130929-From 1900 Changes in the Vic Constitution-Amended-By David Woods

7/28/2019 130929-From 1900 Changes in the Vic Constitution-Amended-By David Woods

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This documend was provided to me on 29-3-2013 by Mr David Woods ;

Documenting Constitutional changes by the Victorian

Parliament and the Governors from 1901 without

conducting a Referendum.

Forward

This document has been prepared with just 3 questions for the High Court ofAustralia to answer as Inter Se arguments namely questions of law betweenCommonwealth and State Laws including Constitution Acts. Also conclusiveevidence to highlight the behaviours of the State, Territory and CommonwealthParliaments regarding constitutional changes of the State of Victoria made without

referendums are presented within the pages of the document.

Questions formed from the basis of the Evidence presented within

document.

Question 1. Is a State or Territory Parliament permitted to change any part of, orcreate or repeal their original constitution Act or a lawfully consented ConstitutionAct Amendment Act under Section 106 Commonwealth Constitution without

conducting a referendum as per Section 128 of the Commonwealth Constitution Actfrom 1st January 1901 states?

Question 2. Is a State or Territory Parliament permitted to create another form ofGovernment namely Local Government within their original Constitutions as pertheir powers under Sections 106, 107 &108 of the Commonwealth Constitution Actwithout conducting a Referendum as per Section 128 of the CommonwealthConstitution Act from 1st January 1901?

Question 3. Is the Commonwealth Parliament under their limited powers withinSection 51 & 52 Commonwealth Constitution; and/or any State and TerritoryParliaments under their limited powers within Section 106, 107 & 108 of theCommonwealth Constitution Act permitted to amend the correct UK Seal and thecorrect wording to the enactment of all Acts of Parliament including theConstitution Acts from His/Her Most Excellent Majesty to The Queen or TheParliament of Australia or The Parliament of namely Victoria or any State or

Territory, inclusive ofthe Legislature of NSW enacts as follows withoutconducting a Referendum?


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5. Official Hansard Friday 6-3-1891 Constitution Convention Debates by Mr. Thynne:Quote: Page 14 The constitution of this federation will not be charged with the duty ofresisting privileged classes, for the whole power will be vested in the people themselves.

They are the complete legislative power of the whole of these colonies, and they shall be

so. From [start page 106] them will rise, first of all, the federal constitution which we areproposing to establish, and in the next place will come the legislative powers of the severalcolonies. The people will be the authority above and beyond the separate legislatures,and the royal prerogative exercised, in their interest and for their benefit, by the advice

of their ministers will be practically vested in them. They will exercise the sovereignty

of the states, they will be charged with the full power and dignity of the state, and it is fromthem that we must seek the giving to each of those bodies that will be in existenceconcurrently the necessary powers for their proper management and existence. Eachassembly, each legislature, whether state or federal existing under this constitution, will

be as Dicey again says-a merely subordinate law-making body whose laws will be valid,

whilst within the authority conferred upon it by the constitution, but invalid and

unconstitutional if they go beyond the limits of such authority. End Quote

6. Official Hansard Friday 6-3-1891 Constitution Convention Debates by Mr. Thynne:Further Quote: Page 15 I think these resolutions would be much embellished and improveddid they contain a provision which would establish the right of the people of the colonies to

pass not only the proposed constitution, but to have all future amendments of it submitted totheir direct vote for approval. That is a thoroughly democratic system, by which the peopleare guarded against hasty and ill-considered changes of the constitution; and thesuggestion which I make is one which, I think, might fairly receive from gentlemen who willfollow me a little consideration. It has already been suggested that the introduction of thereferendum would be a very useful thing. I am not now prepared to fully discuss that question.It would take me a long time to elaborate it; but I do think that, whether we do or do not at anyfuture time introduce the referendum, as in Switzerland, in its application to all legislation, wemay very well, and with great advantage, adopt that particular portion of it which deals withconstitution changes. It is in accordance with the theory which I put forward, of thepeople being the great power-really the sovereign power-in these states that, before the

Crown is asked to give its assent to any legislation making changes in the Constitution,

the people themselves should be asked to give their sanction to it. End Quote

7. Dr Cockburn: Tuesday 10-03-1891 Official Hansard Convention Debates: Quote All ourexperience hitherto has been under the condition of parliamentary sovereignty.Parliament has been the supreme body. But when we embark on federation we throw

parliamentary sovereignty overboard. Parliament is no longer supreme. Our parliamentsat present are not only legislative, but constituent bodies. They have not only the power oflegislation, but the power of amending their constitutions. That must disappear at once onthe abolition of parliamentary sovereignty. No parliament under a federation can be a

constituent body; it will cease to have the power of changing its constitution at its own

will. Again, instead of parliament being supreme, the parliaments of a federation arecoordinate bodies-the main power is split up, instead of being vested in one body. EndQuote.


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12. Continued Quote Nor is the scope of the amending power restricted to the structure and

functions of the Federal Government ; it extends to the structure and functions of theGovernments of the States. Indeed, nearly every extension of powers and functions grantedto the Federal Government would involve a consequential contraction of powers andfunctions in the Governments of the States ; and if a constitutional amendment could soalter the powers and functions of the Governments of the States, why should it not becapable of dealing, if necessary, with the Constitutions and political organization of theStates?. We say if necessary ; for the necessity may never arise ; but the dormantpower is there, and may be used in an extraordinary emergency, if the States neglect or

refuse to adjust their constitutional arrangements to harmonize with the Federal

developments and requirements.

Amendments of the Constitution need not be limited even to the functions and

organization of Federal Government and State Government. They might go further, andembrace fundamental laws relating to the rights, privileges, immunities, and duties of

the people of the Commonwealth, placing them beyond the domain of Federal legislation

and equally outside the sphere of State legislation. The American Constitution contains aBill of Rights. Neither Congress nor the Legislatures of the States could interfere with or alterone jot or bittle of those fundamental rights.End Quote

13. Official Hansard 8-3-1898 Constitution Convention Debates

Mr. ISAACS. - Quote We want a people's Constitution, not a lawyers'not a lawyers'not a lawyers'

Constitution. End Quote

14. As the Official Hansard Convention Debates from 1890 to 1899 certainly confirm that thepeople of each State must have a say to amend the Commonwealth Constitution Act inclusiveof any State or Territory Constitution. Please find quotes from the Annotated notes of theCommonwealth Constitution by Quick and Garran 1901 and High Court cases concerning theCommonwealth of Australia Constitution Act 1900 and the Constitution itself; namely Clause9 (Chapters 1 to 8 or Sections 1 to 128) commenced on 1st January 1901, that all StateConstitutions and all Commonwealth, State and Territory Laws are subject to theCommonwealth Constitution from the Preamble to Section 128. Both Hansard Debates and

the Quick and Garran are applicable within any court of any State, Territory within theCommonwealth of Australia under 1901 Commonwealth Act: STATE LAWS AND RECORDSRECOGNITION ACT 1901 (NO. 5, 1901) and certainly Section 118 Commonwealth Constitution:

