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130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS

130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS

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Who really can we trust in fair and proper elections being conducted?
Read the 2-9-2013 correspondence about it!
Who really can we trust in fair and proper elections being conducted?
Read the 2-9-2013 correspondence about it!

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

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 p1 2-9-2013
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, See also
Blog at
WITHOUT PREJUDICE 
Australian Electoral Commission
5
?
Cc: Mr Michael King, Returning officer, JAGAJAGAPalmer United Party: candidates@palmerunited.com,Mr Tony Abbott:Tony.Abbott.MP@aph.gov.auMr Kevin Rudd:Kevin.Rudd.MP@aph.gov.au
10
Ref: 130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS
Sir,as you may recall from the 19 July 2006 County Court of Victoria decision to uphold both
15
appeals on
FAILING TO VOTE
, where I comprehensively defeated the Commonwealth, onthat as a
CONSTITUTIONALIST
I submitted that the Framers of the Constitution refused togive the Commonwealth legislative powers to compel any person to register or to vote inelections. As I submitted to the court, I am not against voting but against compulsory voting, andthe AEC didn
t oppose this and other submissions based upon constitutional grounds.
20
http://aec.gov.au/FAQs/Voting_Australia.htm#compulsory
QUOTEIs voting compulsory?
Yes, voting is compulsory for every Australian citizen aged 18 years or older. If you do not vote and do nothave a valid and sufficient reason for failing to vote, a penalty is imposed. For further information see25Compulsory Voting.
What happens if I do not vote?
Initially the Australian Electoral Commission will write to all apparent non-voters requesting that they either  provide a reason for their failure to vote or pay a $20 penalty.30 If, within 21 days, the apparent non-voter fails to reply, cannot provide a valid and sufficient reason or declines to pay the penalty, then prosecution proceedings may be instigated. If the matter is dealt with incourt and the person is found guilty, he or she may be fined up to $170 plus court costs.
END QUOTE
35
As I challenged the validity of the legislation as being
ULTRA VIRES
and the County Court of Victoria upheld this and the AEC didn
t oppose my submissions then I view the AEC is bound by the court decision. It had the opportunity to challenge the submissions I made and by failingto do so is bound by the decision of the court. Indeed, I view that the AEC must be independentand shown to be independent and must not tow a government line where it clearly was
40
comprehensively defeated by me on 19 July 2006!
Hansard
8-3-1898
Constitution Convention Debates
QUOTE
Mr. ISAACS
.-
No. If it is
ultra vires
of the Constitution it would, of course, be invalid.
 
 p2 2-9-2013
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, See also
Blog at
END QUOTE
The constitution is the primary source of any legislative power and any legislation in violation tothe constitution therefore is
ULTRA VIRES
,
Uniform Tax case, 1942
(65CLR 373 at 408) 23-7-19425
QUOTE
Common expressions such as: 'The Courts have declared a statute invalid'," says Chief Justice Latham,"sometimes lead to misunderstanding. A pretended law made in excess of power 
is not
and
never has been
alaw at all.
Anybody in the country is entitled to disregard it.
Naturally, he will feel safer if he has adecision of a court in his favor, but such a decision is not an element, which produces invalidity in any law.10 The law is not valid until a court pronounces against it - and thereafter invalid. If it is beyond power it isinvalid
ab initio
.
END QUOTE
For the AEC nevertheless to persist in deceiving electors/people and enforcing this by what Iconsider acts of terrorism, to fine people and litigate against them is making them also glorified
15
debt collects to aid the government in its debts rather then \to be and remain and be seen toremain impartial. And in particular, accepts the courts decision and its implications of 19 July2006!I have a further complaint against what I view is false/misleading election advertising by
Palmer
20
United Party
and obviously the question may be asked if the AEC approved this advertising,and if so, why?On Monday Afternoon on 2 September 2013 between about 4 and 6 pm I heard over the radio a political announcements by
Palmer United Party
, with various people, including a lawyer, tosay something like to vote for Clive Palmer as Prime Minister.
25
I must admit that also leaders of political parties tend to argue people are voting for who shall bethe next Prime Minister. I view the AEC has for too long failed to act against this kind of deceptive conduct, even so this already was occurring even when former Queensland Jo Belkje-Peterson was campaigning to become Prime Minister.Constitutionally no one can vote for anyone to be voted in as Prime Minister. While there is a
30
convention that generally the Governor-General appoints the leader of the political party whichcan have the support of most of the Members of the House of Representatives, this is nothing buta convention and cannot override what is constitutionally applicable.
QUOTE64 Ministers of State
35 The Governor-General may appoint officers to administer suchdepartments of State of the Commonwealth as theGovernor-General in Council may establish.Such officers shall hold office during the pleasure of theGovernor-General. They shall be members of the Federal40 Executive Council, and shall be the Queen
s Ministers of State for the Commonwealth.
 Ministers to sit in Parliament 
After the first general election no Minister of State shall hold officefor a longer period than three months unless he is or becomes a45 senator or a member of the House of Representatives.
END QUOTE
While the
Office of the Prime Minister and Cabinet
has been created, it doesn
t nor cancircumvent the fact that who shall or shall not be commissioned to become Prime Minister is adecision the Governor-General makes and not subject to voting by the Australian electors. It
50
ought to be understood that the 2010 debacle came about where members elect (to the House of Representatives) but had not been sworn in, were making deals to support Julia Gillard to remainPrime Minister. In my view they had no such constitutional position.
Mr Edmund Barton
, was commissioned on 26 December 1900, as to form a government for the1 January 1901 Commonwealth of Australia. He did not have any one in the House of 
55
Representatives, for the simple reason it didn
t exist. Constitutionally, within Sec 64 the
 
