Constitution Alteration (President of the Commonwealth of Australia)
1996
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CHAPTER FOUR; FINANCE AND TRADE
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81. The Head of State shall convene a joint sitting being the Parliament
of the members of
the Senate and of the House of Representatives and the Chartered Accountant
as Public
Minister to administer the Consolidated Revenue Fund of the Commonwealth
where;
all revenues or moneys raised or received shall form one Consolidated
Revenue Fund to be
appropriated for the purposes of the Commonwealth in the manner and
subject to the charges and
liabilities imposed by this Constitution.
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82. The first charge shall form; the costs and charges and expenses
incident to the collection and
management and receipt of the Consolidated Revenue Fund and the revenue
of the Commonwealth
shall in the first instance be applied to the payment of the expenditure
of the Commonwealth.
Shall in the second instance be applied to the payment of the expenditure
of the
Commonwealth of Australia and no finance shall
be sent to any Government or
Parliament in any other Country.
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83. No money shall be drawn from the Consolidated Revenue Fund of the
Commonwealth except
under appropriation made by law subject to this Constitution.
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The Head of the Commonwealth in Council may draw from the Treasury
and expend such moneys as may be
necessary for the maintenance of any department transferred to the
Commonwealth and for the
holding of the first elections for the Parliament.
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84. When any department of the public service of a State becomes transferred
to the Commonwealth
all officers of the department shall become subject to the control
of the
Head of the Commonwealth in Council of the Commonwealth.
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(a). Any such officer who is not retained in the service of the Commonwealth
shall unless he or she is
appointed to some other office of equal salary and entitlements in
the public service of the State be
entitled to receive from the State any pension gratuity or other compensation
payable under the law
of the State on the abolition of his or her office.
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(b). Any such officer who is retained in the service of the Commonwealth
shall preserve all
his or her existing and accruing rights and shall be entitled to retire
from office at the time
and on the pension or retiring allowance which would be permitted by
the law of the State if
his or her service with the Commonwealth were a continuation of his
or her service with the State.
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(c). Such pension or retiring allowance shall be paid to him or her
by the Commonwealth; but
the State shall pay to the Commonwealth a part of pension or retiring
allowance to be
calculated on the proportion which his or her term of service with
the State bears to his or
her whole term of service and for the purpose of the calculation his
or her salary shall be
taken to be that paid to him or her by the State at the time of the
transfer.
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85. When any department of the public service of a State is transferred
to the Commonwealth
(i.) All property of the State of any kind used exclusively
in connection with the department
shall become the absolute authority in the Commonwealth:
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(ii.) The Commonwealth may acquire any property of the State of any
kind used but not
exclusively used in connection with the department; the value of the
property shall if no
agreement can be made be ascertained in as nearly as may be the manner
in which the
value of land or of an interest in land taken by the State for public
purposes only; shall be
based on the price paid per one square metre of land on the last date
of the nearest land sold:
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(iii.) The Commonwealth shall compensate the State for the value of
any property passing to the
Commonwealth under this section; if no agreement can be made as to
the mode of
compensation it shall be determined on the price paid per square metre
for the total area of
the property on the last date of the last sale of the nearest
property:
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(iv.) The Commonwealth shall at the date of the transfer assume the
current obligations of the
State in respect of the department transferred.
86. The collection and control of duties of customs and of excise and the
control of the payment of
bounties shall pass to the Executive Government of the Commonwealth.
Uniform duties of customs shall be imposed on all imports from all
foreign countries only.
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87. During a period of ten years after the establishment of the Commonwealth
and until
the Parliament otherwise provides of the net revenue of the Commonwealth
from duties of customs
and of excise not more than one fourth shall be applied annually by
the
Commonwealth towards its expenditure.
The balance shall in accordance with this Constitution be paid to the
several States or applied
towards the payment of interest on debts of the several States taken
over by the Commonwealth.
88. Uniform duties of customs shall be imposed within two years after
the
establishment of the Commonwealth.
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89. Until the imposition of uniform duties of custom--
(i.) The Commonwealth
shall credit to each State the revenues collected therein by the
Commonwealth.
