Category Archives: Commonwealth Constitution of Australia
by Jim O’Toole
Senator in exile, Rodney Culleton, after being locked in battle with the corporate Australian legal system since 2016, has filed an action in the High Court of the United Kingdom to have his expulsion from the senate overturned.
Culleton said yesterday he was excited the High Court had accepted his Constitutional argument in the first step to overturn the Australian High Court direction he be thrown out of the senate because of bankruptcy.
“I have never been bankrupt,” he said.
A single judge of the Federal Court issued sequestration orders against Culleton in 2017 freezing his assets in spite of a 21 day stay of proceedings being granted by the Federal Court.
Vexatious litigant and Perth businessman Dick Lester claimed Culleton owed him $200,000 over a failed sale contract on land, a claim pursued hotly by Culleton but he says Federal Court Judge Michael Barker failed to follow court rules, ignored all due process and did not look at his affidavits.
“When I was sworn-in as a senator on August 30, 2016, I swore allegiance to Queen Elizabeth 2 of the United Kingdom, making an oath to uphold the law.
“I did not swear allegiance to the fictitious Queen of Australia.
“This ceremony was witnessed by the Governor General and his deputy.
“It should be noted the Commonwealth Constitution Act of Australia 1900, (UK) remains in force and cannot be repealed by an Australian Government.
“The High Court of Australia does not have the jurisdiction to throw senators or members out of Parliament. Either House has the only jurisdiction under s47 of the Constitution to deal with a Member’s qualification.
“The Constitution is everyone’s contract but we can’t get a remedy in Australian star chambers which don’t recognise the Constitution.”
The HCA has long drawn criticism from those being refused a hearing on Constitutional matters, with litigants claiming the court is not functioning as a Chapter 3 court as required by the Constitution.
Culleton gave the example of any senator or MHR who files an action in the HCA. It is unlawful for the court to hear any evidence relating to parliamentary procedures under s16 (iii) of the Parliamentary Privileges Act 1987, he said.
“As a result they threw out my Motion 163 without having jurisdiction because they are not sitting as a Chapter 3 court operating under the proper Crown.
“There is no such thing as the ‘Queen of Australia’.
Culleton has asked the Law Lords of the Queens Bench to examine his request to debate his senate Motion 163 of 2016 which the Solicitor General filed in the HCA.
The statement of agreed facts filed in the HCA by the Solicitor General states a NSW Magistrate, in Culleton’s absence could not imprison him for the alleged theft of a $7 truck key from his own truck.
This matter could have, if imprisoned, disqualified Culleton from the senate under s44 of the Constitution.
“Motion 163 of 2016 was a requirement passed by the House announcing that Attorney General George Brandis’ referral of November 7, 2016 to the HCA is faulty and that there needs to be further investigation into that faulty action, originally orchestrated by former Senators Parry and Brandis, which was never passed by any procedure of law, ,” Mr Culleton said.
He said the senate could not lawfully vote on Brandis’ December 7 motion at the time because there were insufficient senators present to form a Quorum under s22 of the Constitution and the relevant material was withheld from the chamber by Senator Brandis and Senator Pauline Hanson.
Culleton’s legal team remains in London until a hearing date is set by the full bench.
from Jim O’Toole
This expensive, paternalistic exercise will, if enshrined in the (Claytons) Constitution will cost every Australian a fortune for ever more. The first thing the militant blackfellas will demand is rent be paid to every one of them in the country. The majority of those claiming to be black all appear to be largely white. What a bonanza for the lawyers and those white men who reckon they once lived in gunyahs.
If Shorten and his Labor Party band of carpetbaggers, lesbians and poofters get a majority at the federal election the blackfella bonanza will be legislated. According to the ALP the Commonwealth Constitution of Australia is only useful to kick opposition members out of parliament.
The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples has presented its final report to the Parliament.
The Committee was established in March to consider matters relating to constitutional change, including the recommendations of the Expert Panel, the previous Joint Select Committee, the Statement from the Heart, and the Referendum Council.
