An Act to
enable Her Majesty to assent to a Bill, as amended, of the Legislature
of Victoria, to establish a Constitution in and for the Colony
of Victoria.
[16th July 1855.]
.
WHEREAS
the Legislative Council of the Colony of Victoria, constituted and
assembled by virtue of and under the Authority of an Act of Parliament
passed in the
Fourteenth Year of Her Majesty, Chapter Fifty-nine, intituled
An Act for the better Government of Her Majesty's Australian
Colonies,
did, in the Year One thousand eight hundred and fifty-four, pass
a Bill, intituled
An Act to establish a Constitution in and for the Colony
of Victoria:
.
And whereas the said Bill was presented for Her Majesty's Assent
to the then
Lieutenant Governor of Victoria, and the said Lieutenant Governor
did thereupon declare
that he reserved the said Bill for the Signification of Her Majesty's
Pleasure thereon:
.
There shall be established in Victoria, instead of the Legislative
Council now subsisting,
One Legislative Council and One Legislative Assembly, to be severally
constituted in the Manner
herein-after provided; Her Majesty shall have Power, by and
with the Advice and Consent of the said
Council and Assembly, to make Laws in and for Victoria, in
all Cases whatsoever.
************
.
The
Commonwealth of
106. The Constitution of each State of the Commonwealth shall,
subject to this Constitution,
continue as at the establishment of the Commonwealth, until altered
in accordance (agreement) with
the Constitution of the State.
My question;
If the full House of any State Parliament has not passed Legislation
assented to by the State Governor
to alter
the State Constitution subject to Section 106 of Commonwealth of Australia
Constitution Act
then what
authority the State Parliament has to pass any Legislation to become law?
.
Subject to Section 106 of the
The existing Constitution Act 1975
for that reason has no legal meaning.
.
l). Under what authority of Constitution 1975 does the department
of premier have and;
.
2). Governor now transferred to, Portfolio Agencies, where the
name of the Governor not mentioned.
.
3). Under what authority the Parliament
have to pass a Statute to where the Governor; has been
directed by delegated legislation to create Regulations to any
Act under the Constitution 1975.
.
4). I demand that you provide to this court and in this court
the Road Safety Act 1986
has the correct accent clause and the actual signature of the
Governor and name of
the Governor printed in plain English.
Subject to; An Act to establish a Constitution in and for
the Colony of
.
5). The reason being that legislation
of an Act must first be questioned as to the
Constitutional meaning of that law before any evidence can be
presented.
If the legislation has no Constitutional meaning then the accused
shall have no case to answer.
.
6). The Local Government Act 1989 created local government. What
authority under the
Constitution 1975 does the Parliament have to create local government,
is this the
creation of a new State within the existing State of
.
7). A new State must be created by a Referendum of the People
of the State where it can have a
Government and a Parliament in the Right of that State. Commonwealth
Constitution Section 121.
.
8). But there is at present local government with a "corporate
governance" and the
councillors being members of this parliament then pass these "By-laws"
to become law.
But no accent clause.
.
9). Greater
Dandenong ABN 41 205 538 060; is a Company
that has corporate governance
through councillors.
.
Under what authority the Shire Councils have to effectively claim
to be Owners of any
road or parking area to charge and demand a fee from the vehicle
Owner or subject to
the
Infringement Act 2006 may claim property?
Australian Criminal Code Act 1995. PART 2.3 Division 9 (9.5) section (3) Claim of Right.
.
l0). Under the "Constitution in and for the Colony of
the Shire Councils have to make any law including claiming the
right to charge rates (tax).
.
Are the Shire Councils above the following Sections LV1, LV11
and LV111 of the,
"Constitution in and for the Colony of
*************
Department of Premier
and Cabinet: About Cabinet;
Cabinet
is the principal decision making body of the Government. It consists of
all Ministers of
the Crown and the Cabinet Secretary.
The Premier, as the leader of the Government, is the Chairperson
of Cabinet.
Cabinet is a formal meeting of Ministers but has no legal powers
or status.
For example, there is no reference to Cabinet contained within
.
Its decisions have no formal force until they are either put into
effect by its individual members
as Ministers, or until they are endorsed by the Governor in Council
or until legislative proposals are
enacted by Parliament. However, by virtue of the authority that
Members of Parliament accord to
Cabinet, it is the vehicle through which the decisions of the
Executive are determined.
.