(ii.) The Commonwealth
shall debit to each State--
(a) The expenditure therein of the Commonwealth incurred solely for the
maintenance
or continuance as at the time of transfer of any department transferred
from the State
to the Commonwealth;
(b) The proportion of the State according to the number of its people in
the other
expenditure of the Commonwealth.
(iii.) The Commonwealth
shall pay to each State month by month the balance (if any) in favour
of the State.
90. On the obligation of uniform duties of customs; the State or Territory
Parliament shall
have no power to charge duties of customs and of excise and to grant
bounties on the
production or export of goods.
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91. Nothing in this Constitution prohibits a State or Territory from
granting any aid to or bounty on
mining for gold or silver or other metals not from granting with the
consent of both
Houses of the Parliament of the Commonwealth expressed by resolution
any aid to or
bounty on the production or export of goods.
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92. On the imposition of uniform duties or charges of customs and trade
and commerce and
intercourse and social communication connections by dealings or between
individuals among the
States whether by means of internal carriage or ocean navigation shall
be absolutely free.
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94. After five years from the imposition of uniform duties of customs
the Parliament may provide
on such basis as it deems fair for the monthly payment to the several
States of
revenue of the Commonwealth.
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96. The Parliament may grant financial assistance to any State or Territory
on such terms
and conditions as the Parliament thinks fit.
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97. Until the Parliament otherwise provides the laws in force in any
Colony which has become or
becomes a State with respect to the receipt of revenue and the expenditure
of money on account of
the Government of the Colony and the review and audit of such receipt
and expenditure shall apply
to the receipt of revenue and the expenditure of money on account of
the Commonwealth in the State
in the same manner as if the Commonwealth or the Government or an officer
of the Commonwealth
were mentioned whenever the Colony or the Government or an officer
of the Colony is mentioned.
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98. The power of the Parliament to make laws with respect to trade
and commerce extends to
navigation and shipping and to railways the property of any State or
Territory.
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99. The Commonwealth shall not by any law or regulation of trade or
commerce or revenue give
preference to one State or any part of one State over another State
or any part of another State.
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100. The Commonwealth shall not by any law or regulation of trade or
commerce deprive
the right of a State or Territory or the residents of a State or Territory
to the reasonable use
of the waters of rivers or lakes for conservation or irrigation.
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(1). The Commonwealth or State or Territory shall not by any law or
regulation of home use or
trade or commerce charge the residents of a State or Territory for
the reasonable use of the waters of
rivers or lakes for conservation or irrigation. There shall be no allocation
charge or water markets.
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(2). The Commonwealth or State or Territory shall not by any law or
regulation of trade or
commerce or home use charge the residents of a State or Territory for
the reasonable use of
rain waters that fall from the Clouds on to their property and used
for conservation or irrigation.
This includes the capture of rain water in all tanks attached to one
house or factory warehouse or
in a natural dam or a maximum of two dams constructed on any one property.
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(3). All discussions on Water and Spring Water or rivers or lakes and
it's usage or storage shall be
with Farmers and People. Their decision shall be legislated and passed
in Federal Parliament shall be
uniform and binding in each State and Territory.
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101. There shall be an Inter-State Commission with such powers of adjudication
and administration
as the Federal Government deems necessary for the execution and maintenance
within the
Commonwealth of the provisions of this Constitution relating to trade
and commerce and of
all laws made under this Constitution.
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102. The Parliament may by any law with respect to trade or commerce
forbid as to railways any
preference or discrimination by any State or Territory or by any authority
constituted under a State or
Territory if such preference or discrimination is undue and unreasonable
or unjust to any State or
Territory; due regard being had to the financial responsibilities incurred
by any State or Territory in
connection with the construction and maintenance of its railways.
But no preference or discrimination shall within the meaning of this
section be taken to be undue and
unreasonable or unjust to any State or Territory unless so adjudged
by the Inter-State Commission.