Recognition of laws etc. of States-: Full faith and credit shall be given, throughout theCommonwealth to the laws, the public Acts and records, and the judicial proceedings of

every State.
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15. Tasmania v Commonwealth [1904] HCA 11; (1904) 1 CLR 329 (8 June 1904)

Griffith Chief Justice (C.J) (HCA or High Court of Australia): Top of page 2 QuoteThis Constitution is an Act of Parliament End Quote. (Relevant Part) Comment: (TheCommonwealth Constitution as stated above inclusive of any State or Territory Constitution

is an Act of Parliament). And the bottom of page 2 Quote: The Judges as to what was thefairest and the best scheme were the people, by whom the Constitution was adopted, and

the question is not one for our decision.End Quote.

16. Summary of the Referendum process to approve the An Act to Constitute theCommonwealth of Australia by Barton. J (J refers to a Justice of the court) in the above

case: Quote: Certain States, then called Colonies, perfectly independent in relation to eachother, three of them on the continent of Australia, and another adjacent to it on the south,agreed to be represented according to the votes of the people by a Convention for the purposeof drawing up a constitution, afterwards to be submitted to popular vote. A fifth State sentrepresentatives elected by its legislators. The Convention met first in 1897 at Adelaide, whereit brought up a draft bill afterwards submitted to the legislatures for their suggestions, underStatutory provisions. The Convention again met and further considered the bill, in Sydney in1897, and in Melbourne in 1898.

17. Continued Summary by Justice Barton: In March of the last-mentioned year it brought up

what is called the Draft Bill of 1898. Pausing for a moment, I must say in passing that we have

been urged to modify what would seem to be the plain meaning of the words of three sections

of the Constitution by the fact that in 1891 there were financial provisions, considered by the

plaintiff's counsel to favor their contention, inserted in a draft bill by a Convention. That was

a body delegated by the several Parliaments, and was not, like the Convention of 1897-8,

chosen under Statutes which severally prescribed that the result of its labours, the Draft

Constitution, should be submitted to the direct vote of the people. Again, there were

substituted expressions in the draft brought up at Adelaide which, it is contended, justify the

contention of the plaintiff State. Both these provisions lost their places during the final

consideration of the draft bill to be submitted to the people, which was so submitted in

New South Wales, Victoria, South Australia and Tasmania, in 1898, and which, so far as

the financial arrangements are concerned, is identical in terms with the Constitution itself. It

seems to me that the argument that an expression put by an earlier Convention into a draft

Constitution is to influence us towards the construction of this Constitution which isafterwards in operation, acts as a two-edged sword, because the abandonment of the earlier

provision shows if anything that the Convention had relinquished the idea of submitting it to

the people, whose approval was by law essential. The successive alterations of the drafts seem

rather to point to the view, not that the final provisions are to be interpreted in the same sense

as those struck out of the draft, but that the first intentions were given up, and that entirely

different intentions, to be gathered from the language of the Constitution, are those by which

we are to abide. Proceeding with my narration of the history of the matter, I said that when

the Convention finished its work there was a draft, called the draft of 1898, submitted to

the people under the provisions of Statutes of the several States. At this stage only four

States were concerned, Queensland and Western Australia taking no part?
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Parliament Executive Judiciary Parliaments Executives Judiciaries

24. Page 301 Annotated Constitution: By the Queens Most Excellent Majesty: The enactingwords, showing the Authority by which the Commonwealth is created, are in the form in

which Acts of Parliament have been framed from a remote period of English history.According to theory of the Constitution the Queen is the source of all law, the Queen makes

new laws, the Queen alters or repeals old laws, subject only to the condition that thisSupreme power must be exercised by Parliament and not otherwise. Every Act ofParliament bears on its face the stamp and evidence of its royal authority. It springs fromthe authority is, according to Constitutional theory, directly vested. Parliament is the bodyassigned by law to advise to Crown in matters of legislation, and the Crown could not legallylegislate without the advice and consent of Parliament.

25. Top ofPage 931 Annotated Constitution by Quick and Garran 1901: Quote: TheFederal Government and the State Governments are, within their respective spheres and

areas, subject equally to the Constitution, and, in the last resort, to the Imperial

Parliament. End Quote. (Relevant Part) Comment: If this is true inclusive of the quote onpage 301 then a Referendum must be held to change any part of a State or the CommonwealthConstitution. Obviously the Commonwealth Parliament enjoy abusing their limited powerunder Section 51 by utilizing sub section 38 for The Royal Styles and Titles Act 1973 for thecreation of the Queen of Australia and The Australia Act 1986 or the Statute of WestminsterAdoption Act 1942 (No. 56 of 1942) into the Commonwealth Constitution without aReferendum; inclusive of the International Treaties.The people of Australia have not been consulted, as there are no Referendums recorded by theAEC or the VEC in Victoria for the Commonwealth or Victorian Parliament to enact theseActs.

26. Page 988 Annotated Constitution by Quick and Garran 1901: Quote: A Federal Legislature is

a mere creature of the Federal Constitution; it is a mere instrument or servant of the federal

community ; it is an agent, NOT A MASTER. The Constitution is the master of the

legislature, and the community itself is the author of the Constitution. The test of the

federal system lies in the principle that the central Government cannot destroy nor

modify the local, nor the local Government the central. Now, this relation between

central and local Government is impossible unless both rest upon a common basis, i.e.,

the co-ordination of these independent Governments as parts of a harmonious political

system requires an organization of the sovereign, the State, distinct from and supremeover both. (Burgess, Political Sc. i.141.) End Quote.

