(i.) He or she must be an elector entitled to vote at the election of Senators and members of11. All State and Territory Legislative Councils;
the House of Representatives or a person qualified to become such elector and must have
been for five years at the least a resident within the limits of the Commonwealth as existing
at the time of the election and must understand and speak good english:
.
(ii.) He or she must be a natural born Australian Citizen or is at least five years naturalized
Australian Citizen under a law of the Commonwealth of a State or of a Territory.
for any Property and all Staff and employees and all public works road and rail construction13. The Senate may proceed to the dispatch of business even if any State or Territory has failed to
and maintenance.
All Local services and Parking and sewerage and water costs. No road tolls or parking fees.
.
New residential development and infrastructure and all factory and home and all other
building laws shall be of no cost to any Living Souls being the owner of the land and building.
That no smoke or any other discharge from any company stack.
All factory waste water discharge from any company must use existing sewerage facility.
.
National Grant;
for Farm Conservation and Company Emission control project.
.
Making use of sewerage water by treatment to be chemically pure for use for
Residential and public and Company toilets and Gardens and Parks and Reserves.
.
Salinity and water management and other environmental issues including
recycling of all used materials and shall be supplied free to all businesses and the public.
.
Financial markets shall not pressure any Federal or State or Territory Government or
Parliament to place as investments of;
water and electricity and gas that is supplied and used by the Living Soul for use in the home.
The Senate shall choose a President of the Senate for the time being.18. Before or during any absence of the President of the Senate the Senate may choose a senator to
.
The Senate shall before proceeding to the dispatch of any other business choose a senator
to be the President of the Senate and as often as the office of President of the Senate
becomes vacant the Senate shall again choose a senator to be the President of the Senate.
.
The President of the Senate shall cease to hold the office if he or she ceases to be a senator.
The President of the Senate may be removed from office by a vote of the Senate or may
resign from the office of the Senate by writing addressed to the Head of the Commonwealth.
(a) Shall be a minimum of two Members of the Legislative Assembly per every 100,000 People.26. Members of the Legislative Assembly shall be independent candidates representing the
If more than 100,000 People shall be one more Member of the Legislative Assembly.
.
If more than 100,000 People in any one or every State and Territory City Electorate
shall be one more Member of the Legislative Assembly.
.
(b) City areas in every State and Territory shall be divided into four or three City Electorates.
They being the Northern Electorate and Eastern Electorate and Southern Electorate
and Western Electorate or three City Electorates of the
Eastern Electorate and Southern Electorate and Western Electorate.
to be used between the States and Territories
of Australia or;
between this Country Australia and any other
Country for the decision
of a minimum vote of 51% of the total electors
in each of the Electoral Districts.
.
30. Every Legislative Assembly shall continue
for three years from the previous return of the writs and
no longer but the Head of the Commonwealth
may sooner by public announcement of the
ending of the Joint Sitting of Parliament to
prepare for the State and Territory election.
.
31. The Head of the Commonwealth in Council shall
contact the Head of the State within two days
of the announcement that the writs shall be issued
within ten days from the public announcement of
the ending of the Joint Sitting of Parliament
to prepare for election.
.
32. The Head of the Commonwealth in Council shall
cause writs to be issued for general election of
members of the State and Territory Legislative
Assembly.
.
33. The qualifications of a member of the House
of Representatives shall be as follows:
(i.) He or she must be an elector entitled to vote at the election of members of the34. The House of Representatives shall before proceeding to the dispatch of any other business
House of Representatives and Senators or a person qualified to become such elector and
must have been for five years at the least a resident within the limits of the Commonwealth
as existing at the time when he or she was chosen and must understand and
speak good english:
.
(ii.) He or she must be a natural born Australian elector or is at least five years naturalized
Australian elector under a law of the Commonwealth of a State or of a Territory.
Shall then present that legislation to the Head of the Commonwealth
who shall assemble a joint sitting
of the members of the Senate and the House of Representatives of the
Parliament of Australia and
include the States and Territories legislation with Commonwealth legislation.
.