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103. The members of the Inter-State Commission--
(i.) Shall be appointed by the Head of the Commonwealth in Council:
(ii.) Shall hold office for seven years but may be removed within that
time by the Head of the Commonwealth
in Council on an address from both Houses of the Parliament in the same
session praying for such
removal on the ground of proved misbehaviour or incapacity:
(iii.) Shall receive such remuneration as the Parliament may fix; but such
remuneration shall not be
diminished during their continuance in office.
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104. Nothing in this Constitution shall render lawful any rate for
the carriage of goods upon a railway
the property of a State or Territory and no rate shall apply to goods
within the State
or Territory and to goods passing into the State or Territory from
other State or Territory.
The State or Territory Parliament may apply to the Commonwealth Parliament
for a financial amount
that may be necessary for the development of any part or all of a State
or Territory.
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105. The Commonwealth Parliament may take over from the State or Territory
their public debts or
a proportion of their public debts and the States shall give the Commonwealth
security from legal
penalties or liabilities in respect of the debts taken over and after
that the interest payable in respect
of the debts shall be deducted and retained from the portions of the
surplus revenue of the
Commonwealth payable to the several States.
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105A.
(1) The Commonwealth may make agreements with the State or Territory
with respect to the
public debts of the State or Territory including
(a) the taking over of such debts by the Commonwealth;
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(b) the management of such debts;
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(c) the paying of interest and the provision and management
of sinking funds in respect of such debts;
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(d) the consolidation and renewal and conversion and
redemption of such debts;
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(e) the security from legal penalties or liabilities
of the Commonwealth by the States in respect of debts
taken over by the Commonwealth.
(2) The Parliament may make laws for validating any such agreement made
before the
commencement of this section.
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(3) The Parliament may make laws for the carrying out by the State
or Territory of any
such agreement.
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(4) The powers conferred by this section shall not be construed as
being limited in any way
by the provision of section one hundred and five of this Constitution.
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(5) The Federal and State and Territory Parliament
shall not in any type or form become a
corporate or user pays form of Government or
Parliament or Public Servant.
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105B. Is subject to the Quick and Garren Notes Page 1027 Note 461.
Commonwealth of Australia Constitution and Chapter Five. The States
and Section 115.
A State shall not coin money nor make anything but gold and silver
coin a legal tender
in payment of debts.
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Page 1027 and Note 461.
It must be noted however that gold and silver can only be impressed
with the quality of money by
Federal legislation. Gold and silver metal can not be made legal tender
until it converted into coin;
it can only be converted into coin by Federal Authority.
End of quote of Page 1027 and Note 461.
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(1). Parliament of Australia and Bills of Exchange and Notes and
Coinage:
The Parliament of the Commonwealth shall be the only issuer of the
nation's currency and coinage and
legal tender and the issue of paper money.
Money shall be created by The Parliament of the Commonwealth only by
the issue of the
Bills of Exchange and spent into the economy and the Community.
Shall not be lent into the economy or the Community.
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The Reserve Bank and the Royal Australian Mint and Bills of Exchange
and Currency notes and Coins
shall be transferred to the Commonwealth. That no part of the Executive
Government or the Parliament
or any Member of the Senate or any member of the House of Representatives
shall claim to be the
owners. Shall be illegal to pressure the Parliament; not to be the
sole issuer of the nation's currency.
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Australia Post;
Reserve Bank of Australia shall use Australia
Post as the official Public Banking facility in
any
State or Territory of and in Australia. Where all Living Souls and
Farmers and any Company may
deposit or withdraw funds and no fees or other charges.
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That no part of the Executive Government or the Parliament or any Member
of the Senate or
any member of the House of Representatives shall issue any form of
Treasury bonds or notes or
other form of such debt and;
Currency notes and coins and Bills of Exchange shall not be
a Commodity nor shall they
be corporatized or for profit but shall be a public service under public
control.
Currency notes and coins and legal tender and Bills of Exchange shall
be owned by
the Commonwealth of Australia under public control for the public good.
The Central Bank shall retain the name of The Reserve Bank.
There shall be one Bank only that will perform the duties of the Central
Bank.
