Constitution Alteration
(President of the Commonwealth of Australia) 1996
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CHAPTER FIVE; THE
STATES
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106. The Constitution of
each State of the Commonwealth shall subject to this Constitution continue
as at
the establishment of the
Commonwealth or as at the admission of establishment of the State as the
case may be until altered
in accordance with the Constitution of the State and that;
All State and New State and
Territory Constitutions shall not be altered except in the following manner:
The Proposed Legislation
for the alteration of all State and New State and Territory Constitutions
must be
passed by an absolute majority
of each House of the Parliament and not less than two nor more than
six months after its passage
through both Houses the proposed law shall be submitted to the electors
qualified to vote for the
election of members of the House of Representatives.
The Head of the State of
any State or New State or Territory shall issue the writ to initiate a
double majority Referendum
and;
(a). If in a majority
of the Provinces or Districts a majority of the electors voting approve
the
proposed law and if a majority
of all the electors voting also approve the proposed law it shall be
presented to the Governor
for the assent of the Living Souls.
107. Every power of the Parliament
of a Colony which has become or becomes a State shall unless it is
by this Constitution exclusively
the absolute authority in the Parliament of the Commonwealth or withdrawn
from the Parliament of the
State continue as at the establishment of the Commonwealth or as at the
admission or establishment
of the State as the case may be.
(a). Local Government;
Each State and New 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 New State
and Territory and empowered to administer and to make by-laws for their
respective areas in accordance
with the laws of the State and New State and Territory.
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.
108a. All State
and Territory Parliaments must hold a Referendum to alter their Constitutions
to
delete a Section or add
a new Section and the decision of the People shall be the absolute authority
over the Federal and State
and Territory Parliaments.
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.
109a. The Magistrate
of the Supreme Court and Judges of the other courts created by any
State or Territory Parliament;
Shall be appointed by the Governor in Council.
110. The provisions of this
Constitution relating to the Governor of a State or New State or Territory
extend
and apply to the Governor
for the time being of the State or New State or Territory.
But position of Premier
shall not be created.
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111. The Parliament of a
State may surrender any part of the State to the Commonwealth and upon
such surrender and the acceptance
of such surrender by the Commonwealth such part of the State
shall become subject to
the exclusive jurisdiction of the Commonwealth.
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112. After uniform duties
of customs have been imposed. A State may levy on imports or on goods passing
into or out of the State
such charges as may be necessary for executing the inspection laws of the
State;
but the net produce of all
charges so levied shall be for the use of the Commonwealth
and any such inspection
laws may be annulled by the Parliament of the Commonwealth.
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113. All fermented or distilled
or other intoxicating liquids passing into any State or remaining therein
for
use consumption or sale
or storage; shall be subject to the laws of the State as if such liquids
had been
produced in the State.
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114. A State shall not without
the consent of the Parliament of the Commonwealth raise or maintain any
naval or military force
or impose any tax on property of any kind belonging to the Commonwealth
nor
shall the Commonwealth impose
any tax on property of any kind belonging to a State.
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115. A State shall not coin
money nor make anything but gold and silver coin a legal tender in payment
of debts. 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 legislation.
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116. The Commonwealth and
all States and Territories of Australia shall not make any law for establishing
any religion or for imposing
any religious observance or for prohibiting the free exercise of any religion
and
no religious test shall
be required as a qualification for any office or public trust under the
Commonwealth.
.
But no religious group shall
incite hate or terrorist activity against any other religion or the
People of or in Australia.
116a. No such religion
or any religious group shall use such words;
Believers make war on the
infidels who dwell around you. Deal firmly with them. Know that God is
with the righteous.
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116b. No Vilification Act
shall stop a person from reading from the Bible or Islamic or Muslim
Quer'an that quotes the
beliefs and practices of that religion if the defendant is quoting a objective
fact from the Bible or Islamic
or Muslim Quer'an.
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116c. If any religious group
decides justification for a Jihad (war) forcing any other group to convert
to that religion, then the
Head of State of Australia shall authorize the Defense Forces (Military)
to
defend the People.
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116d. Head of State of Australia
shall authorise that all riots or Jihad (war) if any damage occurs
shall be willful damage
the full cost of that damage payable by that religious group and attack
on a
person or attacks on persons
resulting in injury as assault or if any death occurs as murder.
117. An Australian or Aboriginal
citizen, resident in any State or Territory shall not be subject in any
other State to any disability
or discrimination which would not be equally applicable to him or her if
he or she were an Australian
or Aboriginal citizen resident in such other State or Territory.
.
117a. All persons who are:
(i) born in Australia;
(ii) natural born or adopted
children of an Australian citizen;
(iii) naturalized as Australians
are citizens of Australia and
shall not be deprived of citizenship except in accordance with a
procedure prescribed by
law which complies with the principles of fairness and natural justice.
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145. Full faith and credit
shall be given throughout the Commonwealth to the laws the public Acts
and
records and the judicial
proceeding of every State.
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118. The Commonwealth Parliament
shall protect every State against invasion and on the application of
the Executive Government
of the State against domestic violence.
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119. Every State shall make
provisions for the detention in its prisons of persons accused or
convicted of offenses against
the laws of the Commonwealth and for the punishment of persons
convicted of such offenses
and the Parliament of the Commonwealth may make laws to give
effects to this provision.
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NOTE;
Planned entry by Referendum
into, Chapter 5, The States. Section 119a.
119a. Each State shall
provide for the establishment and continuance of a system of Local Government,
with
Local Government bodies
elected in accordance with the law of the State and empowered to administer
and to
make by-laws for,
their respective areas in accordance with the laws of the State.
.
Constitution Alteration,
3 September 1988.
Question; A proposed
law; To alter the Constitution to recognize Local Government.
Do you approve this
proposed alteration? Result of referendum was NO. For this reason;
These words should have been
entered;
No State or Territory shall
provide for the establishment and continuance of a system of Local Government
with
Local Government bodies
elected in accordance with the law of the State and empowered to administer
and to make by-laws for, their respective areas
in accordance with
the laws of the State.