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