All legislation shall be one national law for the Commonwealth instead
of the independent laws of the
Commonwealth Parliament and the individual States and or Territories
so that the Living Souls and
all companies and all transport businesses of Australia shall not be
subjected to the costs of and
to such accumulation of laws.
.
(1). All Public Meetings;
All Decisions shall be based on a minimum vote of 51% of the total
electors in each of the
Electoral Districts who are 17 years of age and over. This may replace
C.I.R.
Each person that attends the meeting shall record their name and address
on entry.
.
The Member of the Legislative Assembly
shall advertise or visit each residential address of those
people to discuss a suitable time and date and transport that may enable
those
people to attend a meeting.
.
Any person who lives in the Electoral District that is unable to attend
the meeting the Member of the
Legislative Assembly shall visit each
residential address of those unable to attend and discuss the
decisions that were accepted by those present and if possible ask for
that persons decision.
.
Each Person who submits their idea that persons name will be attached
to that persons idea.
After all submissions have been recorded with each persons name attached
a vote will be
taken and the successful one will become the Hansard to be Tabled in
Parliament with that persons
name and the name of the Member of Parliament attached.
A copy of the successful submission shall be given to that Person.
Subsection of (31. ) of Section 51 states;
The acquisition of property on just terms from any State or person
for any purpose in
respect of which the Parliament has power to make laws.
.
(4). The acquisition of property on
just terms as an easement.
An easement is a grant of rights over land by the property owner in
favour of another person, to enter
onto land for the purpose of installing and maintaining facilities
such as cables, pipelines etc.
This may not acquire the land from the Land holder as the surface can
be used by the Land holder.
.
(5). National Farmers Conservation
Assistance Project.
The State or Territory shall make no claim by the compulsory acquisition
or easement process.
The program encourages land holders to develop innovative projects
that focus on managing part or
all of their property for conservation outcomes rather than for the
traditional pastoral purposes.
This will enable the resident Title Holder to continue earning Income
using the innovative projects.
.
Rather than removing domestic stock and the stopping of all production
of the property the program
is based on achieving positive conservation outcomes through active
and adaptive management.
This will help to maintain the natural vegetation and all of the natural
wild life living in the area.
The successful completion of agreed conservation based management activities
form the basis of
land holders receiving a series of annual payments.
This shall not include Agriculture and or the excessive use of Water.
Every senator and every member of the House of Representatives shall
before taking his seat make
and subscribe before the Governor-General, or some person authorised
by him
an oath or affirmation of allegiance in the form set forth in the schedule
to this Constitution.
A member of either House of the Parliament shall be incapable of being
chosen or of sitting as a
member of the other House.
A member of either House of the Parliament is a Member of Parliament
and are Legislators only.
A member of either House of the Parliament is not of the Public Service
and
is seperate from the Public Service.
A member of either House of the Parliament shall not withdraw from the
Consolidated Revenue Fund
any money to pay for any trips to any other Country.
A member of either House of the Parliament shall not withdraw from the
Consolidated Revenue Fund
any money to pay for advertisements.
No Federal or State Government or Parliament shall
become a Corporation or be Incorporated or
have any Franchises.
42. Federal and State and Territory
Parliaments;
All State and Territory Legislative Councilors
and Legislative Assembly and Senate and
House of Representatives candidates may serve
a maximum of two three years terms.
A total of six years and after that shall not
nominate for re-election.
This shall stop all Candidates becoming career Members of Parliament
and Legislators.
.
Each Member of the Federal Senate and House of
Representatives and State and Territory
Legislative Council and Assembly shall not be
members or representatives of any political party or
group or corporation or company in or outside
Australia or employed by the Federal or State or
Territory public service.
.
No Member of the Federal Senate and House of
Representatives or State and Territory
Legislative Council or Assembly shall serve on
the United Nations or the Boards of any of the
Associations of the United Nations.
.
No United Nations or political party or any other
group shall
come between any Federal or State or Territory
Candidate and
the Living Souls resident in Australia.
Commonwealth Parliament shall continue to introduce and pass legislation
and each
Legislative Council and Legislative Assembly in each State and Territory
shall continue to introduce
and pass legislation.
