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130905-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINT

130905-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINT

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Elections are they really valid and what about the candidates?
Elections are they really valid and what about the candidates?

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Published by: Gerrit Hendrik Schorel-Hlavka on Sep 05, 2013
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11/17/2013

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 p1 5-9-2013
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, JAGAJAGAMr Tony Abbott:Tony.Abbott.MP@aph.gov.auMr Kevin Rudd:Kevin.Rudd.MP@aph.gov.au
Ref: 130905-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS
10
Sir,as a
CONSTITUTIONALIST
I am well aware that the Framers of the Constitution held thateven any person ineligible at the time of election to take up a seat because of s44 can still standas a candidate. They used the example that a declared bankrupt could still stand as a candidate
15
and be validly elected provided that by the time he takes up the seat in the Parliament he nolonger is a declared bankrupt. Technically, as outlined below in the quotation of an email I sentout today, any person who had his/her seat declared vacant is no longer a Member of Parliament.Hence, cannot be an
incumbent
Member of Parliament, as the seats are vacated the moment theGovernor-General dissolved the House of Representatives and half of the Senate. Only after that
20
can writs be issued for 
vacant
seats
.While Mr Kevin Rudd as a Prime Minister is a Minister of the British Crown, he cannot getdirect payments from the Consolidated Revenue Funds because he is not and never wasemployed by the Commonwealth of Australia. Not unless and until if ever at all the constitutionis amended from the British Crown to some Australian Crown can a Minister be paid directly
25
from Consolidated Revenue Funds.
Hansard
2-3-1898
Constitution Convention Debates
QUOTE
Mr. SYMON
( South Australia ).-In the preamble honorable members will find that what we desire to do is to unite in one indissoluble Federal30 Commonwealth -that is the political Union-"
under the Crown of the United Kingdom of Great Britainand Ireland
, and under the Constitution hereby established." Honorable members will therefore see that theapplication of the word Commonwealth is to the political Union which is sought to be established. It is notintended there to have any relation whatever to the name of the country or nation which we are going tocreate under that Union . The second part of the preamble goes on to say that it is expedient to make provision35 for the admission of other colonies into the Commonwealth.
That is, for admission into this politicalUnion, which is not a republic, which is not to be called a dominion, kingdom, or empire, but is to be aUnion by the name of "Commonwealth," and I do not propose to interfere with that in the slightestdegree.
END QUOTE40 .
Hansard
1-3-1898
Constitution Convention Debates
QUOTE
Sir JOHN DOWNER 
.-
I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyondthe substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
45
that there shall be embedded in the Constitution the righteous principlethat the Ministers of theCrown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way asany private person would be.
 
 p2 5-9-2013
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
Hansard
17-3-1898
Constitution Convention Debates
QUOTE
Mr. BARTON
.-5
Providing, as this Constitution does, for a free people to elect a free Parliament-giving that peoplethrough their Parliament the power of the purse-laying at their mercy from day to day the existence of any Ministry which dares by corruption, or drifts through ignorance into, the commission of any actwhich is unfavorable to the people having this security, it must in its very essence be a freeConstitution. Whatever any one may say to the contrary that is secured in the very way in which the
10
freedom of the British Constitution is secured. It is secured by vesting in the people, through theirrepresentatives, the power of the purse, and I venture [start page 2477] to say there is no other way of securing absolute freedom to a people than that, unless you make a different kind of Executive thanthat which we contemplate, and then overload your Constitution with legislative provisions to protectthe citizen from interference.Under this Constitution he is saved from every kind of interference.
15
Under this Constitution he has his voice not only in the, daily government of the country, but in thedaily determination of the question of whom is the Government to consist. There is the guarantee of freedom in this Constitution. There is the guarantee which none of us have sought to remove, but everyone has sought to strengthen. How we or our work can be accused of not providing for the popularliberty is something which I hope the critics will now venture to explain, and I think I have made their
20
work difficult for them. 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.We have provided for a Judiciary, which willdetermine questions arising under this Constitution, and with all other questions which should be dealtwith by a Federal Judiciary and it will also be a High Court of Appeal for all courts in the states that
25
choose to resort to it.
In doing these things, have we not provided, first, that our Constitution shall be free:next, that its government shall be by the will of the people, which is the just result of their freedom: thirdly
,that the Constitution shall not, nor shall any of its provisions, be twisted or perverted
, inasmuch as acourt appointed by their own Executive, but acting independently, is to decide what is a perversion of its provisions? We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the30 Constitution.
It is appointed not to be above the Constitution, for no citizen is above it, but under it;butit is appointed for the purpose of saying that those who are the instruments of the Constitution-theGovernment and the Parliament of the day-shall not become the masters of those whom, as to theConstitution, they are bound to serve.What I mean is this: That if you, after making a Constitution of this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow
35
degrees you may have that Constitution-if not altered in terms-so whittled away in operation that theguarantees of freedom which it gives your people will not be maintained;and so, in the highest sense,the court you are creating here, which is to be the final interpreter of that Constitution, will be such atribunal as will preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the
40
sphere of the Commonwealth. Having provided for all these things, I think this Convention has donewell.
END QUOTE
Despite the High Court of Australia ruling in
Sue v Hill 
there is no constitutional power for the
45
High Court of Australia to alter by back door manner or otherwise the true meaning andapplication of the constitution!
.
HANSARD
2-3-1898
Constitution Convention Debates
QUOTE50
Mr. BARTON
.-
I did not say that. I say that our real status is as subjects, and that we are all alikesubjects of the British Crown.
END QUOTE
Hansard
6-4-1897 
Constitution convention Debates
(
Official Record of the Debates of the NationalAustralasian Convention
)55QUOTE
Mr. DEAKIN:In the first instance, the power of the Crown itself is nowhere defined, and cannot be defined under thisconstitution.
END QUOTE60
Hence, it is immaterial if the High Court of Australia fancy any Australian Crown or Queen of Australia, as we only can recognise a British Crown.
 