27. R v Richards; Ex parte Fitzpatrick & Browne [1955] HCA 36; (1955) 92 CLR 157 (24 June1955) Dixon C.J Quote: Paragraph 13: It is convenient, first, to go to the importantargument that this Constitution of Australia is a rigid federal Constitution under which

it is the duty of the courts of the Commonwealth, and, indeed, the courts of law

generally, to consider whether any act done in pursuance of the powers given by the

Constitution, whether by the legislature or by the executive, is beyond the power which

the Constitution assigns to that body. (at p165)
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23. Re Wakim [1999] HCA 27; 198 CLR 511; 163 ALR 270; 73 ALJR 839 (17 June 1999)McHugh. J: Quote: The function of the judiciary in constitutional cases: Paragraph 35:However, the judiciary has no power to amend or modernise the Constitution to give effect towhat the judges think is in the public interest. The function of the judiciary, including thefunction of this Court, is to give effect to the intention of the makers of the Constitution as

evinced by the terms in which they expressed that intention. That necessarily means thatdecisions, taken almost a century ago by people long dead, bind the people of Australia todayeven in cases where most people agree that those decisions are out of touch with the presentneeds of Australian society. Judge Easterbrook has pointed out that a written constitution "isdesigned to be an anchor in the past. It creates rules that bind until a supermajority of theliving changes them."[41]Continued Quote: In the same article, he pointed out[42] that a person cannot logically denythe power of the past to rule today's affairs and at the same time assert that Art III of theUnited States Constitution (the equivalent of our Chapter III) still binds. Judicial review of theconstitutional validity of legislation "depends on the belief that decisions taken long ago"[43]still bind today's society.

24. Paragraph 36: The Constitution, although enacted in 1900, is binding today by reason ofthe tacit assent of the people of Australia to its continued operation. Few, if any,constitutional lawyers now accept Thomas Jefferson's claim that a Constitution enacted byone generation cannot bind subsequent generations. Jefferson first put forward this claim in aletter to James Madison which was written in Paris in September 1789. The claim was based

on Jefferson's famous aphorism "that the earth belongs in usufruct to the living". Jefferson

wrote[44]: "The question: Whether one generation of men has a right to bind another, seems

never to have been started [stated?] either on this or our side of the water. Yet it is aquestion of such consequences as not only to merit decision, but place also, among the

fundamental principles of every government. The course of reflection in which we areimmersed here on the elementary principles of society has presented this question to mymind; and that no such obligation can be so transmitted I think very capable of proof. I setout on this ground, which I suppose to be self evident, 'that the earth belongs in usufruct tothe living': that the dead have neither powers nor rights over it." (emphasis in original)

25. Paragraph 37: Madison rejected Jefferson's claim although, as Adrienne Koch has pointedout [45], he agreed in theory with Jefferson's fundamental principles. However, he attacked"on the grounds of practicability virtually every specific proposal" contained in Jefferson'sletter[46]. Madison said [47]: "I find no releif [sic] from these consequences, but in thereceived doctrine that a tacit assent may be given to established Constitutions and laws, andthat this assent may be inferred, where no positive dissent appears. ... May it not bequestioned whether it be possible to exclude wholly the idea of tacit assent, withoutsubverting the foundation of civil Society?"
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26. Paragraph 38: It is safe to say that Madison's view has prevailed in the United States,Canada and Australia. Our Constitution continues to bind "the courts, judges, and

people of every State and of every part of the Commonwealth"[48]. It does so although itsterms and structure express the ideas and philosophies of men long dead and although it wasenacted by a Parliament that no longer claims to have any right to legislate for the Australian

people. End Quote. Comment: Obviously referring to The Australia Act 1986 that allegedlyreleased the control of England to legislate for the States, but no Justice has cited it as invaliddue to the Commonwealth Parliament exceeding their power under the CommonwealthConstitution as the people never had a say via a Referendum. Only former Justice MichaelKirby pertaining to the States declared the Australia Act 1986 in breach of Section 106 and128 Commonwealth Constitution Act alone in Attorney-General (WA) v Marquet [2003] HCA67; 217 CLR 545; 202 ALR 233; 78 ALJR 105 (13 November 2003) at Paragraphs 203 to 210.

27. Paragraph 39: Change to the terms and structure of the Constitution can be carried out

only with the approval of the people in accordance with the procedures laid down in s

128 of the Constitution. Until change is made, the function of the judiciary is to give

effect to the present terms and structure of the Constitution. We must, of course, never

forget Chief Justice Marshall's words "that it is a constitution we are expounding."[49] As the

Chief Justice said in that case in speaking of incidental powers[50], "Let the end be

legitimate, let it be within the scope of the constitution, and all means which are appropriate,

which are plainly adapted to that end, which are not prohibited, but consist with the letter and

spirit of the constitution, are constitutional." In the present case, however, I think that the

Constitution does prohibit the States from vesting State jurisdiction in federal courts and

prohibits the Commonwealth consenting to the vesting of State jurisdiction in those courts.

End Quote.

28. Paragraph 49: Quote: When the Constitution is read as a whole and in the light of its

judicial history, there is in my opinion no principled basis upon which the present legislation

can be upheld. Our duty is to give effect to the principles of the Constitution even when it

is inconvenient to do so. In Professor Dworkin's words[69]: "Lawyers and judges faced

with a contemporary constitutional issue must try to construct a coherent, principled, and

persuasive interpretation of the text of particular clauses, the structure of the Constitution as a

whole, and our history under the Constitution - an interpretation that both unifies these

distinct sources, so far as this is possible, and directs future adjudication. They must seek, that

is, constitutional integrity." (emphasis in original) End Quote

29. Paragraph 79 Quote For constitutional purposes, they are a nullity. No doctrine ofresjudicata or issue estoppel can prevail against the Constitution. Mr Gould is entitled todisregard the orders made in Gould v Brown. No doubt, as Latham CJ said of invalidlegislation [100], "he will feel safer if he has a decision of a court in his favour". That is

because those relying on the earlier decision may seek to enforce it against Mr Gould. EndQuote
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30. Kirby. J: Quote: A legislature cannot, by preambular assertions, recite itself into

constitutional power where none exists[239].[ Citing [239] Australian Communist Party v

The Commonwealth [1951] HCA 5; (1951) 83 CLR 1 at 190-193, 205, 221, 244, 263, 278-

279.] End Quote.

31. Comment to my understanding: The quote by former Justice Michael Kirby concerns the

Parliament of the Commonwealth or any State cannot under their limited powers create any

Federal Court to hear and determine any powers of a State Court whether criminal or civil

proceedings. But this quote is very relevant for any breach by the Commonwealth or any

State or Territory Parliament exceeding their limited powers under the Commonwealth

Constitution and their State Constitutions. For instance, all Parliaments permitting officers or

departments issuing fines or other penalties when no officer or Parliament is classified as a

court; the continuance of the Goods and Services Tax against Section 55 Commonwealth

Constitution stating Shall subject to one taxation only; creating corporations of all

Parliaments, their departments and so on; The Parliament of Victoria creating their courts

under Department of Justice when the Supreme Court is the third arm of Government under

Separation of Powers. Inclusive of the Commonwealth, all State and Territory Parliaments

continuing their sovereignty even in 2013 when the people are sovereign from 1st January

1901. The list of breaches is continuous.

32. As cited halfway down page 419 by Justice Gavin Duffy within McDonald v Cain

Victorian Full Court Supreme Court 28-05-1953 VLR Quote: What the Full Court of this

Court said in Stevenson v The Queen (1865), 2W.W. &A

B. (L) 143, at p. 162 correctlystates the law: The Legislature here is not a Court. It does not assume to determine

what are its own powers. The unseemliness of one Court interfering with the privileges

of another Court cannot occur. The powers of both Council and Assembly are

prescribed by statute to be within certain limits, and the Court must if he question of

law is raised, determine whether the power in dispute falls within those limits or not.

