Mr Tony Abbott Tony.Abbott.MP@aph.gov.

au
5

28-9-2013

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 view that no matter what conditions were set the State of Victoria can again create a State Bank if it desires to do so. This, as the parties State and Commonwealth) cannot mutual agree to violate constitutional 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 the banks to do so on its terms. As I recall it, the Commonwealth insisted that people on pensions and welfare benefits would take a bank account. Well, I view the Commonwealth cannot then provide for legislation that may 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” a unilateral 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:
20
.

30 Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999] HCA 27 (17 June 1999) Last Updated: 22 September 2000 QUOTE

Constitutional interpretation
1. 35 The starting point for a principled interpretation of the Constitution is the search for the intention of its makers[51]. That does not mean a search for their subjective beliefs, hopes or expectations. Constitutional interpretation 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 in the historical context in which they used them[52]. In a paper on constitutional interpretation, presented at Fordham University in 1996, Professor Ronald Dworkin argued, correctly in my opinion[53]: "We must begin, in my view, by asking what - on the best evidence available - the authors of the text in question intended to say. That is an exercise in what I have called constructive interpretation[54]. It does not mean peeking inside the skulls of people dead for 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 a particular way on a particular occasion." 2. The application which this Court has given to some words and phrases of the Constitution would almost certainly have surprised most of those who participated in the making of the Constitution. Most of them could not have foreseen the extent to which the application of those words and phrases would enable the

40

45

p1 28-9-2013 INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD A 1st 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 Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Commonwealth to dominate the federation and reduce the power of the States to control their domestic affairs. But that does not mean that this Court's interpretation of our Constitution has lacked fidelity to the intentions of those who made the Constitution. 3. 5 Where the interpretation of individual words or phrases of the Constitution is in issue, the current doctrine of the Court draws a distinction between connotation and denotation or, in other words, between meaning and 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 the things they denoted in 1900. The denotation of words becomes enlarged as new things falling within their connotations come into existence or become known. But in the interpretation of the Constitution the connotation or connotations of its words should remain constant. We are not to give words a meaning different from any meaning which they could have borne in 1900. Law is to be accommodated to changing facts. It is not to be changed as language changes." END QUOTE

10

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 I allude might otherwise lead to a certain amount of misconception. 20 END QUOTE

The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution;
25 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. CLARK.for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him. 30 END 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 be the 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 account has not been ousted for deposit or withdrawal). The Commonwealth of Australia Constitution Act 1900 (UK)
QUOTE Section 51 40

(xxxi) the acquisition of property on just terms from any State or 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 depositors and/or shareholders, not applicable in other business operations. The legislative powers as to banking was so that those dealing with monies of depositors would have 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 bail out, that banks were having lavish overseas trips for their employees, while managers and directors were awarding themselves with millions of dollars for a job well done, while actually wrecking the shareholders values in shares, etc. The Commonwealth Bank shares plunging from about $69.00 to about $24.00. 55 AMP shares plummeting from about $22.00 a share to about $4.00 a share. And AMP is supposed to be an advisor in money management/investment!
p2 28-9-2013 INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD A 1st 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 Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Its directors however was paid millions in a job well done! Wrecking the share values. Don’t I know, 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. But there 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 the people and the savings of a lifetime have been swept away-have melted away like snow before the noonday sun. Through this reckless and corrupt management men who thought they had provided for their 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