At the outset, the Committee understood and acknowledged that the Statement from the Heart was a significant turning point in the discussion about the constitutional recognition of Aboriginal and Torres Strait Islander peoples.
As such, the Committee focussed its efforts on the central proposal for constitutional change made in the Statement from the Heart—the proposal for a First Nations Voice.
The Committee has also been mindful of the need to ensure that its recommendations are legitimate and acceptable to Aboriginal and Torres Strait Islander peoples, the Parliament, and, ultimately, the Australian people.
In its interim report, the Committee considered the proposal for a Voice in detail, and since July the Committee continued to seek the views of Aboriginal and Torres Strait Islander peoples and others about how best to achieve constitutional recognition.
In its final report, the Committee endorses the proposal for a Voice. The Committee recommends a process of co-design between government and Aboriginal and Torres Strait Islander peoples to determine the detail of the Voice, to conclude within the term of the 46th Parliament.
The Committee further recommends that the appropriate legal form of the Voice be determined following this process of co-design.
The Committee considers that these recommendations are significant steps for the Parliament to discuss and consider, and significant steps towards a bipartisan and agreed approach to advancing the cause of constitutional recognition.
The Committee also makes recommendations in relation to truth-telling about Aboriginal and Torres Strait Islander history, traditions, and culture. The Committee hopes that a fuller understanding of Australia’s history will lead to a more reconciled nation.
The Committee acknowledges and thanks everyone who participated in the inquiry, including those who made written submissions and gave evidence at public hearings around Australia.
The final report is available on the Committee’s website at: www.aph.gov.au/jsccr
by Gil Hanrahan
West Australian senator in exile Rodney Culleton has called on the senate President Richard Pye to call him and former senator Jacqui Lambie to appear before the senate by issuing a writ of Habeas Corpus.
Culleton has been dogged by state and federal government-initiated law suites since being forced out of the senate. When sitting in the senate he pushed for a Royal Commission into corrupt behaviour of banks and for the High Court to reinstate Queen Elizabeth 2 to legal process.
With the help of federal MP Bob Katter, he was successful with the Banking Royal Commission. In part, he got the Queen restored but he pointed out the HCA actually reinstated the fictitious Queen of Australia, which he says is not a lawful entity.
The maverick former farmer has been stymied by government in every legal move he has made to get himself reinstated to the senate.
On the evidence, there is no doubt government has called in judicial favours to knock out his appeals on every occasion, in all levels of courts.
Culleton has also called on the senate to include all other sacked senators, removed as a result of an order from the HCA sitting as the Court of Disputed Returns sought by the Turnbull Government which he says was in breach of the Commonwealth Constitution.
He has asked the senate to debate Motion 163 of 2016, which was lawfully enacted on December 1, 2016 and warned that s147.1 of the Criminal Code Act of 1995 could be invoked for failing to list the motion for further debate.
“Motion 163 of 2016 was a requirement passed by the House announcing that the referral of November 7, 2016 is faulty and that there needs to be further investigation into that faulty action, which was never passed by any procedure of law, orchestrated by former Senators Parry and Brandis,” Mr Culleton said.
“Brandis’ motion to the House in constitutionally forming a meeting by way of a Quorum on November 7, 2016 as defined in s 22 Constitution was a failure of the tellers who counted the ‘Ayes’ and ‘Noes’ who should have noticed insufficient senators were present to take a vote.”
It is of interest that former inept senator George Brandis was whisked away to London to fill the position of Australian High Commissioner, a reward from Turnbull, the Australian Bankers Association representative in government.
Former senate President Stephen parry, a former Tasmanian police officer, has disappeared from the face of the earth after allegations of his involvement in a massive cover-up concerning the framing of alleged Port Arthur shooter, Martin Bryant, caught up to him while sitting as President.