End Quote (Relevant Part).
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71. Hospital Provident Fund Pty Ltd v Victoria [1953] HCA 8; (1953) 87 CLR 1 (11 March 1953)

WILLIAMS J. Quote: Paragraph 8. Section 2 of the Acts Interpretation Act 1930(Vict.) provides that every Act shall be read and construed subject to the Commonwealth

of Australia Constitution and so as not to exceed the legislative power of Victoria to the

intent that where any enactment thereof would, but for this Act, have been construed as

being in excess of that power, it shall nevertheless be a valid enactment to the extent to

which it is not in excess of that power. This section raises similar problems ofconstruction to those raised by ss. 15A and 46(b) of the Acts Interpretation Act 1901-

1950 (Cth.). The Court has discussed the meaning of the Federal sections in many cases.Pidoto v. Victoria [1943] HCA 37; (1943) 68 CLR 87 ; The Banking Case (1948) 76 CLR, at

pp 369-374 and cases there cited. They require the Court to read down an Act, so far as itis possible to do so by construction, so that it will operate to the full extent to which it is

capable of constitutional validity. In practice the Court has done this by servering invalidclauses which are capable of severance from the rest of the Act or by giving the Act as awhole a distributive operation with respect to those parts of the subject matter which arewithin power. End Quote.

72. Comment: The statement by Justice Williams in the above case Hospital Provident Fund

Pty Ltd v Victoria [1953] HCA 8; (1953) 87 CLR 1 (11 March 1953) stated that a Court

is to read down an Act, so far as it is possible to do so by construction of the Act,

Regulation, Rules, By-Laws. This statement is very relevant pertaining to the Seal displayed

on Acts inclusive of the enactments right through to the Schedule and assent date of every Act

of Parliament. The Enactment forms part of every Act of Parliament that must be read and

construed to the Act itself.

The Changing of Enactments and Seals

73. Continued Comment: The Colonies ofNew South Wales, Queensland, and Victoria after

the Australian Constitution Acts 1850 and Western Australia adopted this enactment from

their Constitution Act 1890 Be it enacted by the Queens or Kings Most Excellent

Majesty as the Monarch of England. This correct enactment was confirmed within the

Victorian Act assented 23-02-1855: An Act for adopting a certain Act of Parliament intituled

An Act for the amendment of an Act passed in the first year of the reign of Her Majesty Queen

Victoria intituled An Act for the amendment of the laws with respect to Wills stated Be it

enacted by the Queen

s Most Excellent Majesty by and with the advice and consent ofthe Legislative Council and the Legislative Assembly of Victoria in this present

Parliament assembled and by the authority of the same as follows (that is to say) :-.

This correct enactment contains two out of three separated powers namely the Governor

representing the Queens Most Excellent Majesty from England and the Legislative Council

and Assembly representing both houses. All we need is Section 22 Australian Courts Act

1828 UK that confirms the third Separation of Power namely our Supreme Court Chief Justice

described as the Lieutenant Governor of each State to check right through the Bill to ensure it

does not breach the Colonial Laws Validity Act 1865 UK and any Law repugnant to England.

But from 1901 the role of Supreme Courts and the High Court should have continued by

checking a proposed Bill by the Parliaments to ensure the Bill did not breach the

Commonwealth Constitution Act.
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1953/8.html?stem=0&synonyms=0&query=%20Acts%20Interpretation%20Act%201930http://www.austlii.edu.au/au/legis/vic/hist_act/aia1930230/http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/http://www.austlii.edu.au/au/cases/cth/HCA/1943/37.htmlhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1953/8.html?stem=0&synonyms=0&query=%20Acts%20Interpretation%20Act%201930http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1953/8.html?stem=0&synonyms=0&query=%20Acts%20Interpretation%20Act%201930http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/hist_act/aafaacaopiaftaoaapitfyotrohmqviaftaotlwrtw1908.pdf?stem=0&synonyms=0&query=Queen%27s%20Most%20Excellent%20Majestyhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/hist_act/aafaacaopiaftaoaapitfyotrohmqviaftaotlwrtw1908.pdf?stem=0&synonyms=0&query=Queen%27s%20Most%20Excellent%20Majestyhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/hist_act/aafaacaopiaftaoaapitfyotrohmqviaftaotlwrtw1908.pdf?stem=0&synonyms=0&query=Queen%27s%20Most%20Excellent%20Majestyhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1953/8.html?stem=0&synonyms=0&query=%20Acts%20Interpretation%20Act%201930http://www.austlii.edu.au/au/legis/vic/hist_act/aia1930230/http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/http://www.austlii.edu.au/au/cases/cth/HCA/1943/37.htmlhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1953/8.html?stem=0&synonyms=0&query=%20Acts%20Interpretation%20Act%201930http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/1953/8.html?stem=0&synonyms=0&query=%20Acts%20Interpretation%20Act%201930http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/hist_act/aafaacaopiaftaoaapitfyotrohmqviaftaotlwrtw1908.pdf?stem=0&synonyms=0&query=Queen%27s%20Most%20Excellent%20Majestyhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/hist_act/aafaacaopiaftaoaapitfyotrohmqviaftaotlwrtw1908.pdf?stem=0&synonyms=0&query=Queen%27s%20Most%20Excellent%20Majestyhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/hist_act/aafaacaopiaftaoaapitfyotrohmqviaftaotlwrtw1908.pdf?stem=0&synonyms=0&query=Queen%27s%20Most%20Excellent%20Majesty


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74. Victorias politicians within Parliament continued the correct enactment above and the UK

Coat of Arms on all Acts until the 5-07-1983 within the Construction Industry Long Service

Leave Act 1983 . But as there appears to be no Acts assented to between 6-07-1983 and 8-09-

1983, the Parliament enacted the Constitution (Corporations' Franchise) Act 1983 without a

Referendum on 9-09-1983 with the Victorian Coat of Arms whilst continuing the correct

enactment. On the 22-10-1985 in the Fairfield Land Act 1985; this was the last Act with the

correct enactment of Her Most Excellent Majesty. Acts enacted after the 29th October 1985

such as the Fair Trading Act 1985; the Parliament amended the enactment to The

Parliament of Victoria enacts as follows. The Victorian Parliament continued the correct

enactment on the 3rd December 1985, within the Director of Public Prosecutions

(Amendment) Act 1985 and also displaying the illegally amended enactment namely The

Parliament of Victoria enacts as follows within Construction Industry Long Service Leave

(Amendment) Act 1985 . The Victorian Parliament from 10th December 1985 has

continued with the Parliament of Victoria enacts or therefore enacts as follows even up

to 30th June 2013 before going on their Parliamentary break.