The Commonwealth Parliament and each State and Territory Parliament
and each
State and Territory Constitution shall continue as according to this
Constitution.
.
There shall be no preferred 2 party system of
Parliament. No Political Parties in opposition nor shall
there be any form of Local Government.
There shall not be a party leader or party in
opposition and that no Senator or
House of Representative shall be a member of
any political party.
.
Each individual Political Party and the Agenda
of each and Local Government and election of
Councilors will be abolished from all Federal
and State and Territory Parliaments.
.
This Constitution to provide for all electoratesin
each Federal and State and Territory elections that
result in one vote one value so to vote for members
each elector shall vote only once and
each electors vote shall be counted only once.
.
Political parties and the media coverage of those
Political parties limits the balance of the
national electorate and one vote one value not
the difference between the rural and metropolitan areas.
All Senate and House of Representatives candidates
shall not form a group and shall act in
accordance with this the Commonwealth
of Australia Constitution Act.
.
43. The Mandate;
Living Souls the right of a Mandate in the form
of a Will to either House of the
Parliament of the Commonwealth of Australia.
The Living Souls being the Mandator will have
a right to Mandate the Head of the Commonwealth or
Head of the State and all States and all Territories
of Australia and all Candidates in Parliament being
the Mandatary for the Living Souls to initiate
the Mandate.
.
43:1. The right to petition either House of
the Australian Parliament.
a. Parliament shall make NO law that takes away
the right of the people to petition the Parliament
for a redress of grievances.
.
b. That it is an inherent right of every Elector
of Australia to prepare and present petitions to the
House in case of grievance and of the House of
Representatives to receive them.
c. That it is the undoubted right and privilege
of the House of Representatives to adjudge and
determine touching the nature and matter of such
Petitions how far they are fit and unfit to be received.
.
(b.) The Australian electors have the Right to
Electors Revolt at any election of the Senate or
House of Representatives.
.
43:2 Freedom of Speech and Peaceful Assembly
This Constitution guarantees Freedom of Speech
and Peaceful Assembly in groups or united national
protest of the Living Souls shall while the right
continues be prevented by any law of the
Commonwealth or of any State or of any Territory
from any form of speech and or
displaying placards which deals with the political
process and with issues which concern the rights of
the Living Souls the functioning of Parliament
or public policy or administration.
.
But shall not include any form of violence or
any attacks on members of the Police or property damage
and any markings or painting on any surface and
shall not include any form of violence or any
attacks on members of the Peaceful Assembly or of
groups or of united national protest of the Living
Souls and personal property damage by the Police and
or the Naval and Military and Air Force.
.
43:3 Women
Women shall possess and may exercise the right
to vote at parliamentary elections subject to the same
qualifications and in the same manner as men.
.
Any one woman shall possess and may exercise
the same right to nominate for a seat in the Senate or
nominate for a seat in the House of Representatives
subject to the same qualifications and in the
same manner as any one man.
.
A woman shall not be disqualified for being elected
to or sitting or voting as a member of either
House of the Parliament because of her sex or
marriage.
.
44. Any person who;
(i.) Is under any acknowledgment of allegiance or obedience or adherence to a foreignshall be incapable of being chosen or of sitting as a senator or a
power or is a subject or a citizen or entitled to the rights and privileges of a subject or
citizen of a foreign power and including:
.
Section 81 and all Subsections of Section 84 of this Constitution and the signing of any
Agreements or any Treaties with any foreign power or country
and not have the acceptance of the Living Souls of any Agreement or any Treaty with
any individual country or foreign power or;
.
(ii.) Is subject to be sentenced of treason or has been convicted and is under sentence or
subject to be sentenced for any offense punishable under the law of the Commonwealth or
of a State by imprisonment for one year or longer.
.
Treason: Betraying of the Government or an attempt to overthrow it treachery disloyalty.
Treason felony: The crime of desiring to remove the sovereign or Head of State intimidate
Parliament stir up a foreign invasion.
High Treason: Offences against the State or disregard this Constitution in any way or the
People of the Commonwealth who are protesting against any proposed law or
.
(iii.) Is an undischarged bankrupt or insolvent.
.