 p3 5-9-2013
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
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edition limited special numbered book on Data DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
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by making a reservation, See also
Blog at
Http://www.scrib.com/InspectorRikatiFor the record the Australian Electoral Commission didn
t oppose these and other submissionwhen I comprehensively defeated the AEC on 19 July 2006 in the County Court of Victoria andtherefore is bound to accept this.I do not seek to alter the constitution rather to the contrary persist with the true meaning and
5
application of the constitution, and the AEC clearly went along with this, on 19 July 2006! Had itnot its lawyers present at the court, and they could have stated it objected to certain submissions,I made and set out why! However, as it claimed it was
not in the public interest
to pursuefurther litigation, and oppose my
appeals
then it conceded defeat and acknowledged by this Iwas correct in my submissions.
10
Hansard
2-3-1898
Constitution Convention Debates
QUOTE
Mr. SYMON
.-The honorable and learned member is now dealing with another matter. Would not the provision which is now before us confer upon the Federal Parliament the power to take away a portion of this15 dual
citizenship
, with which the honorable and learned member (Dr. Quick) has so eloquently dealt? If that isthe case, what this Convention is asked to do is to hand over to the Federal Parliament the power, whetheexercised or not, of taking away from us that
citizenship
in the Commonwealth which we acquire by joiningthe Union. I am not going to put that in the power of any one, and if it is put in the power of the FederalParliament, then I should feel that it was a very serious blot on the Constitution, and a very strong reason why20 it should not be accepted. It is not a lawyers' question
;it is a question of whether any one of British bloodwho is entitled to become a citizen of the Commonwealth is to run the risk-it may be a small risk-of having that taken away or diminished by the Federal Parliament!
When we declare-"Trust theParliament," I am willing to do it in everything which concerns the working out of this Constitution, but I amnot prepared to trust the Federal Parliament or anybody to take away that which is a leading inducement for 25 joining the Union.END QUOTE
.
Hansard
8-2-1898
Constitution Convention Debates
QUOTE30
Mr. SYMON
(South Australia).-I think the honorable member (Mr. Wise) has expanded the spirit of federation far beyond anything any of us has hitherto contemplated. He has enlarged, with great emphasis, onthe necessity of establishing and securing one
citizenship
.
Now, the whole purpose of this Constitution isto secure a dual citizenship.
That is the very essence of a federal system. We have debated that matter againand again. We are not here for unification, but for federation, and the dual
citizenship
must be recognised as35 lying at the very basis of this Constitution.END QUOTE
.
In Macleod Lord Halsbury L.C. quoted (at p 458) the remarks of Parke B. in Jefferys v. Boosey (at p 926 of HLC (p725 of ER)):40QUOTE(T)he Legislature has no power over any persons
except its own subjects, that is, persons natural-bornsubjects, or resident, or whilst they are within the limits of the Kingdom.
END QUOTE
.
45
Hansard
6-3-1891
Constitution Convention Debates
QUOTE
Mr. THYNNE
:I shall quote from Mr. Dicey's recent work, which is very clear in its language. He says:
One of the characteristics of a federation is that the law of the constitution must be either legallyimmutable or else capable of being changed only by some authority above and beyond the ordinary
50
legislative bodies, whether federal or state legislatures, existing under the constitution.
END QUOTE
.
Hansard
6-3-1891
Constitution Convention Debates
QUOTE
Mr. THYNNE
:55
The constitution of this federation will not be charged with the duty of resisting privileged classes, forthe whole power will be vested in the people themselves. They are the complete legislative power of thewhole of these colonies, and they shall be so.
From[start page 106]them will rise, first of all, the federalconstitution which we are proposing to establish, and in the next place will come the legislative powers of theseveral colonies.
The people will be the authority above and beyond the separate legislatures
 
,and the

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