There is no referendum listed for the Victorian Politicians and the Governor to change the

Coat of Arms, any part of the 1855 Constitution or the enactment to any Acts of Parliament.

Section 109 will be applied to declare all law in the purported State of Victoria from

1901 as invalid.

75. How is it possible other than that the Victorian Politicians are acting as sovereign over the

people of the State of Victoria; for the Victorian Parliament or any other State, Territory or the

Commonwealth to enact any Act, Regulation, Rule or By-laws without ensuring theseparation of powers engrained within the Commonwealth Constitution have been adhered to;

inclusive of how all Supreme Courts of the States and Territories must operate as per Chapter

3 Section 71 80. The role of the High and Supreme Courts have been confirmed in several

High Court cases including Kable v Director of Public Prosecutions (NSW) [1996] HCA 24;

(1996) 189 CLR 51 (12 September 1996), Forge v Australian Securities and Investments

Commission [2006] HCA 44; 80 ALJR 1606; 229 ALR 223 (5 September 2006) and South

Australia v Totani [2010] HCA 39 (11 November 2010).
http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1983460http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1983460http://www.austlii.edu.au/au/legis/vic/hist_act/cfa1983413http://www.austlii.edu.au/au/legis/vic/hist_act/fla1985109http://www.austlii.edu.au/au/legis/vic/hist_act/fta1985117http://www.austlii.edu.au/au/legis/vic/hist_act/doppa1985423http://www.austlii.edu.au/au/legis/vic/hist_act/doppa1985423http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1985540http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1985540http://www.austlii.edu.au/au/cases/cth/HCA/1996/24.htmlhttp://www.austlii.edu.au/au/cases/cth/HCA/1996/24.htmlhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/2006/44.html?stem=0&synonyms=0&query=Bill%20of%20Rightshttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/2006/44.html?stem=0&synonyms=0&query=Bill%20of%20Rightshttp://www.austlii.edu.au/au/cases/cth/HCA/2010/39.htmlhttp://www.austlii.edu.au/au/cases/cth/HCA/2010/39.htmlhttp://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1983460http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1983460http://www.austlii.edu.au/au/legis/vic/hist_act/cfa1983413http://www.austlii.edu.au/au/legis/vic/hist_act/fla1985109http://www.austlii.edu.au/au/legis/vic/hist_act/fta1985117http://www.austlii.edu.au/au/legis/vic/hist_act/doppa1985423http://www.austlii.edu.au/au/legis/vic/hist_act/doppa1985423http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1985540http://www.austlii.edu.au/au/legis/vic/hist_act/cilsla1985540http://www.austlii.edu.au/au/cases/cth/HCA/1996/24.htmlhttp://www.austlii.edu.au/au/cases/cth/HCA/1996/24.htmlhttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/2006/44.html?stem=0&synonyms=0&query=Bill%20of%20Rightshttp://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/HCA/2006/44.html?stem=0&synonyms=0&query=Bill%20of%20Rightshttp://www.austlii.edu.au/au/cases/cth/HCA/2010/39.htmlhttp://www.austlii.edu.au/au/cases/cth/HCA/2010/39.html


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76. In Reference to South Australia, the Colony continued the enactment ofBe it Enacted by the

Governor of the Province South Australia, with the advice and consent of the Legislative

Council and House of Assembly of the said province, in this present Parliament assembled as

follows:. After 1901 the South Australian Parliament and Governor who agreed to become a

State enacted all Acts as: Be it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows: In 1915 the ACTS

INTERPRETATION ACT 1915 was enacted preferably with the UK Coat of Arms and

contained the same enactment of the South Australian Parliament after 1901. This attached

version of the Acts Interpretation Act 1915 as of 1-07-2010. Section 4A: Date of

establishment of the State-: For the purposes of the law of the State, the State will be

taken to have been established on the twenty-eighth day of December, 1836. Section

22A: Construction of Act so as not to exceed power of State .

77. Comment: The South Australian people, voted in the 1898 Referendum to agree to a

Commonwealth Constitution Act. The State of South Australia was proclaimed from 1st

January 1901 under Clause 6. The Colony of South Australia has inferred itself as a selfgoverning State from 1836 and from 1915 Acts Interpretation Act Section 22A, does not state

that any law from 1901 to 2013 is subject to the Commonwealth Constitution under this Act or

their inferred Constitution Act 1934.

78. South Australia without a Referendum process amended their Colony Constitution Act 1856in 1902 in CONSTITUTION ACT (NO 790 OF 1902). It is unclear when South Australiainserted the Referendum process into the 1934 Constitution Act. The Parliament andGovernor amended their 1856 Constitution Act without a Referendum within

CONSTITUTION AMENDMENT (WAR SERVICE FRANCHISE) ACT (NO 1335 OF1918) and CONSTITUTION AMENDMENT (MINISTERS' SALARIES) ACT (NO 1492 OF1921)

79. The Parliament and Governor appear to have amended their Constitution after the creation of

the 1934 Act for all other purported changes.