20

25

30

35

40

45

50

He would, so to say, turn in his grave to know that there is now a new Prime Minister who is willing 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 doing is stopping the irresponsible conduct of banks. In stead you are guaranteeing they will continue 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 rewards it’s directors with tens of millions of dollars, as eventuated in the U.S.A.. 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 be contradictory to the issue of the Commonwealth demanding employers pay for superannuation contribution, as most of the monies may be gone long before an employee retirees by “reckless and corrupt management” by banking officials relying upon “b ail in” to make up for their “reckless and corrupt management”. As such there would be no incentive for banks to act honourable and responsible! Those in the banking industry should have a minimum of 15 years imprisonment for any unlawful 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 government where any extravagance expenditure must be approved before a bank can commit itself 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 by the authority. Likewise, any banks that desires to trade overseas must have a separate entity without endangering the value of depositors rights. Enough is enough, and if the federal Government is not going to draw a line and legislate to limit 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 not doing this if you are willing to participate in robbing people of their hard earned monies. 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 to collect aluminium cans, to save monies. They did, and had some dollars in the Commonwealth Bank. Well, after a few years the Commonwealth made known the monies was no more because they took it for charges, this even so the accounts were taken out upon the basis no charged would be made by the bank! They were stealing the monies from little kids! One of my sons was able to get his money back but I have for example 2 of them who albeit it may have only be about $15.00 in one bank account, nevertheless it was a lot of aluminium cans for the child to collect (not counting my petrol to drive for them to collect them).
p3 28-9-2013 INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD A 1st 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 Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Much is claimed about the youth of today not showing respect for law and order, but when you have a bank robbing little kiddies from their hard earned monies then how do you expect them to respect the law? And you now propose to authorise the same? All those children saving at school may find one day all the monies are gone because the prime minister didn’t have the stamina and 5 balls to stand up and refuse to get involved in this kind of robbery.
.

The same for all those people who try to manage their lives, and try to save some monies for a rainy day, so they do not have to go to some welfare agency to ask for financial support. Well your message is, as I view it, “Get stuffed, I don’t care about how you provide for your future in 10 cloudy times, as I am following orders form the banking cartels!” or something to this nature.
.

What about those businesses who are working countless hours to try to keep themselves in a job. and also Australians. Again your message appears to me to be: I couldn’t give a red arse about you working for all Australians interest and wellbeing, I just serve the banking carte! 15 What kind of “Australian Way of Life’ do you envisage where people cannot trust banks for the safekeeping of monies? Businesses cannot use banks to deposit their daily takings to pay their bills, as the bills will remain and send them broke, because the bank takes the loot and waste it on fancy extravagances and overpaid directors, etc. Why are you pursuing overseas investment when the banks are draining Australia with their 20 “reckless and corrupt management” of bank holders deposits? Would it not be your first interest to ensure those bank deposits are protected from “reckless and corrupt management”?
.

25

You want to say that after 112 years of federation you still cannot manage to govern within the true meaning and application of the constitution?

Hansard 28-1-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. ISAACS.We can only prescribe a minimum, at all events, so that there shall be a strong guarantee to the 30 Commonwealth, when it comes into operation, that there shall be a bench of such ability as we can secure, and in which we can all place confidence in the fairness and impartiality of its decisions as to the meaning of this Constitution and every part of it. END QUOTE 35

(Ruddock v Taylor (2005) 222 CLR 612 per Kirby J at [137]). For example, in one case, Fullagar J. stated:
“The mere interference with the plaintiff’s person and liberty constituted prima facie a grave infringement of the most elementary and important of all common law rights.”: Trobridge v

Hardy 1955 94 CLR 147 at 152.8 per Fullagar J. In my view this includes a persons properties, including bank deposits. What we had however is 40 that the Commonwealth unconstitutionally was guaranteeing banks, but not other businesses.
The Commonwealth of Australia Constitution Act 1900 (UK) QUOTE

85 Transfer of property of State
45 When any department of the public service of a State is transferred to the Commonwealth: (i) all property of the State of any kind, used exclusively in connexion with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor-General in Council may declare to be necessary; (ii) the Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in 50 connexion with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the establishment of the Commonwealth; (iii) the Commonwealth shall compensate the State for the value of any property passing to the Commonwealth under this section; if no agreement can be made as to the mode of compensation, it shall be 55 determined under laws to be made by the Parliament; (iv) the Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred. END QUOTE p4 28-9-2013 INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD A 1st 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 Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

It should be noted that this is regarding State property, not a citizens property.
HANSARD 18-2-1898 Constitution Convention Debates (Official Record of the Debates of the National 5 Australasian Convention) QUOTE Mr. ISAACS.The right of a citizen of this great country, protected by the implied guarantees of its Constitution, END QUOTE
.

