alteration of this Constitution chapter-7

Constitution Alteration (President of the Commonwealth of Australia) 1996 . CHAPTER SEVEN; MISCELLANEOUS
**** 152. The seat of Government of the Commonwealth shall be determined by the Parliament,
and shall be within territory which shall have been granted to or acquired by the
Commonwealth, and shall be the absolute power and authority in and belong to the Commonwealth, and shall be in the State of New South Wales, and be distant not less than
one hundred miles from Sydney.
Such territory shall contain an area of not less than one hundred square miles, and such
portion of such territory as shall consist of State lands shall be granted to the Commonwealth without any payment for such territory.
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Section 153. ************************ . PROPERTY RIGHTS AND FEE SIMPLE. .
By permission from Ray Platt editor of the Strategy.
An interview with Senator Len Harris, Senator for Queensland One Nation Party.
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The process that I've embarked on almost two years ago came as the result of various people
contacting me and saying Senator Harris we've complied with what we thought were the laws been
given permits, licenses or what ever we needed to carry out the management of our properties and
then three or four years later find ourselves in court being charged with various things, breaching the
vegetation act, or the water act, or the integrated planning act.
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Now I began to make some investigations and over a period of two years, after having some wonderful
help by a lot of very, very knowledgeable people, not only Queensland people, but people all around
Australia became very aware that ever so gradually our property rights have been diminished a little bit
by a little bit so it voiced the statement that was made, the inevitability of gradualism.
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And to explain that in plain Aussie it means that when things are changed so very, very slowly and in
only very small increments people are not even aware that things are being changed.
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When I started to have a real good look at where our original property rights came from I was trying to
explain what I thought was the origin to a group of legal people and they could not grasp the concept
of what I was saying.
So, in sheer frustration I sat down after talking to them for a couple of hours and drew a very
simple diagram so this diagram sets out the actual history of where our land title originates from.
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1	The Great Seal of the Commonwealth of Australia	This goes to the Head of the Commonwealth.
2	This goes to the Head of the Commonwealth;	The power to dispose of Crown Land is a Commonwealth prerogative; This goes direct to Title of land.
3	Head of the Commonwealth; This goes to the Head of the State of Queensland	Appoints the State Governor; Deputy Governor General.
4	Head of the State of Queensland; The Head of the State of Queensland prorogues Parliament, issues the Writ and swears in the new Parliament. This goes to Queensland Parliament.	Letters Patent instructs the Head of the State of Queensland to stamp all official documents with the Seal of Queensland; This goes to Seal of Queensland.
5	Queensland Parliament; This goes to Legislation.	Seal of Queensland; This goes to Title of land.
6	Legislation; This goes to Commonwealth Constitution -- Sect 51 and Sect 76.	Title of land; This goes to Definition of "prerogative"

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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 the 39 Subsection of Section 51.

76. The Parliament may make laws conferring original jurisdiction on the High Court in any matter--

          (i.) Arising under this Constitution, or involving its interpretation:
          (ii.) Arising under any laws made by the Parliament: Part Five of Section 51.
          (iii.) Of Admiralty and maritime jurisdiction:
          (iv.) Relating to the same subject-matter claimed under the laws of different States.
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The Commonwealth Constitution -- Sect 76.
Quick and Garran page 788-9
"The Judicature" and "Interpreters of the Constitution"
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The Constitution, like every other law, is directly
binding on every individual and every government
agency within the Commonwealth.
In the exercise of the duty of interpretation and
adjudication not only the High Court, but every
court of competent jurisdiction, has the right to
declare that a law of the Commonwealth or of a
State is void by reason of transgressing the
Constitution. This a duty cast upon the Courts by
the very nature of the judicial function. The
Federal Parliament and the State Parliaments are
not sovereign bodies; they are legislatures with
limited powers, any law which they attempt to
pass in excess of those powers is no law at all, it is
simply a nullity, entitled to no obedience.

Definition of "prerogative"
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The Webster's Universal Dictionary
definition of "prerogative"

The theoretical unlimited
discretionary right of the Sovereign
to act without accountability
to the Parliament.

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The Concise Oxford Dictionary definition
of "prerogative"

The right of the Sovereign,
theoretically subject to no restriction.