CONSTITUTION ACT AMENDMENT ACT (NO 1 OF 1988)

CONSTITUTION ACT AMENDMENT ACT (NO 110 OF 1969) CONSTITUTION ACT AMENDMENT ACT (NO 120 OF 1986) CONSTITUTION ACT AMENDMENT ACT (NO 17 OF 1965) CONSTITUTION ACT AMENDMENT ACT (NO 19 OF 1947) CONSTITUTION ACT AMENDMENT ACT (NO 2) (1970-NO 17 OF 1971) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 31 OF 1973) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 32 OF 1982) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 49 OF 1939) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 52 OF 1951) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 56 OF 1953) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 64 OF 1978)

CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 67 OF 1975) CONSTITUTION ACT AMENDMENT ACT (NO 2) (NO 77 OF 1982)
http://portsea.austlii.edu.au/cgi-pit/maketoc.py?skel=/home/www/pit/xml/sa/act/saA1915-1215_skel.xml&date=http://portsea.austlii.edu.au/cgi-pit/maketoc.py?skel=/home/www/pit/xml/sa/act/saA1915-1215_skel.xml&date=http://www.austlii.edu.au/au/legis/sa/num_act/ca790o1902234http://www.austlii.edu.au/au/legis/sa/num_act/casfa1335o1918501http://www.austlii.edu.au/au/legis/sa/num_act/casfa1335o1918501http://www.austlii.edu.au/au/legis/sa/num_act/casa1492o1921507http://www.austlii.edu.au/au/legis/sa/num_act/casa1492o1921507http://www.austlii.edu.au/au/legis/sa/num_act/caaa1o1988335http://www.austlii.edu.au/au/legis/sa/num_act/caaa110o1969335http://www.austlii.edu.au/au/legis/sa/num_act/caaa120o1986335http://www.austlii.edu.au/au/legis/sa/num_act/caaa17o1965335http://www.austlii.edu.au/au/legis/sa/num_act/caaa19o1947335http://www.austlii.edu.au/au/legis/sa/num_act/caaa2197017o1971362http://www.austlii.edu.au/au/legis/sa/num_act/caaa231o1973362http://www.austlii.edu.au/au/legis/sa/num_act/caaa232o1982362http://www.austlii.edu.au/au/legis/sa/num_act/caaa249o1939362http://www.austlii.edu.au/au/legis/sa/num_act/caaa252o1951362http://www.austlii.edu.au/au/legis/sa/num_act/caaa256o1953362http://www.austlii.edu.au/au/legis/sa/num_act/caaa264o1978362http://www.austlii.edu.au/au/legis/sa/num_act/caaa267o1975362http://www.austlii.edu.au/au/legis/sa/num_act/caaa277o1982362http://portsea.austlii.edu.au/cgi-pit/maketoc.py?skel=/home/www/pit/xml/sa/act/saA1915-1215_skel.xml&date=http://portsea.austlii.edu.au/cgi-pit/maketoc.py?skel=/home/www/pit/xml/sa/act/saA1915-1215_skel.xml&date=http://www.austlii.edu.au/au/legis/sa/num_act/ca790o1902234http://www.austlii.edu.au/au/legis/sa/num_act/casfa1335o1918501http://www.austlii.edu.au/au/legis/sa/num_act/casfa1335o1918501http://www.austlii.edu.au/au/legis/sa/num_act/casa1492o1921507http://www.austlii.edu.au/au/legis/sa/num_act/casa1492o1921507http://www.austlii.edu.au/au/legis/sa/num_act/caaa1o1988335http://www.austlii.edu.au/au/legis/sa/num_act/caaa110o1969335http://www.austlii.edu.au/au/legis/sa/num_act/caaa120o1986335http://www.austlii.edu.au/au/legis/sa/num_act/caaa17o1965335http://www.austlii.edu.au/au/legis/sa/num_act/caaa19o1947335http://www.austlii.edu.au/au/legis/sa/num_act/caaa2197017o1971362http://www.austlii.edu.au/au/legis/sa/num_act/caaa231o1973362http://www.austlii.edu.au/au/legis/sa/num_act/caaa232o1982362http://www.austlii.edu.au/au/legis/sa/num_act/caaa249o1939362http://www.austlii.edu.au/au/legis/sa/num_act/caaa252o1951362http://www.austlii.edu.au/au/legis/sa/num_act/caaa256o1953362http://www.austlii.edu.au/au/legis/sa/num_act/caaa264o1978362http://www.austlii.edu.au/au/legis/sa/num_act/caaa267o1975362http://www.austlii.edu.au/au/legis/sa/num_act/caaa277o1982362


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81. South Australia continued: As South Australia like Victoria did not put the Referendum

process into their original (1856) Constitution Act and continued with an enactment

referencing the Governor of the State as His Excellency; then the politicians have allegedly

breached their powers under Section 106 to 108 by creating a Constitution in 1934. The

politicians and Governors then amended their Constitution Act 1934 several times allegedlywithout a Referendum. The politicians have continued their sovereignty over the people.

Therefore if the South Australian Parliament cannot prove that they have had a

Referendum and why they continued their Colonys enactment to all Acts, then Section

109 Commonwealth Constitution Act must apply to declare all law from 1901 invalid.

82. In reference to Tasmania, the Colony of Tasmania after their second Constitution Act in 1855

Constitution Act 1855 (Tas) to become self government changed their name of the Colony

from Van Diemens Land to Tasmania. The politicians and Lieutenant Governor continued

the enactment after agreeing to become a State from 1901 namely Be it enacted by His

Excellency the Governor of Tasmania, by and with the advice and consent of the

Legislative Council and House of Assembly, in Parliament assembled, as follows:-. Also

the Parliament of Tasmania enacted THE ACTS INTERPRETATION ACT 1931 (22 GEO V,

NO 59), contains the UK Coat of Arms on the Act with the same enactment before 1901.

This Acts Interpretation Act is current as of 2013 including Section 3-: Acts to be

construed subject to legislative powers of State. No law in Tasmania is read and

construed as per Section 15A Acts Interpretation Act 1901 namely subject to the

Commonwealth Constitution. Another example is the Aboriginal Lands Act 1995 (Tas)that cites the same enactment of His Excellency; but with the Tasmanian Coat of Arms on

that Act that King George V approved in 1917. The Tasmanian Parliament has continued

their enactment of His Excellency with the Tasmanian Coat of Arms even up to the latest Act

assented on 18-07-2013 namely the Consolidated Fund Appropriation Act (No. 2) 2013 (No.

29 of 2013).