(iv.) Holds any office of profit under a foreign power or State or a Territory of a foreign
power or any pension payable during the pleasure of the foreign power out of any of the
revenues of the foreign power: or
.
(v.) Nominating for position of senator or member of the House of Representatives:(a) shall not have any direct or indirect interest relating to or consisting of(vi) that if any Senator or House of Representative be a member of any political party;
money in any agreement or employment with the Public Service of the
Commonwealth and a member and in common or employment with any
company if elected the Candidate shall
(b) within 10 days after the election of either one or both Houses terminate the
employment in writing to the Secretary of the place or places of employment.
(i.) Becomes subject to any of the disabilities: orIf by Double Majority Referendum the Living Souls vote against the Proposed Legislation and the
.
(ii.) Takes the benefit whether by assignment composition of any law relating to bankrupt or
insolvent debtors or:
.
(iii.) Directly or indirectly takes or agrees to take any fee or honorarium for services
rendered to the Commonwealth or for services rendered in the Parliament to any person or
State includes any Public Minister his or her place shall then become vacant.
.
(iv) Double Dissolution shall only be used subject to any of the disabilities mentioned in
sections Part 4 and Chapter Two the Head of State may dissolve
the Senate and the House of Representatives simultaneously or shall be used only when a
member of the Senate or the House of Representatives has committed an offence against this
Constitution. The offending member or if more than one offending member that member or
those Members shall not ever again nominate for election.
Subject to this Constitution the writs shall be issued within ten days from the
expiry of House of Representatives or from the public announcement of the ending of the
House of Representatives to prepare for election.
a) shall scrutinize the making of treatiesof the treaty making process before the tabling of all Agreements and or Treaties
b) the preparation and tabling of national interest analyses
c) the increased availability to information about treaties
d) to the Parliament and the Living Souls of Australia
e) the effects of the Agreement or Treaty
f) on all Australian businesses and of farmers forced out of farming and
g) loss of jobs.
a. The orderly conduct of the business and proceedings of the Senate and of the49:1. There shall be payable out of the Consolidated Revenue Fund of the Commonwealth for the
House of Representatives:
.
b. The mode in which the Senate and the House of Representatives shall confer
correspond and communicate with each other relative to votes or proposed laws:
.
c. The manner in which notices of proposed Legislation and resolutions and other
business intended to be submitted to the Senate and the
House of Representatives shall be published for general information:
.
All Legislation shall have reference to any one or more subsections of Part Five;
Example; Taxation.
This Act is with respect to Commonwealth of Australia Constitution Act 1900.
Chapter 1 and Part Five and Subsection 2 of Section 51 is Taxation.d. Manner in which proposed Legislation are to be introduced and passed and numbered and
shall be referenced to that Subsection between 1 and 39 of Part Five.
.
e. The proper presentation of any proposed laws passed by the Senate and the
House of Representatives to the Head of the Commonwealth for assent.f. The Federal or State or Territory Parliament shall not in any type or form become a
corporate or user pays form of Government or Parliament.
peace. The People.51:1. The Parliament shall have no power to Legislate on any proposed Legislation if the proposed
The conciliation of all People, Freedom from civil disorder, reduce time in Parliament and
provide for regular contact with the Living Souls of the Commonwealth of Australia.
The initiative to start projects that are agreeable and beneficial to the People of and in each
electorate of the Commonwealth.
.
order. The Judiciary.
To put in order and the administration of justice that protects the good law abiding
Living Souls of Australia. Legislation published to all the People and not for financial gain.
Prison terms only for murder and manslaughter and assault and those
who are dangerous to the public.
A true democratic and economic democracy.good Government. The Executive Government.
Head of the Commonwealth as the direct representative of and for the People of Australia and
extends to the execution and maintenance of this Constitution and of the laws of
the Commonwealth. Not travel overseas to other nations signing agreements and or treaties
that are not with the consent of and beneficial to the People of Australia.
(a) All Legislation shall be available free of any cost and of charges to the Public..
(b) If any cost and of charges that Legislation shall not be valid and no member of the
Public or any court of law shall be required to have any obedience to it.