Central Bank shall print Currency notes for circulation and issue to
the Australian public.
Royal Australian Mint shall mint all Coins for circulation and issue
to the
Australian public.
The face of all Currency notes and Coin will have the map of Australia
on them.
The Reserve Bank and Bills of Exchange and Currency notes and Coins
shall not be sold
under any circumstances.
The Currency notes and Coins shall be a token of value for the purchase
and sale of all
goods and services in Australia.
Australia Post Office shall continue all mail deliveries and also as
National Banker to the Public.
Seigniorage shall be a percentage to the Treasury on all mined resources
except water.
Government Banking by The
Reserve Bank of Australia (RBA)
(2). The Reserve Bank of Australia shall act
as banker for the Commonwealth of Australia
under the authority of the Executive Government
of Australia. Shall also become the People's Bank.
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Registry Services;
Money shall be created by the Commonwealth Parliament only and spent
into the
State or Territory economy rather than being lent into the State or
Territory economy.
The Senators of each State and Territory shall organize the distribution
of all finance
to each State and Territory.
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The Reserve Bank of Australia shall provide
registry services for the
Commonwealth Government to accept the Bill of
Exchange.
Shall cover the issue of and registration
of the Bills of Exchange and
the maintenance of distribution records.
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Shall be in Australian dollars and be Legal Tender and the National
Currency.
Shall not be a debt to the Government or the Parliament.
The Bills of Exchange shall instruct the Reserve Bank to print the
Notes and Mint the Coins;
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(a). Treasury issues Bill of Exchange to the
Reserve Bank.
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(b). Reserve Bank registers the Bill of Exchange
then accepts the Written Order by Treasury to the
Reserve Bank to
print the Notes and Mint the Coins.
To pay sum on
given date to the Official Public Account (OPA).
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Exchange Settlement and Real Time Gross Settlement;
Reserve Bank Information and Transfer System (RITS) is used by Commonwealth
Government and
other approved institutions to settle interbank payments mostly on
a
Real Time Gross Settlement (RTGS) basis. RITS also provides a facility
for electronic tendering for
the Australian Payments Clearing Association (APCA) cheque clearance
procedures.
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Final settlement of payments system obligations occurs through transactions
on accounts at the
Reserve Bank of Australia.
These accounts are called Exchange Settlement accounts (ES accounts).
Exchange Settlement accounts must be maintained in credit at all times
and the
Reserve Bank of Australia pays interest
on overnight balances in these accounts.
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Commonwealth Treasury will be granted an Exchange Settlement (ES) Account.
Will be the approval under the access arrangements announced by the
Payments System Board.
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Under the new arrangements non-bank institutions which provide third
party payment
services are eligible for ES Accounts.
Exchange Settlement (ES) Accounts at the Reserve Bank are the means
by which providers
of payments services settle obligations which they have accrued in
the clearing process.
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The Bills of Exchange will provide the banking system with the deposits
for more liquidity.
The Reserve Bank manages the amount of Exchange Settlement funds available
that are used
by banks to settle obligations among themselves and with the Reserve
Bank and the balance
of the funds not required shall be returned to the Official Public
Account (OPA) so the
Reserve Bank shall continue Parliaments payments to the community.
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(3). The Parliament shall provide payment for all Parliament backed
projects;
The banking services provided to the Commonwealth Government by the
Reserve Bank of Australia comprise two
components. A core banking facility is provided to the
Department of Finance and Administration (DoFA) which is non-contestable
in terms of the
Commonwealth Governments competition policy. This facility is made
up of a group of
bank accounts including the Official Public Account (OPA) a term deposit
facility for the investment
of temporarily surplus Commonwealth funds.
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Under the core banking arrangements the payments are made from the
Official Public Account (OPA)
to agencies and end of day agency balances held with transactional
bankers are recycled back to the
Official Public Account (OPA) overnight.
These balances are returned to transactional bankers at the start of
the next business day.
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After which the balance of the funds not required
shall be recycled to the
Official Public Account (OPA) short term investment
facility to pay for costs related to
National Consolidated Revenue Fund and normal
government expenses.
