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P. 1
130928-Mr G. H. Schorel-Hlavka O.W.B. to Mr Tony Abbott-Re Bail In

130928-Mr G. H. Schorel-Hlavka O.W.B. to Mr Tony Abbott-Re Bail In

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"Bail out" or "bail in" we find the Federal government incompetent to regulate any abuses to avoid either of those situations.
"Bail out" or "bail in" we find the Federal government incompetent to regulate any abuses to avoid either of those situations.

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Published by: Gerrit Hendrik Schorel-Hlavka on Sep 27, 2013
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 p1 28-9-2013
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
Mr Tony Abbott
5
Ref: 130928-Mr G. H. Schorel-Hlavka O.W.B. to Mr Tony Abbott Re
Bail in
Tony, as a
CONSTITUTIONALIST
, I express my concerns as to the
 bail in
matter.The Framers of the Constitution held that banking, other then state banking was a
10
Commonwealth legislative power. And while the State of Victoria sold off its State Bank, I viewthat no matter what conditions were set the State of Victoria can again create a State Bank if itdesires to do so. This, as the parties State and Commonwealth) cannot mutual agree to violateconstitutional provisions.
.
15
The Commonwealth can only provide
uniform
legislation for the Commonwealth, and as such
 bail in
would be limited to only banks falling under its authority, not any State Bank,irrespective if they exist or not at this time, nor other companies which hold deposits.The issue obviously is that the Commonwealth cannot confiscate any property at will, nor allow
20
the banks to do so on its terms.As I recall it, the Commonwealth insisted that people on pensions and welfare benefits wouldtake a bank account. Well, I view the Commonwealth cannot then provide for legislation thatmay jeopardise the bank holding of pensioners and other welfare recipients.Further, the Framers of the Constitution embedded legal principles in the constitution and one is
25
that a judicial decision is required after hearing both parties. Therefore, for any
 bail in
aunilateral decision by a bank, cannot be validated, because it would contradict the legal principles embedded in the constitution.As the High Court of Australia made clear:
.
30 Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999] HCA 27 (17June 1999) Last Updated: 22 September 2000
QUOTE
Constitutional interpretation
1. The starting point for a principled interpretation of the Constitutionis the search for the intention of its35 makers[51]. That does not mean a search for their subjective beliefs, hopes or expectations. Constitutionalinterpretation is not a search for the mental states of those who made, or for that matter approved or enacted, the Constitution. The intention of its makers can only be deduced from the words that they used inthe historical context in which they used them[52]. In a paper on constitutional interpretation, presented atFordham University in 1996, Professor Ronald Dworkin argued, correctly in my opinion[53]:40 "We must begin, in my view, by asking what - on the best evidence available - theauthors of the text in question intended to say. That is an exercise in what I have calledconstructive interpretation[54]. It does not mean peeking inside the skulls of people deadfor centuries. It means trying to make the best sense we can of an historical event -someone, or a social group with particular responsibilities, speaking or writing in a45 particular way on a particular occasion."2. The application which this Court has given to some words and phrases of the Constitutionwould almostcertainly have surprised most of those who participated in the making of the Constitution. Most of themcould not have foreseen the extent to which the application of those words and phrases would enable the
 
 p2 28-9-2013
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
Commonwealth to dominate the federation and reduce the power of the States to control their domesticaffairs. But that does not mean that this Court's interpretation of our Constitution has lacked fidelity to theintentions of those who made the Constitution.3. Where the interpretation of individual words or phrases of the Constitutionis in issue, the current doctrine5 of the Court draws a distinction between connotation and denotation or, in other words, between meaningand application. Thus, in
Ex parte Professional Engineers' Association
[55]Windeyer J said:"We must not, in interpreting the Constitution, restrict the denotation of its terms to thethings they denoted in 1900. The denotation of words becomes enlarged as new thingsfalling within their connotations come into existence or become known. But in the10 interpretation of the Constitution the connotation or connotations of its words shouldremain constant. We are not to give words a meaning different from any meaning whichthey could have borne in 1900. Law is to be accommodated to changing facts. It is not to be changed as language changes."
END QUOTE
15
Hansard
2-2-1898
Constitution Convention Debates
QUOTE
Mr. DEAKIN
(Victoria).-
The record of these debates may fairly be expected to be widely read, and the observations to which Iallude might otherwise lead to a certain amount of misconception.
20END QUOTE
The following will also make clear that the Framers of the Constitution intended to have
CIVILRIGHTS
and
LIBERTIES
principles embedded in the Constitution;
25
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.30END QUOTE
A fundamental right is that a person can trust that a bank will secure any deposits made as the bank may pay out the money bill to others, but the value of the monies deposited remains to bethe property of the depositor.There is nothing in the constitution that would permit the Commonwealth to take charge of 
35
peoples banking accounts (even so it does so already unconstitutionally after 3 years an accounthas not been ousted for deposit or withdrawal).
The Commonwealth of Australia Constitution Act 1900
(UK)
QUOTE Section 51
(xxxi) the acquisition of property on just terms from any State or 
40
person for any purpose in respect of which the Parliament has power to make laws;
END QUOTE
Therefore,
 just terms
cannot be that the Commonwealth confiscate altogether monies from bank accounts, as this denies
 just terms
. Likewise, the Commonwealth cannot use a back door 
45
manner to so to say confiscate or otherwise interfere with the ordinary rights of bank depositorsand/or shareholders, not applicable in other business operations.The legislative powers as to banking was so that those dealing with monies of depositors wouldhave a general regulation, which will ensure banks operate in an appropriate manner. Neither 
 bail out
or 
 bail in
will resolve anything of fraudulent conduct and other mismanagement.
50
What is needed is a more rigid manner to deal with banks. As we saw during the so called bailout, that banks were having lavish overseas trips for their employees, while managers anddirectors were awarding themselves with millions of dollars for a job well done, while actuallywrecking the shareholders values in shares, etc. The Commonwealth Bank shares plunging fromabout $69.00 to about $24.00.
55
AMP shares plummeting from about $22.00 a share to about $4.00 a share. And AMP issupposed to be an advisor in money management/investment!
 