(c)All Fines that have been passed by Federal or State Parliaments that Legislation shall
remain as such and shall only be changed by Federal or State Parliaments.
No Legislation shall be tied to the Inflation Rate.
51:5. All Legislation shall have direct reference to this Part Five included in title of that Act.
Example:All Legislation shall be Titled and worded to match the Subsection number
Trade and commerce;
(a) This Act is with respect to Commonwealth of Australia Constitution Act 1900.
Chapter 1 Section 51:5 Subsection 1 -- Trade and commerce.
(1.) The regulation of trade and commerce with other countries, and among the several States:
(a) The signing of any agreement or treaty with any country shall be subject to(2.) There shall be no taxation except for Customs duty on all imports;
Section 77 (i) of this Constitution.
(a) only for the purpose of shelf prices of all imported goods shall be equal to the(3.) Sum paid to manufacturers and farmers and producers on the production or export of goods
shelf prices of all goods manufactured in Australia.
(a) Income to all States and all Territories but so as not to discriminate between(4.) Abolish borrowing money in Australia on the public credit of the Commonwealth
States or parts of States.
(b) National Farmers Conservation Assistance Project.
A five year program that provides an innovative yet practical method to deliver
financial incentives to landholders to balance conservation and production outcomes.
(a.) private debts of all individuals and all business such as mortgages and loans and overdrafts;The Reserve Bank of Australia and other commercial banks may lend to international;
(b.) industrial and commercial debt which are owed by all businesses;
(c.) all Federal and all States and Territories and all Local government debts.
(a.) individual overseas Government or(5.) Postal, telegraphic and telephonic and water from any source and military services shall not be
(b.) individual overseas corporation or
(c.) individual overseas residents who are not Australian residents or citizens.
(a) Subject to Chapter 4 Finance and Trade.(13.) Banking other than State banking also State banking extending beyond the limits of the
(a) Subject to Chapter 4 Finance and Trade.(14.) Insurance other than State insurance also State insurance extending beyond the limits of the
(a). All persons shall individually be responsible for their own safety.(15.) Weights and measures:
(b). Insurance payments shall be subject to Chapter Four Section 115.
(a) Subject to Chapter 4 Finance and Trade.(17.) Bankruptcy and insolvency:
(a) Promote the progress of science and useful arts by securing for limited times to authors(19.) Naturalization and aliens:
and inventors the exclusive right to their respective writings and discoveries;
(a) Workers wages and entitlements will take precedence before any creditor including anyAny Corporation trading and failing to correct the above in all of subsection 20 shall cease all
commonwealth or any State or Territory Tax collection or any executive or executives
of and in any Australian corporations.
.
(b) All Executive or executives and Employees shall be Australian Citizens of and in any
Australian or foreign corporation and shall not fail to make provision for the workers wages
and entitlements shall be responsible for the payment of the workers wages and entitlements.(c) Any Corporation or any business shall not legally be a person the corporation does not
think, the people in it think and no Corporation or business shall show;
(21.) Marriage and births and deaths:
(a). Marriage shall be between a man and a woman only which may include the birth of one(22.) Divorce and matrimonial causes and in relation to that or it parental rights and the custody
child or more than one child.
No Son or Daughter shall ever, divorce them self from their parents.Thou shall not Kill the unborn child.
No person who has or acquires a right to have children shall while the right continues be
prevented by any law of the Commonwealth or any State or any Territory from making
their own decisions who between them being the Father Mother each Child and the man or
women who because of the Separation or Divorce is now the Person who has replaced
either the Father or the Mother.
The Parliament shall establish Family Relationship Centres which will design(23.) Disabled and old age pensions:
parenting plans for divorcing couples so that custody residence and other issues in
regard to children can be resolved without bitter disputes.These Centres could be expanded or separate government Centres established
where pregnant girls and women can receive advice and assistance on how they can
continue with their pregnancy without abandoning their education or
chosen career path.Focus more on collecting umbilical cord blood from most births and storing the samples
in a public bank there would be a suitable match for almost everyone.
The source known as Wharton's Jelly surrounds the three umbilical cord blood vessels
connecting the fetus and mother.