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Shall include Payments to all States and Territories;
For all rail and road construction and maintenance
and the building and maintenance of all
Hospitals, Schools, Universities.
Shall be no road or rail tolls, council rates,
sewerage and water costs to the Public.
New residential development and all public works
in Australia.
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Shall include; Education, defence, Infrastructure,
Transport, Health, Community Services,
Industry and workforce, General Government Services,
Social Security and Welfare.
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Shall include; National Grant for Farm
Conservation and all Company Emission control project.
Making use of sewerage water by treatment to
be chemically pure for use for
Residential, public and Company toilets, Gardens,
Parks, Reserves.
All Rivers, Dams, Salinity and water management.
And other environmental issues including recycling
of all used materials.
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(4). Banking services to government departments;
The other component of the RBA’s banking business is the provision
of contestable transactional
banking services to government Departments. Since 1991, the RBA has
distributed
government payments direct to accounts at financial institutions through
its
Government Direct Entry System (GDES).
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Government Direct Entry System (GDES) to provide
payments;
Centrelink, Department of Veterans Affairs, FMA agencies via Bureau,
Department of Defence.
Through it's Government Direct Entry System (GDES) Basic Wage payments
in the form of a
basic wage to every adult person.
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Employers may apply for and increase of Income and Employees may apply
for and increase of the
Basic Wage from the Government Direct Entry System (GDES) only.
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The intention is to avoid any increase of Prices
of all goods and services to the Community.
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Shall include;
Aboriginal, all Farmers, rural business, Industry, all Producers, Manufacturers,
Small Business, Home Buyers, Child Care Centers, Nursing Homes,
all Charities, To provide finance help to Inventors, Subject to Sub-Section
18 of Section 51 of this
Constitution, Patents of Inventions. All Licenses and Licences for
Car, all vehicle registrations.
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To assist Living Soul with a legal court action and or their rights
in the High Court
protecting this Constitution.
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Employers may apply to their bank to issue Bank cheque or electronic
settlement
from their bank account to pay the Employee.
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All may profit from the use of the Currency Notes and Coins that is
Legal Tender and shall be a
value only that shall be entered into the individual bank accounts
as Deposits or Savings.
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(5). It shall be illegal for anyone else to create new money
denominated in the official currency.
Commercial banks will then be excluded from all borrowings and loan
and mortgages and the
repayments and interest payments required on them within the Commonwealth
of Australia.
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They will be limited to the use of Bills of Exchange or Promissory
Notes and fees and deposits and
withdrawals as other financial intermediaries including foreign exchange
dealings and foreign gold loans.
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All borrowing of money by the States or Territories or by the Commonwealth
or by the
Commonwealth for the States or Territories shall be abolished.
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(6). Local industry and small business and
farming and tourism.
To set up an agreement between parliament and
unions to maintain wage stability
jobs growth and a generous basic wage to every
adult person.
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A economy which integrates the global and the
local. The economy to allow a level of globalization in
those areas that need to be open to competition
as well as a level of parliament support for industry
small business tourism and farming.
To concentrate on a manufacturing base in Australia.
Shall allow home grown small and
medium businesses to thrive.
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The benefits of this arrangement is to allow
greater social cohesion and strong local communities as
well as a dynamic globally orientated economy.
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(7). Shall abolish the debt based economy
where;
Levels of borrowing and money creation by the
banks have to keep on rising and adding to the
overall burden of interest payments and loss
of property if person defaults loan repayments
including taxation and legislative and regulation
costs on all business guarantees that inflation will be
present as long as we have an economy based on
an increasing burden of debt causing the price of
all goods and services and incomes to keep rising.
Debt Free System is a win, win system for
all.
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(8). That all Crown Land and Buildings
shall be Constitutional Assets that no agreements shall be
signed or any Assets sold without the consent
of the Living Souls of Australia subject to the
draft proposal of the Constitution Alteration
of the
Commonwealth of Australia Constitution Act Chapter
8.
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