My opinion of
Cabinet;
This is treachery and is arrogance to the People
who are the Electors.
Premier has replaced the Governor who has been transferred to
Portfolio Agencies.
The Premier
and Attorney General, have claimed to be the leader of the Government
and the,
Chairperson of Cabinet. Cabinet is a formal meeting of Ministers
but has no legal powers or status.
For example, there is no reference to Cabinet contained within
.
The organisation chart will show that the Governor is in a separate
area and now not in the position as
the Attorney General and Constitutional Leader of the Government. And
based on the State Constitution,
is not in a position to be the governor in council, for this reason
can not appoint any judge or magistrate.
Under the Crimes Act 1914 Part 2 Section 24AA, this is treachery.
.
So in
my opinion all these acts have not been passed by a Parliament subject
to any Constitution.
Which also means that all judges and magistrates
or VCAT or any court can not have any judicial power.
They are all a defacto or care-taker,
government and parliament and courts.
Terminology
is the science of proper use of terms. And no judicial decision
of terminology of the
position of Governor and accenting to Legislation,
can alter any State Constitution as stated in,
.
15 Reading the grounds of appeal and the submissions together,
the
issues of concern to the appellants
appear to be the following.
Ground 1 - Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 (WA)
.
.
16 This ground is concerned with the passage
of the abovementioned
2003 Act. It is contended
by the appellants that the Local and
District Courts of
administer law within the State
since the passage of that Act. The
concern appears to be that
the Act has "removed Her Majesty and the
Crown" from a large
number of Acts within
the District Court of
Courts Act 1904 (WA).
****
Sam's view;
Sam’s
view is that the words as underlined has no Consent Clause
then
Act is invalid or is this subject the Crimes Act 1914 section 24AA?
****
xx 17
The Act referred to changes the terminology in a large number of
statutes of
or to her Majesty are
changed to references to the Governor or the
State. The first observation
to be made about the Act is that it
purports to change terminology
only, not constitutional reality. That
is, it does not attempt
to alter the relationship between the Crown
and the various bodies
contained within the Acts amended.
xx 18 There is no constitutional prohibition upon the
alteration of the terminology which refers
to the Crown or to her Majesty. Further, the changes
of terminology contained within the
Acts Amendment and Repeal (Courts and Legal Practice) Act
2003 are consistent with
constitutional reality. The Governor is, for constitutional
purposes, effectively the Queen's
representative in Western Australia (s 50 State Constitution)
and so is, for practical purposes,
"her Majesty" within Western Australia.
18a The "State" is simply another way
of referring to the executive power of the Crown in right of
the State of Western Australia. Parallel terminology can
be found in the Commonwealth Constitution.
For example, although the Commonwealth Constitution provides, by
s 61, that the executive power of
the Commonwealth is "vested in the Queen and is exercisable by
the Governor-General as the
Queen's representative", a number of sections of the Constitution
refer simply to "the Commonwealth"
as a shorthand expression for the entity exercising that executive
power. A striking example is s 119,
which provides that "the Commonwealth shall protect every State
against invasion".
.
19 As is explained in a text book popular in constitutional
law
courses, "when we talk of
the Crown in the context of Australian
government in the late twentieth
century, we refer to a complex system
of which the formal head
is the monarch. We do not refer to a replica
of sixteenth century
English government, where real power was vested
in and exercised by the
monarch personally. Rather, we mean that
collection of individuals and
institutions (Ministers, public
servants, a Cabinet, the Executive
Council, a Governor or
Governor-General, and statutory agencies)
which exercise the executive
functions of government" (Hanks & Cass,
"Australian Constitutional
Law: Materials and Commentary",
6th ed (1999) at [7.1.6]).
****
.
Sam’s view in paragraphs 16, 17,
18, 18a and of 19;
Sam’s view is that
the words as underlined are not based on
Chapter 2 Sections 61, 62, 63 and 64 of the Federal Constitution.
****
.
.
.
20 The Acts Amendment and Repeal (Courts and Legal Practice)
Act
2003 effects no constitutional
alteration. Even if it did, and even if
it did so invalidly,
the consequence would not be that the Courts
suddenly lacked jurisdiction.
The only consequence of that Act having
been passed in a manner
which was constitutionally invalid, would be
that the Acts Amendment
and Repeal (Courts and Legal Practice) Act
2003, or portions of
it, would be invalid and that the Courts and
bodies in relation to which
it purported to amend terminology continued
to function, but under
the former terminology.