No law shall be based on a persons feelings, for example;(25.) The recognition throughout the Commonwealth of the laws the public Acts and records and the
A man may offend a woman by some act and be charged and imprisoned but another man
may do the same act and the woman not feeling offended does not lay any charge the
same applies to all other circumstances including Religion.
The legislation governing the Australian flag and its use is a Commonwealth Act.(26.) The people of any race for whom it is deemed necessary to make special laws:
the Australian flag and Anthem shall belong to the people of Australia and is not
just a symbol of government and to protect the Australian flag from being destroyed and
dishonored in Australia including all States and Territories.
.
There shall be a Double Majority Referendum within the Commonwealth for a
National Flag.
There shall be a Double Majority Referendum within the Commonwealth for a
National Anthem.
.
Documents.
The signing of all Documents witnessed or not the Signature of all persons signing the
Document shall sign at the bottom and under the text of the Document.
.
Residence on any property;
No person or persons shall take residence on any property and not have the written
consent of the Title Holder and Owner of the Property shall be guilty of Trespass.
(27.) Immigration and emigration:
(28.) The influx of criminals:
.
(29.) International agreements and Treaties:
(a) Subject to Section 77 (i) of this Constitution.(30.) The relations of the Commonwealth with the islands of the Pacific:
(a) Subject to Section 77 (i) of this Constitution.(31 The acquisition of property at market value per square metre from any State or Living Soul
A person holding a weapon who is claiming self defense shall not be charged by any(37.) Matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any
authority such as police.
.
If the police have been called to the scene of the crime or a road accident they shall take
statements and other particulars as required by law but shall not form their own opinion and
these statements shall be recorded in the police report. The police report must then be
signed by the person or persons that were questioned.
.
The information in the police report can then be used in a court of law where it shall be the
right of any person to use the police report as part of or to appeal the case.
.
Object of a weapon was to assist weakness to cope with strength but not kill the offender.
That no government shall deprive people for whom they are responsible of
the right to defend themselves.
peace. The People
The conciliation of all People Freedom from civil disorder reduce time in Parliament and
provide for regular contact with the Living Souls of the Commonwealth of Australia.
The initiative to start projects that are agreeable and beneficial to the People of and in each
electorate of the Commonwealth.
.
order. The Judiciary
To put in order the administration of justice that protects the good law abiding
Living Souls of Australia. Legislation published to all the People and not for financial gain.
Prison terms only for murder manslaughter assault and those who are dangerous to the public.good Government. The Executive Government
Head of the Commonwealth as the direct representative of and for the People of Australia
and extends to the execution and maintenance of this Constitution and of the laws of the
Commonwealth. Not travel overseas to other nations signing agreements and or treaties
that are not with the consent of and beneficial to the People of Australia with respect to;
(i.) The seat of government of the Commonwealth and all places acquired by the
Commonwealth for public purposes but shall not include any private property: ?????(ii.) Matters relating to any department of the public service the control of which is by this
Constitution transferred to the Commonwealth shall apply only to the following:Subject to Chapter Four.
When any department of the public service of a State becomes transferred to
the Commonwealth.Chapter Four. When any departments of the public service of a State is transferred to
the Commonwealth--
(i.) All property of the State of any kind, used exclusively in connexion with the department,
shall become vested in the Commonwealth.
Chapter Five. The Parliament of a State may surrender any part of the State to53. proposed legislation appropriating revenue or moneys or imposing taxation shall not originate in the
the Commonwealth and Chapter Seven the seat of government.
.
(iii.) Other matters declared by this Constitution to be within the power of the Parliament.
.
(iv.) National Flag and Anthem for the Commonwealth of Australia by
Double Majority Referendum.
56. If the referendum fails to accept any proposed
legislation the Head of the Commonwealth may
end and discontinue meetings of the proposed
legislation.
The
Head of the Commonwealth
shall by official notice announce the results to the public that it
has not received the assent of the Living Souls
of Australia.
.
(1). If the referendum accepts any proposed legislation
the results shall be given to the
Head of the Commonwealth who shall contact the Head of the State of
each State and the
Administrator of each Territory to appoint two members
of the Legislative Council to be members
of the Senate and two members
of the Legislative Assembly to be members
of the
House of Representatives. To assemble for a joint
sitting of both Houses of the Federal Parliament.
