Can the Commonwealth fund a Third Tier of Government known as Local Government?

Is there a power to fund local governments that fail to be recognised under the Constitution? Is it not our Right for Government to be open and transparent of the mechanisms used to do that which appears to be beyond the power of the Parliament? We present this and encourage any correction to establish the truth.

2 pages.

Letter FOI19106


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State Laws and Records Recognition Act 1901.

“Courts within the Commonwealth” includes the High Court and all Federal Courts and Courts exercising federal jurisdiction, the Inter-State Commission when sitting as a Court for the hearing or determination of any matter, and all Courts of the several States and parts of the Commonwealth.

All Courts within the Commonwealth shall take judicial notice of the impression of the seal of any State without evidence of such seal having been impressed or any other evidence relating thereto.

STATE LAWS & RECOGNITION ACT 1901

STATE & TERRITORY LAWS1928


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Supreme Court ORDINANCE ~ Western Australia 1861.

SUPREME COURT ACT 1935 – SECT 16

16 .         General jurisdiction

(1)         Subject as otherwise provided in this Act, and to any other enactment in force in this State, the Supreme Court —

(a)         is invested with and shall exercise such and the like jurisdiction, powers, and authority within Western Australia and its dependencies as the Courts of Queen’s Bench, Common Pleas, and Exchequer, or either of them, and the judges thereof, had and exercised in England at the commencement of the Supreme Court Ordinance 1861 5 ; and

(b)         shall be at all times a court of oyer and terminer and general gaol delivery in and for Western Australia and its dependencies; and

(c)         is authorised, empowered, and required to take cognizance of and hold all pleas and all manner of causes, suits, actions, pleas of the Crown, prosecutions, and informations, whether civil, criminal, or mixed, with the same and as full power within Western Australia and its dependencies to hear, judge, determine, and execute therein, as the Courts of Queen’s Bench, Common Pleas, and Exchequer, and as justices of oyer and terminer and general gaol delivery, had in England at the commencement of the Supreme Court Ordinance 1861 5 , and as shall be necessary for carrying into effect the several jurisdictions, powers, and authorities committed to the Court, and shall adjudge and determine in all and every the same matters according to the laws and statutes of the realm of England in force in Western Australia, the laws and statutes of Western Australia, and the Acts of the Commonwealth of Australia; and

(d)         shall be a court of equity, with power and authority within Western Australia and its dependencies —

(i)         to administer justice, and to do, exercise, and perform all acts, matters, and things necessary for the due execution of such equitable jurisdiction as, at the commencement of the Supreme Court Ordinance 1861 5 , the Lord Chancellor of England could or lawfully might have done within the realm of England in the exercise of the jurisdiction to him belonging; and

(ii)         to appoint guardians and committees of the persons and estates of infants, lunatics, and persons of unsound mind according to the order and course observed in England, and for that purpose to inquire into, hear, and determine by inspection of the person the subject of inquiry, or by examination on oath or otherwise of the party in whose custody or charge such person is, or of any other person or persons, or by such other ways and means by which the truth may be best discovered, and to act in all such cases as fully and amply to all intents and purposes as the said Lord Chancellor or the grantee from the Crown of the persons and estates of infants, lunatics, and persons of unsound mind might lawfully have done at such date.

(2)         There shall be vested in the Supreme Court and the judges thereof all original and appellate jurisdiction which, under and by virtue of any statute which came into force in Western Australia after the commencement of the Supreme Court Act 1880 6 , and is not repealed, was immediately before the commencement of this Act vested in or capable of being exercised by the Court or a judge thereof, and such other jurisdiction as by and under this Act or any subsequent statute or otherwise is conferred on or vested in the Court and the judges thereof.

(3)         The jurisdiction vested in the Court and the judges thereof shall include all ministerial powers, duties, and authorities incident to any and every part of such jurisdiction.

ORDINANCE 1861


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Does an Instrument exist giving license to create the Queen & Crown of Australia?

If an enumerated power fails to exists within the Commonwealth Constitution to create a pretend adopted title of Queen in conflict with the entrenched requirement found within the  covering clauses, how can a valid claim to this fact be without merit unless it is to decieve an unsuspecting public based on a general acceptance beyond the power of the Federal Parliament.

“A fraud does not become valid with the passage of Time…”

4 pages.

FOI18276 – signed decision letter

In respect of allegiance to her Majesty, we compel the reader to explore this link below to understand if allegiance can be transferred to an adopted title beyond power of the Parliament?

Can Allegiance be forfeited, cancelled or changed?


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Inquiry into Electronic Voting.

Electronic voting has been trialled or implemented in six of Australia’s nine electoral jurisdictions, with each jurisdiction adopting different practices and systems. However, as noted by Taylor in his review of Australia’s electronic voting systems, electronic voting “has mostly been used for those with [disabilities and a restricted franchise], and has not until recently been seen as an option for mass voting”.53 Given Australia’s long history of electoral innovation as the creator

of the secret vote and early adoption of flexible voting methods – postal voting was first developed in colonial South Australia – there has been considerable critical and public discussion about why electronic voting is not a more central component of Australia’s electoral democracy. This chapter explores some of the reasons behind this.

