Constitution Alteration (Local Government) 1988) on the 3 September
To alter the Constitution to recognize Local Government.
Proposed new Section 119A; in Chapter 5. The States. Section 119;
Each State shall provide, for the establishment and continuance of a system
of local government, with
local government bodies, elected in accordance, with the laws of the State
and empowered to
administer and to make by-laws, for their respective areas in accordance with
the laws of the State.
Electors were asked; Do you approve this proposed
Result of Referendum was NO.
There is no third government such as local government in the Federal Constitution.
After the Referendum, the following example, should of been entered in to
Each State and Territory shall not provide;
For the establishment and continuance of a system of local government, with
local government bodies
elected in accordance with the laws of the State and empowered to administer
and to make by-laws,
for their respective areas in accordance with the laws of the State.
The ignorance and arrogance of the States and Territory Parliaments to continue
Government, using the exact words, in the proposed new Section 119A, Referendum.
More appropiate to enter this in to Section 108 as
proposed new Section 108A;
Section 108. Every law in force in a Colony which has
become or becomes a State and relating to
any matter, within the powers of the Parliament of
the Commonwealth, shall, subject to this
Constitution, continue in force, in the State and until
provision is made, in that behalf by the
Parliament of the Commonwealth, the Parliament
of the State shall have such powers of alteration
and of repeal, in respect of any such law, as
the Parliament of the Colony had,
until the Colony became a State.
Sections 106, 107 and 108 of the Commonwealth Constitution allow for continuance
held by the states at the time of Federation, subject to the Commonwealth
provided those powers did not conflict with the powers of the Commonwealth
in which case the Commonwealth powers take precedence.
Since the 'Local Government Act 1989' did not exist at the time of Federation,
there can be no
continuance of that Act. Since the Parliament of the State of Victoria did
not have the power to
impose a land rates tax under the Local Government Act 1989 (or any other
Act) at the time
of Federation, there can be no continuance of that power.
Since a 'Rateable person under the Local Government Act 1989' (or any other
act) did not exist at the
time of Federation, there can be no continuance of the term 'rateable person'.
High Court of Australia ruled that "State Governments could not raise ANY
and because of this the 'State Excise on Fuel, Tobacco & Alcohol' was
Since the people do not wish to recognize local government and since the
Constitution does not
recognize or grant the power to establish a third level of government, then
under Section 109 of the
Constitution it is illegal for any State or Territory Parliament to enact
any Local Government Act.