10 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. CARRUTHERS (New South Wales).It does not require a majority of the states to insist that the constitution shall be obeyed, because a majority of the states cannot by resolution infringe the constitution. 15 END QUOTE Hansard 3-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE 20 Sir EDWARD BRADDON.-The amendment is to omit clause 110, and insert the following now clause:The citizens of each state, and all other persons owing allegiance to the Queen and residing in any territory of the Commonwealth, shall be citizens of the Commonwealth, and shall be entitled to all the privileges and immunities of citizens of the Commonwealth in the several states, and a state shall not make or enforce any law abridging any privilege or immunity of citizens of the Commonwealth, nor shall a state deprive any person of life, liberty, or property without due process of law, or deny to any person within its jurisdiction the equal protection of its laws. END QUOTE
.

25

Hansard 2-3-1898 Constitution Convention Debates (Official Record of the Debates of the National 30 Australasian Convention) QUOTE Mr. BARTON.-Yes; and here we have a totally different position, because the actual right which a person has as a British subject-the right of personal liberty and protection under the laws-is secured by being a citizen of the States. It must be recollected that the ordinary rights of liberty and protection by the 35 laws are not among the subjects confided to the Commonwealth. END QUOTE HANSARD 1-3-1898 Constitution Convention Debates QUOTE 40 Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution we will have to wipe it out." END QUOTE And Hansard 17-2-1898 Constitution Convention Debates (Official Record of the Debates of the National 45 Australasian Convention) (Re Section 96 of the Constitution) QUOTE Mr. OCONNOR.In this case the Constitution will be above Parliament, and Parliament will have to conform to it. END QUOTE 50 QUOTE BROWN v. TEXAS, 443 U.S. 47 (1979) -- CALIFORNIA CIVIL CODE 3527. The law helps the vigilant, before those who sleep on their rights. "A statute does not trump the Constitution." People v. Ortiz, (1995) 32 Cal.App.4th at p. 292, fn. 2 Conway v. Pasadena Humane Society (1996) 45 Cal.App.4th 163 UNITED STATES OF AMERICA, v. JERRY ARBERT POOL, C.A. No. 09-10303, IN THE UNITED STATES 55 COURT OF APPEALS FOR THE NINTH CIRCUIT (Opinion filed September 14, 2010), On Appeal From The United States District Court For The Eastern District of California "A statutory privilege cannot override a defendant's constitutional right." People v. Reber, (1986) 177 Cal.App.3d. 523 [223 Cal.Rptr. 139}; Vela v. Superior Ct, 208 Cal.App.3d. 141 [255 Cal.Rptr. 921], however, "the judiciary has a solemn obligation to insure that the constitutional right of an accused to a fair trial is realized. If that right would be thwarted 60 by enforcement of a statute, the state ...must yield." Vela v. Superior Ct., 208 Cal.App.3d. 141 [255 Cal.Rptr. 921 Obviously, administrative agencies, like police officers must obey the Constitution and may not deprive persons of constitutional rights. Southern Pac. Transportation Co. v. Public Utilities Com., 18 Cal.3d 308 p5 28-9-2013 INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD A 1st 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 Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

[S.F. No. 23217. Supreme Court of California. November 23, 1976.] If evidence of a fact is clear, positive, uncontradicted and of such nature it cannot rationally be disbelieved, the court must instruct that fact has been established as a matter of law. Roberts v. Del Monte Properties Co., 111 CA2d. 69 (1952) If they can get you asking the wrong questions, they don't have to worry about answers. Thomas Pynchon They will do whatever 5 we let them get away with. Joseph Heller ~*~ END QUOTE

If you don’t know what the true meaning and application of the constitution is then seek the advise of a CONSTITUTIONALIST and not someone bragging to be a constitutional lawyer 10 (an oxymoron). And otherwise get out of the job as obviously you lack the ability to govern for all Australians. This correspondence was written upon the understanding that the Federal Parliament will be requested to legislate for “bail in” for the banks, being the banks can then take the deposits of its 15 customers and shares of its share holders, to make up for its own “reckless and corrupt management”. Awaiting your response,
20

G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
®

MAY JUSTICE ALWAYS PREVAIL
(

Our name is our motto!)

p6 28-9-2013 INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD A 1st 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 Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Sign up to vote on this title
UsefulNot useful