.
(2). The members present at the joint sitting
shall accept the result of the Referendum and shall be
passed by both Houses of the Parliament and shall
be presented to the
Head of the Commonwealth for assent.
.
(3). The
Head of the Commonwealth
shall by official notice announce the results to the public that it
has received the assent of the Living Souls of
Australia that it has been be passed by both
Houses of the Parliament and the assent of the
Head
of the Commonwealth to become law.
.
58. When a proposed Legislation passed by both
Houses of the Federal Parliament is presented to
the Head of the Commonwealth he or she shall
declare and according to his or her discretion but
subject to this Constitution that he or she assents
in the name of the Living Souls or that he or she
withholds assent or that he or she reserves the
law for the Referendum of the Living Souls.
.
(1). The Head of the Commonwealth may return
to the house in which it originated any
proposed Legislation so presented to him or her
and may transmit any amendments which he or she
may recommend and the two Houses of Parliament
shall deal with the recommendation.
.
Each Commonwealth Legislation shall include the
clause of Assent;
All proposed Legislation now passed by an absolute
majority of each and both
Houses of Parliament and presented to the Governor
General for Assent; he shall declare, according to
his discretion, but subject to the Commonwealth
of Australia Constitution Act.
Chapter 01, Section 51, Subsection (number),
and signed by his or her own hand, the Signature of
the Head of the Commonwealth for the Commonwealth.
.
This Legislation shall come into operation on
a day to be fixed by proclamation of the
Head of the Commonwealth in Council published
in the Government Gazette.
.
Each State and Territory Legislation shall include
the clause of Assent;
All proposed Legislation now passed by an absolute
majority of each and both Houses of Parliament
and presented to the Head of the State for the
State for Assent; he or she shall declare, according
to his or her discretion and Assented by the
Head of the State for the State of "Name of State" in this present
Parliament assembled and shall include by his
or her own hand the Signature of
the Head of the State for the State.
.
This Legislation shall come into operation on
a day to be fixed by proclamation of the
Head of the State for the State in Council published
in the Government Gazette.
.
Each Territory Legislation shall include the
clause of Assent;
All proposed Legislation now passed by an absolute
majority of each and both Houses of Parliament
and presented to the Administrator of the Territory
for the Territory for Assent; he shall
declare, according to his or her discretion and
Assented by the
Administrator of the Territory for the Territory
of "Name of Territory" in this present Parliament
assembled and shall include by his or her own
hand the Signature of the Administrator of the Territory.
.
This Legislation shall come into operation on
a day to be fixed by proclamation of the
Administrator of the Territory in Council published
in the Government Gazette.
.
(2). Instruments made under Acts;
The terms "amendment" or "regulations" or "statutory
rules" or "subordinate legislation" or "by-laws".
It is sometimes also called delegated legislation.
The question here is; when is a law, a law?
.
Amendment Bills will usually refer to the 'Principal
Act', which is the major
piece of legislation being amended by the new
law.
All Instruments made under Acts shall not be
allowed in any part of the Commonwealth of Australia.
.
Legislation is the direct operation as sources
of rights and obligations and shall be the only
legislation that is binding on all Courts, Judges,
Juries and Living Souls.
.
( a ) Legislation passed shall remain law and(3). After the Referendum the Head of the Commonwealth shall by speech or message to each of the
( b ) the Legislation rejected shall cease to be law.
Parliament involving the Living Souls of Australia.
.
Instruments made under Acts Canberra;
Acts also authorise the making of other laws
(mainly regulations) and instruments of various kinds
(for example, providing appointment of people
to positions or determining fees and charges).
Because the Legislative Assembly does not necessarily
have time to attend to these matters, under our
constitutional system the government of the day,
acting through its departments and other agencies
deals with them.
For reason, laws made the Legislative Assembly
generally give powers to make regulations and other
instruments. In this way the law on a subject
may be divided between the Act
(laying down the main features of the proposal),
regulations
(dealing with more detailed rules which may need
to change quickly) and other instruments
to operate in particular situations. Because
the power to make regulations is given or delegated by the
Legislative Assembly, they are sometimes referred
to a delegated legislation or ‘subordinate laws’.
