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130702-Mr G. H. Schorel-Hlavka O.W.B. to Q a Bryce G-G Re Appointment Inter-State Commissioner

130702-Mr G. H. Schorel-Hlavka O.W.B. to Q a Bryce G-G Re Appointment Inter-State Commissioner

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Now that Mr Tony Abbott may have reconsidered his stance on the proposed referendum it might be worth while to read what may have caused this. As this letter was forwarded to him earlier in the day, beisdes others previously about the same.
Now that Mr Tony Abbott may have reconsidered his stance on the proposed referendum it might be worth while to read what may have caused this. As this letter was forwarded to him earlier in the day, beisdes others previously about the same.

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Categories:Types, Business/Law
Published by: Gerrit Hendrik Schorel-Hlavka on Jul 02, 2013
Copyright:Attribution Non-commercial

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09/04/2013

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Page
1 
WITHOUT PREJUDICE 
Quentin Alice Bryce Governor-General
2-7-2013Email; governor-general@gg.gov.au
Ref: 130702-Mr G. H. Schorel-Hlavka O.W.B. to Q A Bryce G- Re appointment Inter-State Commissioner
Madam,as per requirements of Section 101 (Inter-State Commission) of the
Commonwealth of  Australia Constitution Act 1900
(UK), our governing constitution, that there always "shall be"an Inter-State Commission, hereby I request you to appoint me as the Inter-State Commissioner.
QUOTE
Commonwealth of Australia Constitution Act 1900
(UK)101 Inter-State Commission
There
shall be
an Inter-State Commission, with such powers of adjudication and administration as theParliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisionsof this Constitution relating to trade and commerce, and of all laws made thereunder.
END QUOTE
(Bold and red colour added by writer)
While often there are statements as to the 3 branches of Government, in my view one ought tospeak of the 4 branched of nationhood.1. The Parliament2. The Federal Executives3. Judiciary4. Inter-State Commission.As a
CONSTITUTIONALIST
(retired Professional Advocate) Attorney, Executor, Paralegal,Author and Publisher I submit that I have the understanding what is required from the Inter-StateCommission within the framework of the provisions of the
Commonwealth of AustraliaConstitution Act 1900
(UK).
The Inter-State Commission:
The Framers of the Constitution held that the Commonwealth of Australia should apply taxes,duties, funding in a "
UNIFORM
" manner for the whole of the Commonwealth of Australia.However, they also recognised that "
uniformity
" of application of federal laws may not incertain instances be appropriate, considering the diversity of conditions from State to State, andhence held that the s101 Inter-State Commission should exist as a permanent body within theCommonwealth of Australia. The Inter-State Commission is not a executive body, nor alegislator and neither a judicial body but a body to ensure that laws that were enacted without political interferences would be applied to what a body of experts held was in the best interest of each state concerned and so also the Commonwealth of Australia. its decisions could be appealedon "error of law" to the High Court of Australia. I understand that since 1987 no Inter-StateCommission existed, and prior that only for a few years since about 1917. This is a seriousneglect of constitutional requirements and must not be permitted to continue.
Re: 130702 Re appointment as Inter-State Commissioner Page
1
 INSPECTOR-RIKATI
®
about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, by fax0011-61-3-94577209 or E-mailINSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
510
15
2025303540
45
5
 
Page
2I trust that as Governor-General you will without undue delay ensure I am appointed, in view of various former (as well as the current) governments having omitted to have an Inter-StateCommissioner appointed. The Australian electors are facing another election but with it a proposed amendment to s96 of the constitution regarding funding. This is of great concern to me, because the proposed referendum is based upon misconceptions.Albeit the Inter-State Commission is to deal with Trade and Commerce issues, the Framers of theConstitution made clear, that Parliament merely could legislative to provide it with further additional powers and the Inter-State Commission then could attend to these matters also.Therefore, if the Parliament desired a non political solution to health, education and other funding then it merely has to enact legislation for each subject matter the Commonwealth haslegislative powers for as to be handed to the Inter-State Commission.
.
ALGA
(Australian Local Government Association) has seemingly made a issue that a Yes voteis required to ensure municipal/shire councils can obtain federal funding, as otherwise ratepayerswill have to pay more. It is regrettable that this kind of miss information is promoted because inthe end the ratepayer as a taxpayer still pays for it. As such there can be no issue that theratepayer is paying more in the overall. Much is hyped about the "
Road for Recovery
" programand its funding depending on a Yes vote for the proposed referendum, where I view this fallsunder Trade and Commerce and as such within the powers of the Inter-State Commission. Assuch there is absolutely no need to have a referendum for this where already the Inter-StateCommission is constitutionally empowered to deal with such matter.There is also a Commonwealth Grand Commission, which in my view should be under the Inter-State Commission, this as to avoid political interferences and while the Commonwealth GrandCommission may recommend certain funding, only the Inter-State Commission could allow non-uniform funding, and again subject to an appeal to the High Court of Australia on "error of law".This is so that any party aggrieved as to the funding allocation can appeal to the High Court of Australia if there is deemed to be an "
error in law
".In recent years there was this alleged political deal to fund Hobart Hospital $100 million dollars.In my view this was unconstitutional and deprived other hospitals of their needed funding.Again, the Parliament can provide legislation to provide the Inter-State Commission with the powers to deal with hospital funding and again we take the politics out of this kind of funding,and so also what is commonly known as "
pork barrelling
".
Hansard
8-3-1898
Constitution Convention Debates
(Official Record of the Debates of the National AustralasianConvention)QUOTE
Mr. ISAACS.-We want a people's Constitution,not a lawyers' Constitution
.END QUOTE
HANSARD
18-2-1898
Constitution Convention Debates
(Official Record of the Debates of the NationalAustralasian Convention)QUOTE 
Mr. ISAACS
.-
The right of a citizen of this great country, protected by the implied guarantees of its Constitution
 
