Part
V.--Powers of the Parliament.
Section
51. The Parliament shall, subject to this Constitution, have power
to
make
laws for the peace, order and good government of the Commonwealth
with
respect to:
.
(xii.
) Currency, coinage and legal tender:
.
(xiii.
) Banking, other than State banking; also State banking extending beyond
the limits of the State concerned, the incorporation of banks and the,
issue of paper money: Bank Notes issued
for gold held.
.
(xx.
) Foreign corporations, and trading or financial corporations formed within
the limits of the Commonwealth: No connection
to Work place relations
.
My
quote;
Subject
to Section 01; the Parliament is the Legislator of and for the
Electorate
can not be incorporated subject to Subsection 20 of Section 51,
which
is based on Trade and Commerce in Sections 92, 100 and
Subsections,
01 and 13 of Section 51.
.
(xxxv.
) Conciliation and arbitration, for the prevention and settlement of
industrial disputes, extending beyond the limits of any one State.
No
connection to Work place relations. Having one judge or umpire, is a Court
of no Jurisdiction.
.
My
quote;
The
Governor General, should not assent to Legislation that is not one the
Subsections
of Section 51.
.
All
Legislation should have the following example;
58.
A proposed law now passed by an absolute majority of both
Houses
of Parliament and presented to the Governor-General for the
Queen's
assent; he shall declare, according to his discretion, but subject to
the
Commonwealth of Australia Constitution Act.
Chapter
01, Section 51, Subsection (number),
that
he assents in the Queen's name.
.
From
the Imperial Acts Application Act 1980
BE
IT ENACTED by the Queen's Most Excellent Majesty by and with the
advice
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 (that is to say):
.
1.
Short title, commencement and division
This
Act may be cited as the Imperial Acts Application Act 1980 and shall
come
into operation on a day to be fixed by proclamation of the
Governor
in Council published in the Government Gazette and is divided
into
Parts and Divisions.
.
Commentaries
on the Constitution. Page 107 Note 33, and all laws,
come
from section 7 of the 1897 Preamble.
No
difficulty is suggested by the words, "and all laws made by the Parliament
of
the Commonwealth under the Constitution."
The
words "under the Constitution" are words of limitation and qualification.
Not
all enactment's purporting to be laws made by the Parliament are binding;
but
laws made under, in pursuance of the 39 subsections of Section 51
conferred
by the Constitution, and those only, are binding on the courts,
judges
and people.
.
A
law in excess of the 39 subsections of Section 51 conferred by the
Constitution
is no law; it is wholly void and inoperative; it confers no rights,
it
composes no duties; it affords no protection.
.
To
be valid and binding they must be within the domain of jurisdiction
mapped
out and delimited in express terms or by necessary implication,
in
the Constitution itself.
.
What
is not so granted to the Parliament of the Commonwealth is denied to it.
What
is not so granted is either reserved to the States, as expressed in
their
respective Constitutions, or remains vested but dormant in the people
in
the Commonwealth.
The
possible area enlargement of Commonwealth power,
by
an amendment of the Constitution, will be considered by Chapter VIII.
.
Every
legislative assembly existing under a Federal Constitution is merely a
subordinate
law making body, whose laws are of the nature of by-laws,
valid
whilst within the authority conferred upon it by the Constitution but,
invalid
or unconstitutional, if they go beyond the limits of such authority.
Chapter 5. The States Sections
109 and 117.
Section 109. When a law of a State
is inconsistent with a law of the
Commonwealth, the latter shall
prevail, and the former shall, to the extent of
the inconsistency, be invalid.
Section 117. A subject of the
Queen, resident in any State, shall not be subject
in any other State to any disability
or discrimination which would not be
equally applicable to him if
he were a subject of the Queen resident in such
other State.
My Question;
What right has any statutory
authority using police to invade the property of
any Living Soul, causing injury
and any disability or discrimination without
a warrant issued by the court?
What right has any court to
imprison any Living Soul for protecting their
Constitutional rights?