 p3 2-9-2013
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, See also
Blog at
Http://www.scrib.com/InspectorRikatiGovernor-General could commission me to form a government, regardless that I am not aMember of the House of Representatives nor even a candidate.
It should be clear
that political parties cannot amongst themselves overrule what is constitutionally applicable, only a s128 of the constitution successful referendum can result to an amendment of the constitution!
5
While it may be argued that the majority of Members of Parliament of one political party or acoalition generally has its leader to become Prime Minister, nevertheless, it is deceptive to claimthat somehow electors decide who shall become Prime Minister. In the end, it is the Governor-General who decides which person shall be commissioned to form a government.Fancy, for example that the leader of a political party, having attained the majority of seats in the
10
House of Representatives, then is declared bankrupt before being sworn in (again) as a Member of the House of Representatives. It would be idiotic to hold that somehow the Governor-Generalhad to ignore s44 of the Constitution to commission a person to form a government, merely because of some convention. Constitutionally, the Governor-General could still appoint this person for up to 3 months without becoming a Member of the House of Representatives, but
15
unlikely would a Governor-General desire to act contrary to the public interest.In my view the AEC should clamp down on false./misleading representation that the electorsvote who shall become the Prime Minister after the election, because as we saw in the 2010debacle it could have been even either party leaders or neither of them, that is if the Governor-
20
General had not so to say bowed to pressure.I am not standing as a candidate, and as such have in that regard no political interest in who shallor shall not be voted for. However, I view the gross deception upon Australian electors should bestopped. hence the AEC must take immediate action to stop any false/misleading claims as to
25
electors voting for a Prime Minister. Indeed, where the sitting Prime Minister is failing tosucceed in being re-elected, such as John Howard was in 2007, then clearly even if his party hadsucceeded in gaining most of the seats it would be ridiculous to argue that somehow allAustralians nevertheless voted for John Howard to be again the Prime Minister.It appears to me that the AEC for decades that is failed to ensure election(s) advertising and other 
30
election claims were appropriately supervised, and this elaborate swindle upon the Australianelectors was stopped.http://www.aec.gov.au/Parties_and_Representatives/Party_Registration/Registered_parties/pal-mer-united.htm
QUOTE
35
Palmer United PartyUpdated:
8 July 2013In accordance with Part XI of the
Commonwealth Electoral Act 1918
, the political party whose details appear belowwas registered on 05 July 2013. The current particulars of the party, as amended, are:-Extract from the
Register of Political Parties
for Palmer United Party
Name of Party: Palmer United PartyRegistered Abbreviation:Parliamentary Party: NoRegistered Officer of Party:Name: Peter BurkeAddress:
127 Monaco StBROADBEACH WATERS QLD 4218

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