A proposal to create new state of North Queensland has been around for decades but momentum is gathering among fed-up Far Northerners who attended the ‘Boot Brisbane’ forum on Wednesday night.
The first State of Origin match for the year did not deter more than 80 supporters from packing the Brother’s club boardroom in Cairns to hear a decisive argument for the north to break away from a decadent south east corner.
A southern border following the Tropic of Capricorn north of Rockhampton would ultimately foster great prosperity for a languishing North Queensland economy.
Katters Australian Party parliamentary representatives, Robbie Katter, Shane Knuth, Nick Dametto and newest recruit Senator Fraser Anning joined Member for Kennedy Bob Katter who held the floor with compelling economic data compiled by Cairns economist Bill Cummings.
Mr Katter said necessary infrastructure had been neglected by successive state and federal governments and there was no alternative but to allow North Queenslanders to govern themselves because much of the State’s economy was generated north of Rockhampton.
“The State Government has committed $7.5 billion – $2 billion for pleasure domes and $5.5 billion for yet another tunnel in Brisbane.
“There’s just no way that a budget of $54 billion can take a hit of $7.5 billion and have something left over for the rest of the state and the further away from Brisbane then the less money you will get. While they’ve got $5 billion to improve their transportation systems, four years ago we did not get a single cent for road improvement in North Queensland except for a roundabout at Port Douglas that was it.
“We got a roundabout at Port Douglas worth half a million dollars and Brisbane got $3 billion for tunnels and this is going to go on.”
Mr Katter accused the governments of failing to understand industry and economic development in the North.
“You are not allowed to use a drop of water for irrigation in North Queensland except if you make outrageous, corrupt payments to political parties – that’s the only way you’ll ever get a drop of water in North Queensland for irrigation and yet, if North Queensland were a separate country we would be the wettest country on earth.
“We’ve got these huge resources and we’re not allowed to use them so we can’t develop. “We’re not allowed to dredge the Port of Cairns; one of most significant tourist destinations in the world.
“Don’t expect any new dams from the State Government for the Tablelands anytime soon.”
Former Mulgrave Councillor Ron Crew explained how Cairns and the hinterland agricultural industry lost $35 million a year due to a lack of infrastructure projects
“The government won’t agree to dredge the port in a reasonable manner, yet we have the largest population adjacent to any port in northern Australia and agriculture can’t expand,” Mr Crew said.
From a legal point of view the creation of a new state was a simple exercise according to Townsville barrister Peter Raffles, one of the first law graduates from JCU in 1991.
Mr Raffles cited a High Court case in 1978 whether the approval of a majority of electors for surrendering a State and the acceptance by the Commonwealth is necessary and the ability of the Queensland Parliament to legislate for the excising of a new State.
“The State Parliament can do it and no referendum is required,” he said.
Letter to the Editor
In 1950, Israel’s Knesset passed a remarkable law, beginning with a few simple words that defined Israel’s central purpose: “Every Jew has the right to immigrate to this country…”
With the inception of the State of Israel, two thousand years of wandering were officially over. Since then, Jews have been entitled to simply show up and request to be Israeli citizens, assuming they posed no imminent danger to public health, state security, or the Jewish people as a whole. Essentially, all Jews everywhere are Israeli citizens by right.
In 1955, the law was amended slightly to specify that dangerous criminals could also be denied that right.
In 1970, Israel took another historic step by granting automatic citizenship not only to Jews, but also to their non-Jewish children, grandchildren, and spouses, and to the non-Jewish spouses of their children and grandchildren. This addition not only ensured that families would not be broken apart, but also promised a safe haven in Israel for non-Jews subject to persecution because of their Jewish roots.
.Federal MP’s alleged to be Jewish
…………….“While Israelis may hold dual citizenship, a Basic Law passed in 1958 states that Knesset members cannot pledge allegiance as parliamentarians unless their foreign citizenship has been revoked under the laws of that country,” the article states.