Although regulations are the most common type
of subordinate laws,
other kinds are rules of court and by-laws.
****
This section to be fixed as to this constitution.
HOW LAWS ARE MADE
One of the most important things a Parliament does is to pass Bills, which
is
what our laws are known as when they are first debated by Parliament. Before
a government Bill comes to Parliament the appropriate Minister must convince
Cabinet to proceed with the legislative proposal it contains. After agreement
is
reached, the matter is passed to the Parliamentary Counsel, whose staff
use
their legal skills, with instructions from the Minister, Cabinet or the
relevant
government agency, to draft a Bill for Parliament to consider.
BILLS: Definition
A Bill can be defined as a document which contains a draft proposal for
a new
law, or an amending proposal for an alteration to an existing law. It must
receive the approval of each House before it can become legislation - i.e.
an
Act, Statute or Law. Most bills are Public Bills and are introduced by
the
Minister whose agency will be responsible for implementing and administering
the legislation.
Any Member of Parliament is entitled to prepare and present a private
member's Bill for debate, but because the Government of the day is in control
of the proceedings it may be difficult for non-government Bills to receive
the
same consideration that government Bills receive. Similarly, any Member
may
propose amendments to any Bill during the Committee stage, but such
amendments will usually be accepted by the Government only if the proposal
has been agreed to in advance.
LEGISLATIVE
PROCESS
First
Reading
Parliament starts its formal consideration of a Bill with the First Reading.
Historically the Clerk - an Officer of each House of the Parliament - was
required to read the full text of the Bill out loud, but in modern times
only the
long title of the printed Bill is read out. No other debate or action occurs
at the
First Reading stage. This allows time for MPs to familiarise themselves
with
the Bill and it is usual that a minimum fixed number of days (2 in the
House of
Assembly and 3 in the Legislative Council) must pass before the next stage.
Second Reading
The relevant Minister or Member in charge of the Bill moves a motion that
the
Bill 'be now read the second time' and then outlines the policy and intentions
of the Bill to the House in what is known as the Second Reading Speech.
After the Minister has finished this speech the Opposition and other Members
are entitled to make speeches indicating their support for the Bill or
any
criticisms of it. Such speeches may occur over several days. Only after
the
Second Reading debate is completed, which means the Bill has been agreed
to 'in principle', can the Bill move on to the next stage.
Second Reading speeches are important because they may be used by
members of the legal profession to help them decide when interpreting the
law
what the Parliament's intentions were. Because of this important function
certain 'extrinsic' or 'explanatory' material is often distributed at this
stage;
this may include a fact sheet explaining the reasons for the Bill and perhaps
clause notes in plain English.
Committee Stage
It is possible to skip this stage and go directly to the Third Reading
if the
Members of the House support the Bill, but it is more usual that when a
Bill
has passed its Second Reading stage the House moves into the 'Committee
of the Whole' (which is every Member of the House) to examine or amend
the
Bill in detail, clause by clause. The relevant Presiding Officer (the Speaker
of
the House of Assembly or the President of the Legislative Council) leaves
the
Chair on these occasions and the Chair of Committees assumes the Chair
at
the Table in order to maintain control of the debate. This Committee then
proceeds to consider, agree to or amend each clause, ending with the title
of
the Bill.
At the conclusion of the detailed consideration of the Bill the Chair of
Committees must report progress or completion of the debate to the relevant
Presiding Officer.
Note that the Committee Stage refers specifically to the detailed
consideration of a Bill and should not be confused with the operations
of
Parliamentary Committees which undertake investigations outside the
Houses.
Third Reading
Having resumed the Chair the Presiding Officer receives a 'certified' copy
of
the Bill from the Chair of Committees. At this stage it is only the report
from
the Committee that can be discussed because the 'in principle' or Second
Reading stage of the Bill cannot be debated again. After the report of
the
Committee of the Whole has been accepted the next step is a formal motion
proposed by the Speaker that the Bill 'be now read the third time' which,
if