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David Flint ACM . David, I read the onslaught you stated upon the republican movement but really the monarchist are no better and why not finally put to getter a real forum of monarchist and republican and consider matters upon constitutional basis? .
Hansard 2-3-1898 Constitutional Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. SYMON (South Australia).That is, for admission into this political Union, which is not a republic, which is not to be called a dominion, kingdom, or empire, but is to be a Union by the name of "Commonwealth," and I do not propose to interfere with that in the slightest degree. END QUOTE And Hansard 2-3-1898 Constitutional Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. BARTON.-I did not say that. I say that our real status is as subjects, and that we are all alike subjects of the British Crown. Dr. QUICK.-If we are to have a citizenship of the Commonwealth higher, more comprehensive, and nobler than that of the states, I would ask why is it not implanted in the Constitution? Mr. Barton was not present when I made my remarks in proposing the clause. I then-anticipated the point he has raised as to the position we occupy as subjects of the British Empire. I took occasion to indicate that in creating a federal citizenship, and in defining the qualifications of that federal citizenship, we were not in any way interfering with our position as subjects of the British Empire. It would be beyond the scope of the Constitution to do that. We might be citizens of a city, citizens of a colony, or citizens of a Commonwealth, but we would still be, subjects of the Queen. END QUOTE

The Commonwealth cannot be dissolved from the British Crown as it was indissoluble and any purported indissoluble Commonwealth under a Queen of Australia not being the British Crown would clearly be ULTRA VIRES. . Currently we have this nonsense of an "Expert panel" to consider the amendment of the constitution to recognise "local government" and as a CONSTITUTIONALIST I am concerned that even a former chief Justice is involved in this nonsense. After all "local government" has been part of the constitution and was recognised as a level of government and so intended by the Framers of the Constitution to be a level of government. My books in the INSPECTOR-RIKATI series on certain constitutional and other legal issues I have canvassed this issue extensively. Oops, I came as an alien from The Netherlands and well not having had any formal education in the English language read English in my kind of crummy English. . The usage by the Framers of the Constitution is that central government is the Federal Government and Local government is the State government. . The mere fact that municipal/shire councils are commonly referred to as local government in itself cannot mean the constitution is amended somehow to contemporary views. As if this were so then

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any different usage of meaning such as Queen in gay matters would mean a reference to a gay person rather then a monarch. So when the Framers of the Constitution referred to local government they did mean State government and as such it all along part of the constitution and if not even achieve justice now leading the panel can understand/comprehend that he seeks to pursue something that already exist then what use is there having any inquiry at all. If however he seeks municipal/shire councils to replace State governments as being local government then let him state so. If he seeks to add a municipal/shire council as a local government then surely he should make people aware that this would clash with the State government constitutional position being local government And so it must convert the State government current position as a local government as that of being an intermediate government. Which means we will get 4 levels of government because the British parliament and so shared with the European Union will still continue to have its level of Government. Oops, that is something most lawyers never realized either.
The panel chair http://www.regional.gov.au/local/crlg/panel.aspx QUOTE The Honourable James Spigelman AC QC was appointed Chief Justice of the Supreme Court of New South Wales in 1998 and retired in May 2011. END QUOTE
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Ok, let us look at the Pincivics cass that was in 2009 before the Supreme Court of New South Wales. The ATO (Australian Taxation Office) had then the case against the Pincivics claiming about $30 million against the Pincivics. So, the pincivics turned up at the court only to be told that the Court in absenteeism of them had already issued its orders a week earlier, even so the Pincivics had no knowledge of this hearing being held. Now, I do not know how many $30 million court cases are eventuating, but when this was so conducted under the management of Spigelman as Chief Justice and the ATO as I understand it knew it falsified details as to achieve the orders EX PARTE and then use these orders so to say to TERRORISE the Pincivics (I consider to be BLACKMAIL) for them to disclose details the ATO otherwise couldnt obtain then I wonder if this kind of management style will now be used with the Expert panel?
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Hansard 21-9-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE The Hon. Dr. COCKBURN: . Unless we have some great civil war, which will confuse all the issues and blur all the party lines in Australia, and which I hope we shall never have, we shall have the same parties here as existed from the first in America. Parties will be clearly defined: there will be those who wish to see local government, home rule, and state entity preserved; and those who wish to see all these safeguards of the liberty of the people blurred, confused, and obliterated in a central government, which will be situated at [start page 952] a place too far distant for the people of Australia ever to be able to ensure effect being given to their views. I thoroughly believe that this last proposal maybe looked upon as, indeed, a proposal for finality. It is a final proposal for the extinction of the senate, of state rights, and of liberty. END QUOTE

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Hansard 22-9-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE

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The Hon. A. DEAKIN: In Canada the central government retains the residue of powers; here they do not! Mr. GLYNN: I understand that. One of the grounds of the decision is that a license which amounted, practically, to a prohibition of sale was void-that the residue of powers remained with the central government, and that the local legislatures were limited to such powers as they got by express delegation. But beyond that, there were other grounds: that they had no such power, because it was an interference with the powers of direct taxation conferred on the central government. END QUOTE