Another Israeli politician, who was elected at the same time as Svetlova is Rachel Azaria, who was also forced to renounce her foreign citizenship–in the US! Again from the Times of Israel:
Azaria, a 38-year-old Jerusalem deputy mayor, renounced her American citizenship, which she had held by virtue of her mother having been born in the US.
It is astounding, is it not? Israel gets billions of dollars per year courtesy of US taxpayers–but anyone holding US citizenship is barred from serving in the Knesset! But we are not allowed to have a similar law here in the US banning Israeli citizens from serving in Congress!
And not only do we not have a similar in the US, but apparently Freedom of Information Act requests aimed at finding out which Congress members do in fact hold dual citizenship–are denied. The following is a 2015 article that was published at Counterpunch.
Read on –
Editor: This potential bombshell could be why the JSCEM (Joint Standing Committee on Electoral Matters) wants to abolish s44 and 45 of the Constitution
The Joint Standing Committee on Electoral Matters has today released its report into matters related to Section 44 of The Australian Constitution.
Committee Chairman Senator Linda Reynolds said the report found that s. 44 was becoming increasingly undemocratic and that future referrals to the High Court would be inevitable.
“Problems with s. 44 are neither new, nor unforeseen,” Senator Reynolds said.
“20 years of Parliamentary Committee reports and a Constitutional Convention have all predicted that without constitutional reform to parts or all of s. 44, challenges would occur to otherwise qualified and validly elected Members of Parliament.
“Problems with the operation of s. 44 have come to public attention over the past year as a result of the high number of s. 44(i) citizenship matters referred to by the High Court. While public discussion has been on these citizenship cases, two other sub sections of s. 44 were also the subject of High Court consideration.”
Senator Reynolds said in addition to the previously identified problems with s. 44, recent High Court decisions have created new uncertainties and future opportunities to manipulate election results, which are likely to end by being referred to the High Court.
“Recent High Court decisions on the interpretation on s. 44 are clear–to nominate as a candidate, all reasonable steps must be taken prior to nomination to ensure all candidates are not disqualified to be on the ballot paper,” Senator Reynolds said.
“The Committee makes no judgement on the dual citizenship issue itself,” Senator Reynolds said.
“The question of whether or not the application of these rules meets contemporary Australian expectations is a different matter altogether and is one for Australians to ultimately determine.”
“We believe that issue is one for Australians to consider as part of a wider debate on qualities we want in our candidates when they stand for election and for those who are elected to Parliament.”
Based on the significant and persuasive evidence to the Inquiry, the Committee has recommended that the Australian Government prepare a referendum question to either repeal sections 44 and 45 or insert the words ‘Until Parliament so provides…’ into both sections.
Senator Reynolds said while the Committee had recommended a referendum to permanently fix the problems with s. 44, the Committee acknowledged the preconditions for a successful referendum do not yet exist and may take time to achieve.
Until such time a referendum is successful in providing Australians or their elected representatives the ability to change disqualifications, the committee has recommended the Federal Government consider implementing a range of mitigation strategies. The first measures should be in place before the conduct of the upcoming by-elections to minimise the chance of those elections being challenged in the high court.
- Recommendation 1
The Committee recommends that the Australian Government prepare a proposed referendum question to either:
- repeal sections 44 and 45 of the Constitution; or
- insert into sections 44 and 45 the words: ‘Until the Parliament otherwise provides…’
- Recommendation 2
If the referendum passes, the Committee further recommends that the Australian Government further engages with the Australian community to determine contemporary expectations of standards in order to address all matters of qualification and disqualification for Parliament through legislation under section 34 of the Constitution.
- Recommendation 3
In the event that a referendum does not proceed or does not pass, that the Australian Government consider strategies to mitigate the impact of section 44 as outlined in this report.
- Recommendation 4
The Committee recommends that the Government consider the implications of this report in the context of the upcoming be-elections, in particular the options outlined in chapter 4.
Further information will be available on the Committee’s website www.aph.gov.au/em.