 p3 28-9-2013
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVDA 1
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ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
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by making a reservation, See also
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Http://www.scrib.com/InspectorRikatiIts directors however was paid millions in a job well done! Wrecking the share values. Don
t Iknow, after losing the value of sharers in AMP!
.
Mr Howe, a delegate to the Constitution Convention Debaters specifically pursued that the
5
Commonwealth of Australia would deal with pensions. As he made clear:
Hansard
21-1-1898
Constitution Convention Debates
QUOTE
Mr. HOWE:
They show that the thrift practised by the people of Australia is unparalleled in the history of the world. Butthere is another side to this question, and a very gloomy and sorrowful side indeed.
There are records of 
10
bankruptcy,of reckless, and in some instances corrupt, management, when the hard earnings of thepeople and the savings of a lifetime have been swept away-have melted away like snow before thenoonday sun.Through this reckless and corrupt management men who thought they had provided fortheir old and declining age found themselves stranded on the cheerless shores of charity, and many of them have had to accept even amongst ourselves the pauper's lot. The pauper's lot in Australia or in
15
any other country is to the deserving poor one of the saddest and darkest blots on our civilization.
END QUOTE
He would, so to say, turn in his grave to know that there is now a new Prime Minister who iswilling to undermine the security of pensions and welfare recipients for as I view it no other reason but ensure
reckless and corrupt management
. After all, nothing you are doing or may be
20
doing is stopping the irresponsible conduct of banks. In stead you are guaranteeing they willcontinue their irresponsible reckless conduct.Why safeguard banks but not other businesses?We must make sure that we never have that banks had a government bail out and then rewardsit
s directors with tens of millions of dollars, as eventuated in the U.S.A..
25
Self funding retirees could now faced their entire retirement monies to be confiscated by the bank, and for what? It means a greater burden also upon taxpayers.
Bail in
would becontradictory to the issue of the Commonwealth demanding employers pay for superannuationcontribution, as most of the monies may be gone long before an employee retirees by
recklessand corrupt management
by banking officials relying upon
 b ail in
to make up for their 
reckless
30
and corrupt management
. As such there would be no incentive for banks to act honourable andresponsible!Those in the banking industry should have a minimum of 15 years imprisonment for anyunlawful conduct that may have jeopardise the value of depositors monies.Banks (other then State banks) should be subject to a banking entity under the federal
35
government where any extravagance expenditure must be approved before a bank can commititself to it. As such, any overseas trips or other trips to resorts not ordinary part of the daily work of banking staff/officials must be deemed without lawful justification, unless first approved bythe authority.Likewise, any banks that desires to trade overseas must have a separate entity without
40
endangering the value of depositors rights.
Enough is enough
, and if the federal Government is not going to draw a line and legislate tolimit the absurd expenditure and
reckless and corrupt management
by banks then I view you are a
FRAUD
! As after all you claimed to government for 
ALL
Australians, and clearly you are notdoing this if you are willing to participate in robbing people of their hard earned monies.
45
Supporting
reckless and corrupt management
hardly is proper governance.When I was a single father with caring for up to 5 of my children then I was teaching them tocollect aluminium cans, to save monies. They did, and had some dollars in the CommonwealthBank. Well, after a few years the Commonwealth made known the monies was no more becausethey took it for charges, this even so the accounts were taken out upon the basis no charged
50
would be made by the bank! They were stealing the monies from little kids! One of my sons wasable to get his money back but I have for example 2 of them who albeit it may have only beabout $15.00 in one bank account, nevertheless it was a lot of aluminium cans for the child tocollect (not counting my petrol to drive for them to collect them).

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