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We generally have thought that the actual power to grant land title actually comes from whoever is the
Queen or King of England at the time.
But, there is another step even above that and that is the power of the Sovereign.
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The power that the sovereign exercises doesn't originate with the sovereign, either him or herself.
It actually comes from the Great Seal of England, Wales, Scotland and Northern Ireland.
So that the sovereign is actually exercising the power of that Great Seal.
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When a land title is created by what we determine a Royal Prerogative, so that means that the
sovereign in his or her own right granting to each one of us here in Australia a title to a parcel of land,
and I'm using the terminology parcel deliberately, that word relates back to the Letters Patent that the
sovereign actually gives to the Governor.
The Letters Patent contain the instructions for either the Governor General of Australia or in this case
the Governor of Queensland to carry out the duty of representing Her Majesty, Queen Elizabeth.
We need to go back to the original Letters Patent that were granted to Governor Philip when the
colony was set up at Botany Bay, because in those Letters Patent it sets out that Governor Philip
could only transfer the ownership from the Crown to one of those original settlers after nominating a
parcel of land and it had to be surveyed, and then on top of that Governor Philip had to give it a
Lot number, so the parcel of land was identified by a Lot.
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And if you look at any of our deeds today you will still find that all of the reference to our title contains
a reference to a Lot number.
When we move forward in time to when Queensland was separated from New South Wales the first
governor of Queensland in 1859 was Sir George Ferguson Bowen.
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When we look at Sir George Ferguson Bowen's Letters Patent we find very, very clear instructions as
to how he was to allocate unallocated or wasteland that is owned by the Crown in the colony at that
point of time in Queensland.
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The instructions are very, very clear telling Sir George Ferguson Bowen that he must create a register
and having established the register he's instructed to appoint an officer or officers to make entries
in the register. And the Letters Patent then carried these very profound words and this can only be
used fore and against us.
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So we have the sovereign prompting Sir George Ferguson Bowen that when he has established the
register and the officers make the entries in that register of the Lots and that also carried a
Volume and Folio number, that title deed is a document that we can actually
use in court as our defence in any matter.
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What we've gradually seen, particularly in Queensland and also I believe in New South Wales and
other states is a gradual erosion of those original rights that are directly granted from the sovereign.
So if you look at the documented diagram on the right hand side we have the sovereign exercising the
Royal Prerogative to grant the actual title itself.

The Letters Patent also carried the instructions that the Governor is to also seal each and every title
that is granted with the seal of Queensland.
Now again, the seal of Queensland derives it's head of power from the
Great Seal of the United Kingdom.
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When I drew up the diagram it became very, very clear that the granting of the land title was totally
separate from the function of the state.
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Yes the state has the power to create legislation in relation to land and what property rights you have
in relation to the land, but it cannot override any of the rights that the sovereign has
granted us in relation to our title.
If we look at the left hand side of the diagram (above) we see that the sovereign exercising the
Great Seal of the United Kingdom appoints the Governor General of A u s t r a l i a.
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The Governor General, when the states nominate the person installs the Governor of the state.
There are several functions that the governor must carry out, the two main ones are sealing the deed
with the seal of Queensland.
But also the governor, what we refer to as prorogue, or in plain english, dismisses the parliament,
then swears in the new parliament and the parliament then creates the legislation.
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When looking down the numbered steps we see that the legislation that's created comes in at level 6
on what we call the head of power.
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Very, very eminent people in the past have spoken about the heads of power and the simplest way to
explain it is to use the example of the river in the majority of cases the river will have its headwaters in
a hill or a mountain and will start out as a small spring, as it flows down through the countryside we
have subsequent streams joining in, sometimes rivers joining with rivers, but one thing is very, very
clear that no matter where that river is it can never ever rise higher than the little spring where it had its
original source, and the power to make legislation
is similar.
And because the legislation sits at level six it cannot override a Royal Prerogative that actually sits
at a head of power six.
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In Queensland we have the Land Act and in New South Wales, Victoria and South Australia there is
similar legislation and in that legislation it has a definition of land, and when it refers to the land it
includes the surface of the land, the area above the surface, that's referring to the air,
and it also refers to the area below the surface, that's talking about the volume of the soil.
So when we receive a title to a parcel of land we're also receiving the actual ownership of the air
above it, everything that's attached to it or growing on the surface and everything contained within the
volume of that soil with the exception of the minerals, coal and petroleum that the
Crown reserves back to itself.
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The Property Law Act, and I'll use the Queensland Act of 1974 then sets out how our freehold land is
created and in section 19 it sets out that a freehold estate can be created in the following manner:
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a. it says fee simple;
b. which is not used today, talks about life or live.
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What it clearly sets out is that the legal terminology for the title that we receive today is not actually the
word freehold, the legal technical definition is fee simple.
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It then goes on to set out very clearly in section 20 that a person who owns a parcel of land that has
fee simple is assured that they hold that land without benefit for the Crown... it's clearly saying that
once the Crown agrees to create the title then that title is registered, written into the register,
from that point there is no benefit for the Crown other than the reservation of
minerals etc. below the ground.
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Section 21 then sets out very, very clearly that a person who holds a title of fee simple is assured that
they hold that title without license or fine.

So a lot of the legislation that our state governments create conflicts with our rights under the
Property Law Act.
They go on to say in section 29 of the Queensland Property Law Act 1974 that a person holding a
parcel of land in fee simple is assured that all of the rights of the 'disponor' and that terminology the
disponor is referring to the Crown, so all the rights of the disponor are transferred to the disponee
which is the purchaser. That is binding on the sovereign, heirs and successors.