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching Services) Bill 2018.The Identity-matching Services Bill 2018 will facilitate the exchange of identity-information between the Commonwealth and State and Territory Governments as agreed by COAG under the Intergovernmental Agreement on Identity Matching Services of October 2017. The Bill will authorise the Department of Home Affairs to collect, use and disclose identification information in order to operate the systems that will support a set of new biometric face-matching services
The Australian Passports Amendment (Identity-matching Services) Bill 2018 will amend the Australian Passports Act 2005 to make Australian travel document data available for the purposes of identity-matching services.The PJCIS Chair, Mr Andrew Hastie MP, said that “It is vital that a nationally-consistent approach to data-sharing is put in place so that law enforcement and national security agencies can use facial images to identify individuals in circumstances where they or others may be under threat”.The Committee intends to report by mid-May 2018.
Chair, Mr Andrew Hastie MP (Canning, WA) on 08 9534 8044 (Electorate office) or (02) 6277 4223 (Parliament House)
Further information about the inquiry can be accessed via the Committee’s website
The Committee invites written submissions to the inquiry to be received no later than 21 March 2018. Information on how to make a submission is available on the Committee’s website.
Both Bills will support the Commonwealth to meet its obligations under the intergovernmental agreement to deliver fast, secure identity-matching services and improve Australia’s national security, law enforcement, community safety and road safety capabilities.
Editor: It should be noted the Coalition of Australian Governments(state corporations) is not recognised by the Commonwealth Constitution of Australia. COAG’s validity is in doubt. So are its policy agreements between state Premiers whose lawful position is CEO of each corporate state.
This huge social experiment fits in with all other earlier technological surveillance leaps taken by Australian corporate government. This time around the United States will follow our lead to enable the financial oligarchy to complete the enslavement of the people, better known as the sheeple.
This massive information exchange has nothing to do with national security. It is all about people control and eugenics.
This compelling movie should be viewed by every Australian. As Australia is the 52nd state of the US, it is only a matter of time before these standoffs occur here. The Commonwealth of Australia is registered with the New York stock exchange, regulated by US corporation law. The Queensland Corporate Labor Government comes to mind when farmers are finally pushed hard enough to take a stand against the proposed vegetation management laws that are designed to shut down viable farmers and graziers in the state. If all of the state’s farmers banded together to stop the corporation’s policies of halting development, the ALP would be stymied.
About 30,500 businesses carry out agricultural activity in Queensland. Agricultural industries contribute more than $10 billion to the state’s economy each year. It will be up to farmers to decide if they want their business to continue or will allow the edicts of the UN agreement, Agenda 30 to which we are a signatory, shut them down. The ball is in your court Mr Primary Producer!
The ball also is firmly in the court of city consumers. Do they want to eat Queensland’s renowned clean and green produce or would they prefer imported, tainted food from countries such as China or Asia? The federal Liberal Party, aided and abetted by the ALP has signed free trade deals all over the world. The laissez faire policies of governments came back to bite them when the $87.7m farmed prawn industry was destroyed last year by imported prawns from Vietnam infected with white spot disease, all under the holy grail of free trade. Anne Bressington MP talks about the devastating effects of Agenda 21, now Agenda 30
Australian Patriot Radio produced this podcast with Harry Palmer and Mike Holt discussing how the majority of Queenslanders do not realise they own nothing in Queensland today after Wayne Goss and Kevin Rudd manipulated the Queensland constitution to remove private land ownership to government and amend legislation at anytime to suit their power base control of you the people … and it is still LAW … Click Here to listen.
This video explains in detail how Labor stole Queensland from the people.
A republic for Australia means NO MORE RIGHTS and NO MORE FREEDOMS.
They will make the new constitution so that it only benefits THEM and not we the people!!
A republic is great for politicians as they can then rewrite the constitution and somehow any references to TREASON will all be removed.
ONLY a REFERENDUM by ‘WE THE PEOPLE’ can decide on whether we are allowing Australia to become a Republic !!!