Inquiry_into_electronic_voting_HDMYyfRd


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BALLENTINE’S LAW DICTIONARY ~ JAMES A. BALLENTINE THIRD EDITION

Of the law dictionaries in current use, some are combinations of the dictionary and of the encyclopedia. That is, they contain much historical and explanatory matter which is outside of the proper sphere of a dictionary and at the same time they are too brief in respect to their historical and explanatory data to be relied upon as exhaustive. Others of these dictionaries, while confined within proper dictionary limits, jdo not define a sufficient number of terms to be of practical use, the result being that one must often consult two or more of them in order to find any definition for an ordinary word or term.
The main effort in this work has been directed at the omis¬sion of whatever belongs exclusively in an encyclopedia and the inclusion of as many words, terms and phrases as possible which are peculiar to the law or which have meanings which are peculiar to the law.
It is the hope of the writer that the profession will find in the book an accessible, convenient and helpful desk companion.

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PROTECTION OF HUMAN GENETIC INFORMATION

The Protection of Human Genetic Information in Australia (ALRC 96, 2003) represents the culmination of a major, two-year inquiry by the Australian Law Reform Commission (ALRC) and the Australian Health Ethics Committee (AHEC) of the National Health and Medical Research Council (NHMRC). The Report, which contains 144 recommendations for reform, is the product of an extensive research and community consultation effort—the most comprehensive consideration of the ethical, legal and social implications of the ‘New Genetics’ ever undertaken.

1164 pages

PROTECTION OF HUMAN GENETIC INFORMATION


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DECLARATION ON THE ESTABLISHMENT OF A NEW INTERNATIONAL ECONOMIC ORDER

The pre-runner to the Lima Agreement and Agenda 21, this is the UN blueprint for a new economic order based on the redistribution of wealth from the developed countries of the world into the waiting hands of the undeveloped nations of the world.

3 pages

NEW INTERNATIONAL ORDER


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WARRANTS AND PATENTS.

By Warrant under The Queen’s Sign Manual these are submitted to I he Queen by a Secretary of State (usually the Home Secretary). These Warrants are prepared by the Crown Office on receipt of instructions from the originating 1)epartment known as a “gi\ing effects letter”. .\lIer Ihe Queen has signed the Warrant. the submitting Minister signs it and upon its return to the Crown Office, the Lord Chancellor signs. or “recepis” it to acknowledge receipt of the instructions. The “recepi” is the Crown Office’s authority to use the Great Seal. If the submitting Minister is not aailable to sign the Warrant, the Lord Chancellor may sign on his behalf see section 2 of the (ireat Seal \et 1884

WARRANTS AND PATANTS


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Are Royal Commission’s validly Commissioned under the Seal of the Commonwealth?

ROYAL COMMISSIONS ACT 1902 – SECT 16

Evidence of issue of Commission etc.

             (1)  In all legal proceedings the production:

                     (a)  of a document purporting to be Letters Patent in the name of the King, and purporting to be signed by the Governor-General and to be sealed with the seal of the Commonwealth, and purporting to be directed to any person or persons and to appoint the person or persons to be a Commissioner or Commissioners to make inquiry into any matter, or to authorise or require the person or persons to make inquiry into any matter


EVIDENCE ACT 1995 – SECT 150

Seals and signatures

             (1)  If the imprint of a seal appears on a document and purports to be the imprint of:

                     (a)  a Royal Great Seal; or

                     (b)  the Great Seal of Australia; or

                     (c)  another seal of the Commonwealth; or

                     (d)  a seal of a State, a Territory or a foreign country; or

                     (e)  the seal of a body (including a court or a tribunal), or a body corporate, established by a law of the Commonwealth, a Territory or a foreign country; or

                      (f)  the seal of a court or tribunal established by a law of a State;

it is presumed, unless the contrary is proved, that the imprint is the imprint of that seal, and the document was duly sealed as it purports to have been sealed.


ROYAL COMMISSION ACT 1902

The Great Seal

The Governor-General’s Letters Patent issued in 1900 provided for a Great Seal for use by the Governor-General. Its purpose is to authenticate certain official documents. The Great Seal of Australia is used by the Secretariat to seal official documents in accordance with the terms of the Royal Warrant issued by The Queen to the Governor-General on 19 October 1973.

The Great Seal of Australia is affixed to commissions of appointment of Governors-General, Administrators, Judges, Officers of the Defence Force, Ambassadors and Consuls. The Great Seal is also applied to documents such as proclamations, administrative arrangements orders, orders under section 4 of the Commonwealth Inscribed Stock Act 1911, orders under section 19 of the Acts Interpretation Act 1901 and letters patent. It is circular in shape and approximately seven centimetres in diameter – documents requiring the Great Seal should be printed on parchment and prepared so as to allow sufficient space for it to be affixed.

62 pages.

federal-executive-council-handbook-2019-converted


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