So when we look at that in total the Property Law Act tells us that our freehold land is created as
fee simple, it's created without benefit to the Crown, other than the fore mentioned reservations, that
as the owners of that property we hold that property without license or fine and we're also assured of
the rights of the previous owner are transferred to the new owner.

I know at times we've all complained about paying stamp duty, but in actuality there is another
function that as well as paying a fee for the state to transfer that title, when we look at it in the sense of
a commercial transaction the state is actually accepting a fee to guarantee transferring all of the rights
of the previous owner to the new owner.

So that's the legal argument, that as a benefit of Queensland that I'm going to take into the High Court
over the next couple of weeks, is that we have a right that is granted to us directly by the sovereign
that we hold that land without benefit for the Crown and without license or fine.

The High Court has in the past always ruled that the rights of the property owner prevail.

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One Vote One Value, Electoral boundaries and Booths.
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(a). Electoral boundaries of the Commonwealth Electoral Divisions will be as determined
by both Houses of Parliament but that each Division will contain an equal number of electors
for the election of the House of Representatives.
Preferential voting and political parties shall be abolished.
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Electors who, because they can not vote at the Booth, must personally apply to the Australian Electoral Commission to use the postal vote.
All postal vote forms shall only be directly acquired from the Australian Electoral
Commission. Shall not be acquired from any other Agency or Group.
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(b). When an Elector attends the Booth to register the Electors attendance, a line is drawn
over the number and the Electors address.
This can then be checked with all of the other Booths in the Electoral Division to establish if
the Elector has voted once only in that Electoral Division. The same process shall be used in each Electoral Division.
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Each Booth shall have an identification number, shall record the number of Electors who attended and registered, this can then be checked against the total votes counted at each Booth.
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If not all votes were counted at a Booth or Booths in any one or more Electoral Divisions and
all Electoral Seats have been allocated; then another count shall be ordered in that or those Electoral Divisions.
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(c). That the principle of representative democracy in all Elections, must be contained in this
Constitution, representative democracy shall include a requirement for equal numbers of
electors in each Federal, State, Territory and Local Government electoral boundaries.
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(d). This Constitution to provide for all electoral Federal, State, Territory and Electors Parliament elections that result in 'one vote, one value' so, in the choosing of members each elector shall vote only once and each electors vote shall be counted only once.
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(e). Political parties and the media coverage of those Political parties limits the balance of
metropolitan areas.
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(f). All Senate and House of Representatives candidates shall not form a group and shall act
in accordance with this Constitution.

Section 154. Ticket Vote.
A Ticket Vote, also called Above The Line voting; will be abolished.
Independents are discriminated against in s211A of the Commonwealth Electoral Act by not being permitted a Ticket Vote (A Ticket Vote, also called Above The Line voting, enables
you to mark one square on the Senate ballot paper instead of filling out every square/preferences).
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This un-democratic legislation was enacted by Parliament and does disadvantage
independents and protects the two party system. This is not Constitutional.
In the 1998 Federal Election the media bodies blatantly boycotted certain independent candidates from any media coverage.
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Section 155. All Candidates.
(1) To be fair to new and elected candidates an electoral allowance will be paid to all candidates during the election period but no other allowance will be paid after 24.00 hours
of the election date, which is normally a Sunday, till the next election.
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(2) Candidate nominating for election to the Senate or the House of Representatives to
nominate as an independent must be nominated by fifty electors.
All fifty electors who nominate a Senate or the House of Representatives independent
candidate must be enrolled for the State or Territory for which the candidate is standing.
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(3) Media comments, polls and interviews, where all concentrate on the 2 party system;
shall be abolished as from the serving of the writ till the day after the election date.
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Section 156. Free election booklet
There is no official, objective and standardized information medium freely available to all voters where they can, at their leisure, browse through the platforms of candidates who are standing for election. Similarly there is no such information medium available to candidates where they can inform the Electorate about what they stand for. Voters do not have easy and ready access to information about the platforms of all candidates contesting an election and
can be forced to make a decision to vote on candidates whom they know nothing about.
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The free election booklet on how to vote, that is shall be delivered to your home during each election, should contain provision for one page from each name and independent candidate.
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This page shall be written by the candidate and will inform you about their platform.
Hence voters will have access to a free information medium that is objective and which
equally covers all candidates, rich and poor. The election booklet will be a medium without reporter bias and or interpretation.
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Section 157. Australian Bill of Rights.
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To view this file click on link below;
Australian Bill of Rights Bill 2001
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AFFIRMATION. Affirmation subject to Schedule 2
I, [name], make this Affirmation that I will declare true allegiance to the People and to this
Country of Australia, this Commonwealth of Australia Constitution Act,
a manufacturing base in Australia and; Romans 13: 1, Let every soul be subject unto the higher power.
For there is no power but of God: the powers that be are ordained of God.
2, Who so ever therefore resisteth the power, resisteth the ordinance of God:
and they that resist shall receive to themselves damnation.