83. The Parliament of Tasmania did not include a Referendum process into their 1855

Constitution, before the commencement of the Commonwealth Constitution Act in 1901. The

Parliament and Governors created their current Constitution Act 1934 assented on 14-01-1935

Constitution Act 1934 (Tas) containing the UK Coat of Arms and on page 46 is assented

only by the Governor Mr. E Clark. There is no reference to a Referendum within their

Constitution and with their Colonys enactment this appears to be a breach of Sections

106,107,108 and 128 of the Commonwealth Constitution Act. The latest version of

Tasmanias Constitution Act 1934 namely The Constitution of Tasmania; does not have a

Referendum process included into the Constitution, but under Schedule 4 contains several

amendments to this Constitution.
http://foundingdocs.gov.au/item-sdid-34.htmlhttp://www.austlii.edu.au/au/legis/tas/num_act/taia193122gvn59332/http://www.austlii.edu.au/au/legis/tas/num_act/taia193122gvn59332/http://foundingdocs.gov.au/item-sdid-36.htmlhttp://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=29!!2013!AT@EN!20130722220000;histon=;prompt=;rec=;term=http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=29!!2013!AT@EN!20130722220000;histon=;prompt=;rec=;term=http://foundingdocs.gov.au/item-sdid-32.htmlhttp://www.austlii.edu.au/au/legis/tas/consol_act/ca1934188/http://foundingdocs.gov.au/item-sdid-34.htmlhttp://www.austlii.edu.au/au/legis/tas/num_act/taia193122gvn59332/http://www.austlii.edu.au/au/legis/tas/num_act/taia193122gvn59332/http://foundingdocs.gov.au/item-sdid-36.htmlhttp://foundingdocs.gov.au/item-sdid-36.htmlhttp://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=29!!2013!AT@EN!20130722220000;histon=;prompt=;rec=;term=http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=29!!2013!AT@EN!20130722220000;histon=;prompt=;rec=;term=http://foundingdocs.gov.au/item-sdid-32.htmlhttp://foundingdocs.gov.au/item-sdid-32.htmlhttp://www.austlii.edu.au/au/legis/tas/consol_act/ca1934188/


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84. Tasmania Continued: The Parliament of Tasmania continued their sovereignty over the

people after 1901, with His Excellency referred to Governors or Lieutenant Governors of

the Colony, and no law including their 1934 Constitution Act being subject to the

Commonwealth Constitution. Therefore the Tasmanian politicians must prove that a

Referendum was conducted and approved by the people for all changes or Section 109

Commonwealth Constitution must apply to declare all law from 1901 to be invalid.

85. In reference to New South Wales, the New South Wales Constitution Act 1855 (UK)

- Documenting Democracy... The Colonys Parliament changed to the correct enactment

pertaining to His/Her Most Excellent Majesty in 1856 within the Government Loans Act

1856 No 1a Be it enacted by the Queens Most Excellent Majesty by and with the

advice and consent of the Legislative Council and Legislative Assembly of New SouthWales and by the authority of the same as follows:

86. As NSW was also in agreement to become a State under the Commonwealth of Australia

Constitution Act from 1901, the Parliament and Governor enacted the Governor-General's

Establishment Contribution Act 1900 No 78 Assented 11-12-1900.

As per Wikipedia and parliament.nsw.gov.au site; No Governor is listed from May 1901

to 26 May 1902. The NSW Parliament then enacted the Governor's Salary Act 1901 No 40

Assented 4-11-1901. Quote: Section 1. This Act may be cited as the Governors Salary

Act, 1901. Section 2 (4) For the purpose of the above provisions Schedule A to theConstitution Act (1855) is amended by substituting the figures 5,000 for the figures 7,000,

and the figures 400 in that Schedule. End Quote:

Comment: Neither these two Acts nor any other Acts appear to be subject to the

Commonwealth Constitution Act from 1st January 1901. New South Wales just like Victoria

did, amend their Governor Salary Act 1901 without a Referendum and NSW without the

assent from the Governor or inferably a temporary Governor. I have checked the

legislation.gov.uk website and UK Hansard, but there is no Governors Salary Act 1901 for

NSW or Victoria. According to AustLii legal site, it appears the NSW Parliament enacted

Sydney Harbour Trust Act 1900 (1901 No 1) assented 11-02-1901. The second Act by the

NSW Parliament was Consolidated Revenue Fund Act 1901 No 2 assented 9-08-1901 to the

last Act in 1901 namely the Shearers' Accommodation Act 1901 No 74 assented 28-12-1901

was inferably assented without a Governor. This continued with the first Act of 1902 namely

Advances to Settlers (Amendment) Act 1901 (1902 No 1) assented 15-01-1902 to

Necropolis Act 1901 (1902 No 20) assented 25-01-1902 inferably assented without a

Governor. Further Acts were assented from 11-07-1902 namely Borough of Drummoyne

Loan Enabling Act 1902 No 21 allegedly with the consent of a lawfully appointed Governor.
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93. All State Parliaments and the Governors enacted changes to all State Constitutions requestingthe Commonwealth Parliament to enact legislation to remove certain restrictive powers fromEngland. The NSW Parliament and Governor enacted this Constitutional change within theConstitutional Powers (New South Wales) Act 1978 No 130, This Act still contains the UK

Coat of Arms and the correct enactment with Her Most Excellent Majesty. Quote: An Act torequest the Parliament of the Commonwealth to enact an Act to remove certainrestrictions on the exercise of legislative power by the Parliament of New South Wales.

[Assented to 21st December 1978]. Section 2: The Parliament requests the enactment by theParliament of the Commonwealth of an Act in or substantially in the terms set out in Schedule1. Schedule 1. An Act To remove certain restrictions on the exercise of LegislativePower by the Parliament of New South Wales. Whereas the Parliament of New South

Wales has, by the Constitutional Preamble Powers (New South Wales) Act 1978, of that

Parliament, requested the Parliament of the Commonwealth to enact an Act in or

substantially in the terms of this Act: BE IT THEREFORE ENACTED by the Queen,

and the Senate and House of Representatives of the Commonwealth of Australia, as

follows. Section 3 In this Act the Colonial Laws Validity Act means the Act of theParliament of the United Kingdom known as The Colonial Laws Validity Act 1865;

87. Further changes to the Constitution Act 1902 No. 32. Constitution (Legislative CouncilCompensation) Act 1979 No 11, Constitution (Amendment) Act 1979 No 38, ConstitutionalPowers (Coastal Waters) Act 1979 No 138 consistent with the Commonwealth enacting thislaw and all States then amending their Constitutions without a Referendum. AlsoConstitution (Amendment) Act 1980 No 13, Constitution (Referendum) Act 1981 No 96concerns a Referendum that was held on 19-09-1981 regarding a Bill for members ofParliament to disclose pencuniary interests. Inclusive ofConstitution (Referendums)

Amendment Act 1981 No 97 An Act to amend the Constitution Further Amendment(Referendum) Act 1930 to alter the form of the ballot-paper used at a Referendum.