Hansard 9-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) (Chapter 33 of the CD) QUOTE Mr. HIGGINS.I think an alteration with regard to the rest of the Constitution, what I may call the machinery part, ought to be much easier than the forms for altering the Constitution with regard to the powers conferred by the states on the Federal Commonwealth. If a number of the states come together and say-"We are willing to surrender certain powers to the Central Government, END QUOTE Hansard 27-1-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. LEAKE (Western Australia).-When this question was before the Convention in Adelaide I had no opportunity of casting my vote for or against the proposal, because with other members of the Western Australian delegation I had already returned to my own colony. For that reason, I do not wish to give a silent vote upon this occasion. It is my intention to vote against the amendment, because I am impressed with the argument that this is a matter not so much for the Federal Government as for the states Governments. The contention that to insert the proposed words would do no harm because they are more idle words does not seem to me to be based upon sound reason. If honorable members have been impressed by the warning given to us by the Premier of New South Wales a few days ago, they will see that words of this sort are not inserted in the Constitution. If this power is given to the Central Government the states Governments will be deprived of the right to legislate upon the subject. END QUOTE

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14th May 1900 House of Commons Hansard. Vol 1900 P 46. THE SECTRETARY OF STATE FOR THE COLONIES ( Mr J Chamberlain Birmingham W.) QUOTE It will be obvious to the House that the question of delegation of powers may be an Imperial interest. It may be of the utmost moment to the Empire to know whether a certainpower has been delegated to to the Colonial legislature. On the other hand the question of how such powers are to be distributed as between the general legislature of the Central Government of the Australian Dominion of the queen and the legislative Governments of the States is a matter which concerns Australia. The extent of the delegation may be an Imperial Interest. END QUOTE

. Obviously the Commonwealth wouldnt want me to be part of any panel because I wouldnt suit its intentions to make sure we do not have some con-job referendum. . Look at the 1967 s51(xxvi) con-job referendum where rather Aboriginals were benefitting from it the truth was that it was adverse to them and only could have been because of the historical meaning and application of s51(xxvi). The Australian Greens if anything are in my view betraying the Aboriginals WHILE PRETENDING THEY CARE. This however is another story I have set

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out in my various books published in the INSEPCTOR-RIKATI series on certain constitutional and other legal issues. . We should never seek to tamper with the constitution as to amend it where those who are inviolved really havent got a clue what the constitution meaning is and so its application. . Being it former Chief Justice Spigelman or others of the panel I have no doubt that if I were to put each of them on a test of constitutional issues each and I mean each of them would fail such a test because if anything this can also be shown how for example the New South Wales courts have been enforcing State land taxes (like other states) even so since 11 November 1910 became an exclusive Commonwealth power! ?Well if the courts doesnt even understand/comprehend this then let no one boost about any track record as a judge because to me it rather is a scandalous record where so many landholders were robbed by the billions of dollars on unconstitutional State land taxes. .If we are going to have any Expert panel at all then at least include someone who has the comprehensive knowledge about what the true meaning and the application of the constitution is. On 19 July 2006, after a 5 year epic legal battle, I comprehensively defeated the Commonwealth that compulsory voting was unconstitutional Yet, we find that despite this people are still fined by municipal councils, state governments and the federal government and this underlines that mayors, ex mayors, councilors, ex councilors, politicians and judicial officers or former judicial officers may have a life time experiences but in the end may really be so to say totally useless when it comes to considering and recommending any amendments because they all lack the very understanding what the current constitution permits and what it actually stands for. . Basically my grandchildren born this year would make far more sense as they too wouldnt have a clue what is constitutionally applicable but neither would utter any nonsense and so they would in that regard do a better job because we then are all spared of their nonsense. . As an INDEPENDENT candidate in Victorian state elections of recent in both occasions I had that municipal councils were involved removing my political signage but not that of other candidates where my signage was to promote what was constitutionally appropriate such as that municipal/shire councils should not increase rates for pensioners and other welfare recipients above the CPI (Consumer Price Index) as they are bound by the Federal policy that such payments are now increased by CPI. As such municipal councils wanting to avoid I be elected went about m=removing mine but not other candidates political advertisements and indeed including using knives to slash material that both were subject to police criminal investigations. Now, this is the kind of conduct that now arises from elections where councils have placed themselves above the rule of law. For the record the issues concerned were reported to the state government inquiry and so with it photographs to prove it all! This kind of thuggish conduct by municipal councils in my view underline how dangerous it is to have them occupying any special position because then it only may get worse. . We have a constitution and it is and remains under the British Crown, regardless what any judicial officer say pretend otherwise because of their republican contemporary views. . Any6one who desires to amend the constitution should keep in mind this must be done in an appropriate manner and not so to say stacking an so called Expert panel with people who more then likely as it appears to me would have no clue what they are on about because they cannot even understand/comprehend their own English language as they were brainwashed from onset to accept that local government means municipal/shire council rather than meaning State Government.

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As for the purported Local Government Act passed by the various States, well that is also extensively canvassed in my past publications that it was and remains to be ULTRTA VIRES and so without legal force. I will however not now go into details as documents have also been published on my boll http://www.scribd.com/InspectorRikati. . What we therefore need is to finally create a constitutional council that advises the Government, the People, the Parliament and the Courts as to the true constitutional meanings and application! . When we have this constitutional council we may also lay to rest this ongoing nonsense about the formation of a republic how this can be, if at all, constitutionally validly accomplished. .
HANSARD 2-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.-I did not say that. I say that our real status is as subjects, and that we are all alike subjects of the British Crown. END QUOTE

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Hansard 6-4-1897 Constitution convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. DEAKIN: In the first instance, the power of the Crown itself is nowhere defined, and cannot be defined under this constitution. END QUOTE

. Now lets talk sensible in future and get republicans and monarchist together and finally also a constitutionalist like myself so that finally we may get somewhere upon what is constitutionally appropriate. . Gerrit . Mr G. H. Schorel-Hlavkas . 13-8-2011 . .

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