclaim all liabilities in connection with the use of this information Under the public benefit social security scheme, citizens may be subrogating their common law rights. It is the responsibility of all individuals to understand their contracts within the public system.
The Sovereign electors confirmed in the 1984 referendum (Question 2) that the power of the State CANNOT override Commonwealth Law. This protection also confirmed in s109 of the Australian Constitution. This makes the Australian Act 1986 null and void and any State Parliamentary Act that stems from the Australian Act also of no effect to a Sovereign Subject. The creation of Public Law in Australian must conform to section 58 of the Commonwealth Constitution, requiring Royal assent to all proposed Bills. This instruction, procedure and process cannot be compromised. In effect, the Road Safety Act 1986 (Vic), and the Infringement Act 2006 (Vic), both absent of Royal assent, are without doubt foreign private acts, and unenforceable in the Public, unless by the expressed consent of the Sovereign Subject.
An Act with Royal assent will begin with:
BE IT ENACTED by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
A Private (non public) act will begin with:
The Parliament of Victoria enacts as follows:
The same legal logic applies to our court systems. All MAGISTRATE Courts operating in Australia, are acting as private courts, as a private commercial arbitration, as a star chamber court (as defined under Habeas Corpus), as a court under limited jurisdiction. No MAGISTRATE court will exercice “their” private courts under Federal Juristiction as their private state Magistrate Courts Act 1989 Sec100 (2) has removed this public right, for their own protection. This is in direct violation with Sections s71 (all State courts to operate under Federal Juristiction) and s80 (Trial by Jury) Commonwealth Constitution. In effect they are unfit to exercise any jurisdiction in any matter either civil or criminal, without the expressed consent of the Sovereign Subject.
In conclustion, any and all attempts to contract prejudicial to a Chapter III Constitutional (Public) Court is VOID.
Furthermore, any and all MAGISTRATE courts cannot produce a Commonwealth Court Order affixed with the Royal Public Seal Identifier as required under the Evidence Act 1958 (Victoria) Section 78 and Evidence Act (Commonwealth) Section 150 and 151, to demonstrate any civil or criminal conviction. Public law under s12 of the Bill or Rights requires a Conviction before a fine can be issued. These actions are both a breach of contract for failure to provide consideration, and an attempt to pervert justice under s43 of the Crimes Act 1914 (CTH).
All Sovereign Subjects must expressively deny being subject to the jurisdiction of any and all Acts of Law which have not received Royal assent, deny being any kind of Citizen, and deny being subject to any and all commercial legislative tribunals under limited jurisdiction, or anything of like character.
Trust Law
A very interesting talk segment/videos concerning trust law and remedies withing political systems:
Frank O’collins – UNIVERSITY OF UCADIA
David Clarence – Estate Executor Letter
Howard Griswold Audio February 10, 2011 Constructive Trust, Executor, Bonds Registration of Private Property
Bill Turner – THE LAW AND YOU