Then the Constitution (Legislative Assembly) Amendment Act 1981 No 102 this amendmentamends the Constitution Act 1902 within the Schedule namely Section 7B without a

Referendum to increase the years in Parliament from 3 to 4 years and other minor

amendments. Then the Constitution (Disclosures by Members) Amendment Act 1981 No103, Constitution (Consolidated Fund) Amendment Act 1982 No 95, Constitution(Enrolment of Acts) Amendment Act 1984 No 21, Constitutional Legislation (Repeal) Act1985 No 110 An Act to repeal the Constitutional Powers (New South Wales) Act 1978 and toannul the Privy Council Appeals Abolition Bill 1979. Section 2 The ConstitutionalPowers (New South Wales) Act 1978 is repealed and Section 3 The passage of the

Privy Council Appeals Abolition Bill 1979 through the Legislative Assembly and the

Legislative Council of New South Wales during the forty-sixth Parliament is annulled

and the Bill has no force or effect. (Without a Referendum). Also the Constitution(Amendment) Act 1986 No 57 Amends the Constitution Act 1902 by increasing the numberof members within the Legislative Assembly from 99 to 109, Constitution (LocalGovernment) Amendment Act 1986 No 111 An Act to amend the Constitution Act 1902 withrespect to the local government of the State of Part III Section 52 continuing a system ofLocal Government.
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101. In reference to Western Australia, the Colony in 1889 submitted theirConstitution Act

1889 to Queen Victoria that was assented on 25th July 1890. The Parliament commenced

using the correct enactment in 1891 as displayed within this Act namely the

APPROPRIATION (54 VICT. NO. 1) of 1891 Be it enacted by the Queens Most

Excellent Majesty, by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Western Australia, in this present Parliament assembled,

and by the authority of the same, as follows. The Parliament then enacted the

Constitution Acts Amendment Act 1899.

102.The Parliament and Governor of the State of Western Australia amended the 1899

Constitution Act and the 1889 Constitution Act by enacting these Constitutional

amendments Acts Constitution Act Amendment Act 1911, Constitution Act Amendment Act

1921, Constitution Act Amendment Act 1927, Constitution Acts Amendment Act 1931,

Constitution Acts Amendment Act 1931, Continuance Act 1932, Constitution Acts

Amendment Act 1931 Continuance Act 1933, Constitution Acts Amendment Act 1933,Constitution Acts Amendment Act 1934, Constitution Acts Amendment Act 1931

Amendment Act 1934, Constitution Acts Amendment (Temporary) Act 1934, Constitution

Acts Amendment Act 1942, Constitution Acts Amendment Act Amendment Act (No. 4)

1945, Constitution Acts Amendment Act (No. 1) 1947, Constitution Acts Amendment (Re-

election of Ministers) Act 1947, Constitution Acts Amendment Act (No. 1) 1948,

Constitution Acts Amendment Act (No. 4) 1950, Constitution Acts Amendment Act (No. 2)

1950.

103.The Parliament and Governor in 1952 proposed a Referendum namely the Referenda on

Proposals for Marketing of Wheat, Oats, and Barley, Act 1952, but the Referendum

process was not adhered to into the Constitution Act 1889 or 1899 Amendment Act. The

Politicians and Governors continued enacting amendments to the 1889 Constitution Act with

Constitution Acts Amendment Act (No. 2) 1954, Constitution Acts Amendment Act 1955,

Constitution Acts Amendment Act (No. 3) 1955, Constitution Acts Amendment Act 1958,

Constitution Acts Amendment Act (No. 3) 1959, Constitution Acts Amendment Act (No. 2)

1962, Constitution Act Amendment Act 1963, Constitution Acts Amendment Act (No. 2)

1963, Constitution Acts Amendment and Revision Act 1963, Constitution Acts Amendment

Act 1965, Constitution Acts Amendment Act (No. 2) 1965, Constitution Acts Amendment

Act (No. 3) 1965, Constitution Acts Amendment Act 1969, Constitution Acts Amendment

Act 1972, Constitution Acts Amendment Act 1973, Constitutional Convention Act 1974,

Constitution Acts Amendment Act 1974, Constitution Acts Amendment Act 1975,

Constitution Acts Amendment Act (No. 2) 1975, Constitution Acts Amendment (No. 3) Act

1975, Constitution Acts Amendment Act (No. 4) 1975, Constitution Acts Amendment Act

1977, Constitutional Powers (Coastal Waters) Act 1979 this Act co-incides with the

Commonwealth Parliament and all other States all without a Referendum.
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111.From 1901, the Commonwealth Parliament Acts were enacted Be it enacted by the

Kings or Queens Most Excellent Majesty, the Senate, and the House of

Representatives of the Commonwealth of Australia, as follows :-. The Queens Most

Excellent Majesty is confirmed within the Preamble of the Constitution.

This enactment also contained the lawful UK Coat of Arm or seal on all Acts from the

Commonwealth, State or Territory Parliaments. The correct enactment of His/Her Most

Excellent Majesty was confirmed on Page 301 Annotated Constitution 1901 by Quick and

Garran Quote: By the Queens Most Excellent Majesty: The enacting words, showing the

Authority by which the Commonwealth is created, are in the form in which Acts of

Parliament have been framed from a remote period of English history. End Quote This

enactment continued with the last Act passed by the Parliament and Governor General

number 139 assented 2nd November 1972: REPATRIATION (TORRES STRAIT

ISLANDERS) ACT 1972 (NO. 139, 1972). The correct enactment from 1900 was

repealed without a Referendum from 16th March 1973 SOCIAL SERVICES ACT 1973

(NO. 1, 1973) with all Commonwealth Acts commenced with an enactment ofBe ITENACTED by the Queen, the Senate and the House of Representatives of Australia, as

follows: This amended enactment was confirmed by the creation of the Royal Styles and

Titles Act 1973 enacted 19th October 1973 under the Queen of Australia also contains the

Great Seal of Australia by the Commonwealth, State and Territory Parliaments. A

Referendum is not recorded under the Australian Electoral Commission Referendum results

for the Commonwealth to amend the enactments or Seals to any Act of Parliament or to

create the Queen of Australia.

112.Continued comment of the Commonwealth Parliament Acts: From approximately 1979within the AUSTRALIAN FEDERAL POLICE ACT 1979 NO. 58, 1979 the enactmentwas amended slightly to "Be it enacted by the Queen, and the Senate and House ofRepresentatives of the Commonwealth of Australia, as follows:-" From after theenactment of the Australia Act 1986 all without a Referendum, the CommonwealthParliament changed the enactment as cited by Wikipedia and the Parliament of Australiawebsites before October 1990 to The Parliament of Australia enacts as follows.Inclusive of For constitutional amendments passed at a referendum: "The Parliament ofAustralia, with the approval of the electors, as required by the Constitution enacts

Documents

130929-From 1900 Changes in the Vic Constitution-Amended-By David Woods