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Natural Justice in Australia and more Legislation summaries

The laws of Australia are ecclesiastical and the supreme absolute and uncontrollable authority remains with the people. The federal parliament and the state parliament are not governing bodies, they are legislatures with limited powers, and any law which they attempt to pass in excess of those power is a no law at all, it is simply a nullity, entitled to no obedience.

Australia is bound through its constitution through the imperial laws of England, and its laws are required to be applied correctly in the administration of justice. Habeas Corpus which is still in full force in Victoria expresses: “No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgement of his Peers, or by the Law of the Land”.

Any Act which begins with “The Parliament of Victoria enacts as follows”, cannot be considered a valid Acts in Australia. This is an example of Parliament trying to exercise sovereignty which has been impossible since 1900 when the Commonwealth of Australian Constitution Act was passed by the Sovereign people of Australia, the passing of this Act converted all the parliaments into Constitutional parliaments which means that they have limited powers of creating legislation and absolutely no authority to amend or repeal any part of the Constitution that forms law in Australia.

The Sovereign electors confirmed in the 1984 referendum that the powers of the State cannot override Commonwealth Law. The background of the 1984 referendum is as follows; Question 2 concerned the interchange of powers: Enable the Commonwealth and States to voluntary change power with each other, 1 Dec 1984. A total of 47.06% voted YES to Question 2 which was not enough to carry through. This makes the Australian Act 1986 null and void and any State Parliamentary Act that stems from the Australia Act also of no effect to a Sovereign Subject. This is also supported by a decision of the County Court of Victoria in 2006 whereas the crown could not defend the Australia Act 1986 as being valid and thus is Ultra Vires, in the main as it does not comply with section 128 of the Commonwealth Constitution Act, of which the crown conceded to this fact.

In all states of Victoria, a proper Act of Parliament should begin with: “BE IT ENACTED by the Queen’s Most Excellent Majesty by and with the advise and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows”. This is the beginning to ALL Acts that are binding on subjects of Her Majesty as Quasi Laws. The Acts Interpretation Act 1901 (cth) sections 12 and 13 has directed the Court Judges and people of every State, notwithstanding anything in the laws of any State, to apply Schedules to the laws of the Commonwealth as law.

Clause 5 of the preamble of the 1898 draft of a Bill for an Act to constitute the Commonwealth of Australia states: “This Act and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on courts, judges and people of every state and every part of the Commonwealth notwithstanding anything in the laws of any state”.

The following document contains more key legislation summaries as well as a copy of the article above.

CLRG Law – Natural Justice in Australia

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