,END QUOTE
HANSARD
17-3-1898
Constitution Convention Debates
QUOTE Mr. BARTON.- Of course it will be argued thatthis Constitutionwill have been made by the
Parliament of the United Kingdom.
That will be true in one sense, but not true in effect,
because the provisions of thisConstitution,the
 
principleswhich it embodies , and the details of enactment by which those
 
principles are enforced, will all have been the work of Australians.
END QUOTE
Re: 130702 Re appointment as Inter-State Commissioner Page
2
 INSPECTOR-RIKATI
®
about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, by fax0011-61-3-94577209 or E-mailINSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
51015202530
35
40
4550
55
5
 
Page
3
HANSARD
17-3-1898
Constitution Convention Debates
QUOTE
Mr. BARTON
.-
Having provided in that way for a free Constitution, we have provided for anExecutive which is charged with the duty of maintaining the provisions of that Constitution; and,therefore,it can only act as the agents of the people.
END QUOTE
The following will also make clear that the Framers of the Constitution intended to have
CIVILRIGHTS
and
LIBERTIES
principles embedded in the Constitution;
HANSARD
17-3-1898
Constitution Convention Debates
(
Official Record of the Debates of the NationalAustralasian Convention
)QUOTE 
Mr. CLARK 
.-
for the protection of certain fundamental rights and liberties
which every individual
citizen
is entitled toclaim that the federal government shall take under its protection and secure to him.END QUOTE
Hansard
1-3-1898
Constitution Convention Debates
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?Mr. GORDON.-There will be more than one sentry.In the case of a federal law, every member of astate Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the wholeconstituency behind the Federal Parliament will be a sentry.
END QUOTE
I will refrain from quoting numerous other statements of the Framers of the Constitution of embedded principles (Which I have widely published them in the
INSPECTOR-RIKATI
®series of books on certain constitutional and other legal issues), sufficient to state that regrettablywe have too much political interferences that cause dissent amongst Australians and, I view, youas Governor-General being the Chief Executive Officer (as the Framers of the Constitutionreferred to) must take appropriate action to ensure that the constitutional requirements of anInter-State Commission to exist is adhered to, as a matter of extreme urgency. It may flow fromthis that the proposed amendment of s96 of the constitution may be found ill conceived and mayhave to be reconsidered, where a large extend of the powers ought to be created actually alreadyexist within the powers of the Inter-State Commission. Indeed, it may save $50 million, or more,on a ill conceived referendum, which monies can be to better use in various more needed andappropriate area's.Some years ago, a previous government had problems with export where ships were awaitingloading outside Brisbane. Yet, the Commonwealth of Australia actually, within s100 of theconstitution, has the legislative power to manage ports of the navigational river systems. all thatwas required was for the Parliament to have enacted for the Inter-State Commission to deal withthese matters of navigation and the Inter-State Commission then could have directed appropriatefunding for the development and management of any ports that required such funding. This asthe Framers of the constitution in fact debated that ports fell within navigation of rivers and sowas within the ambit of the Commonwealth of Australia to manage. Likewise, the use of thewater of the river system, the Framers of the Constitution held that this fell within s100 but thatany dispute was to be dealt with by the High Court of Australia. As they stated theCommonwealth of Australia decides. As such, where the Federal Government (executives) canonly provide for "
uniform
" application of laws then by the Parliament placing this power withthe Inter-State Commission, then the Inter-State Commission could deal with it as to the interestof each involved State as well as to the interest of the Commonwealth of Australia as a whole.In recent times we have the
NDIS
(National Disability Insurance Scheme) as to fund disabled persons and again only the Inter-State Commission (if the parliament had provided it with this
Re: 130702 Re appointment as Inter-State Commissioner Page
3
 INSPECTOR-RIKATI
®
about the BLACK HOLE in the CONSTITUTION-DVDA 1
st
edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, by fax0011-61-3-94577209 or E-mailINSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com
51015
20
25
303540455055
5

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