WITHOUT PREJUDICE

Mr Clive Palmer

16-10-2013

Palmer United Party Admin@PalmerUnited.com
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Cc: Mr Tony Abbott: Tony.Abbott.MP@aph.gov.au
Ref: 131016-G. H .Schorel-Hlavka O.W.B. to Mr Clive Palmer CONSTITUTIONAL MATTERS-ETC 10

Clive,

below I reproduced a email I forwarded to a person named Alan (a person I communicate with), but saving to type out the same I just quote it. I am concerned about media report that you may seek to block legislation to be passed for no other reason but wanting to have certain political party facilities. If this were true, not that I take 15 it it is, you would be no different then the tugs in some unions who are making unreasonable demands. First of all the Parliament does not exist out of political parties but out of representatives chosen by the constituents of certain constituencies. As you ought to be aware of sometime a Member of Parliament belongs to a political party when elected and then resigns but still retains the seat in 20 the Parliament. Peter Slipper is one who clearly was no longer a member of a party for which he stood when elected. Likewise Craig Thompson was for the ALP as a elected representative but then left the ALP. As the Framers of the Constitution stated;
25 Hansard 25-3-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. WISE: I can see no other course. It has taken 100 years for the United States to pass a Civil Service Act, and now it is not of very much value. If we get a party system, and follow it out in the appointment of civil servants, we will be initiating a system of corruption which would gain strength every day. END QUOTE

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So true. Reportedly Julia Gillard had a staff of 50, and for what you need to ask? 35 A Prime Minister is supposed to be the first Minister but that is all. We now seem to pretend he is some president or Monarch and we need this nonsense down. Don’t forget you with your companies and so all alter businesses are so to say coughed through the eyes to pay for all that non sense. That should stop!
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The following link not only relates to the document about the Governor-General but also relates to the position of the politicians defrauding taxpayers (of which your companies also belong) because no one so far seemed to be able to stop them. Surely you don’t want this rot to escalate with any nonsense?
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. The Parliament can only spend monies within its powers and political parties has nothing to do with it, other then that if a member of a Political party were to vacate his/her seat then another member of that political party (that is in the Senate) can then replace this person. The 5 constitution was amended to provide for this and no further. Ministers are not appointed because they belong to a specific political party but because first of all the Governor-General acting on behalf of the Monarch cannot be held responsible and hence relies upon “advisers” who on his/her behalf runs departments as being “responsible Ministers’, but we known now the crap we get that when Peter Garrett presided over the insulation debacle 10 and 4 people died he took no responsibility for this. He as I understand it blames others that they overruled him, including Kevin Rudd, but reality is Peter Garrett was the “responsible minister’ and therefore legally accountable!
Hansard 1-3-1898 Constitution Convention Debates 15 QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as 20 any private person would be. END QUOTE

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No matter what Cabinet or the prime minister decides in the end the “responsible Minister’ has the final say. If he has no backbone then too bad, but he remains responsible. that is also why it is utter nonsense for the High Court of Australia to have accepted that creating other positions within s64 is permissible because the Framers of the Constitution made it very clear that only one person could be in charge of a department and he would be the “responsible Minister’ and as such no such nonsense as secretary to the Minister or Minister assisting the Minister because each Minister appointed must be part of the federal executive (generally referred to as the cabinet) and clearly this is not now complied with. Just jobs for the boys. Would you really accept that if you had a manager and something went horribly wrong such as the death of a worker he then would blame whomever, like those under his supervision but not accept any responsibility himself even so it may be that he as the manager failed to act appropriately or manage appropriately? Yet, this is the culture now created and Peter Garrett is in my view a clear example and so the Minister for Administration failing to keep an eye on the rorting and rip off’s, as is for example with the elderly in nursing homes, where “responsible ministers’ are no one to b e found for their lack of proper management resulting in the death of many of the elderly, let alone the huge suffering by the many. What we have is Ministers wanting to be on the job for “photo opportunities” to promote themselves, but not willing to accept responsibility for the job at hand. The Framers of the Constitution made clear that the minister would even be responsible for the trucks that were operating in his Department as the “responsible Minister”, well try to find a single Minister willing to do so. In fact Tony Abbott and others are blaming their staff for the rorting of expenses, rather then to accept personal liability for fraudulently charging expenses. Their staff work on their behalf and if they cannot manage to competently run their own affairs then how can they expect to conduct the affairs for all Australians? Considering that the Commonwealth tired pensions and other welfare payments to the CP{I (Consumer price Index) then why is the Commonwealth not enforcing s109 of the constitution and ensure the States do not increase their charges above the CPI against the same? Why is it that you as an utter fool have been paying State Land taxes (including council rates)where since 1910 it become a exclusive Commonwealth legislative power, and as such state land taxes and council rates (the High Court of Australia in Sydney Council v Commonwealth in 1904 held was a delegated State land tax power)?
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You are getting on in age and we all can be struck down by ill health at any time, as I was in recent weeks, and then you may find that tomorrow you could be in such state of being like vegetable that you be depending upon some care facility. You will find that the “responsible 5 Minister” will always blame the nursing home providers rather then having so to say a backbone and admit being responsible. This sickening culture should be stamped out. If you ever contemplate to become prime minister then you better so to say pull up your socks and get too work and stop any nonsense. Work from the constitution as to what is the true meaning and application of the constitution and 10 you may just find that electors all over Australia may flock to your party, as they are sick and tired of the abuses by others. Now, how simple can that be just to act according to what is constitutionally permissible and you may just have so to say granted your wish.
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The Parliament should never be perverted to provide special facilities for political parties as this denies the rights of independents to be equal. If there is to be a leader of the opposition then it should be one democratically elected by all members of the opposition and not just because some political party has more seats then another. In any event, the constitution doesn’t provide for any payments for the leader of the opposition or for any so called “shadow ministeries” and so unless there is an amendment of the constitution to provide for this I hold it is fraudulent conduct to take the cost from the Consolidated Revenue Funds. Would you really like to see that non-union members are forced to follow what union members dictate? Would you really want to give union members working in your companies special privileges not provided to non-union members? So, why should the Parliament be any different? The mere fact that Members of Parliament may have voted for perks doesn’t make it constitutionally valid and permissible. If workers in your companies were to vote that from now on they do not want you to be the owner or part owner of the companies would you just go along? If the voted that they want special perks like a trip around the world at your cost and free chauffeur driven car after the leave their job after say 3 years for retirement would you be foolish enough to accept that? So why then accept former Prime Ministers and former GovernorGenerals for those fraudulent payments and perks? Why then not stop this rot? Reality is that generally people are rotten to the core, and this rot is exposed when they themselves get into a position of power or perceived power. Then all their preaching about what was done wrong by others is nothing compared to their own illegal conduct that follows subsequently. What appears to be the motto then is: “I don’t like the bastards to rob me of my hard earned monies I paid in taxes, but if I can rob others even worse then that is all right.”. So, forget about special privileges for any political party, it should be cut out. If they want to run a political party then they can do so outside the Parliament at their own cost. If blue and white colour workers ordinary are limited in what a union can do within a workplace then I view the same should apply to political parties, which are no more but white colour unions for politicians which join them. Would you really want to run your companies along the lines how Parliament expenditure is run? Would you want your managers to go for overseas trips supposedly to study, say, how you can file documents into a 4 drawer filing cabinet or how to dispose of an A4 sheet of paper in a waste paper bin, or other such nonsense, and then they bill your company for paying for this and also for their extended family to come along, as after all knowing how one dispose of an A4 used sheet of paper in a waste paper bin is of such considerable difficult consideration that the entire family needs to come along. Or would you just tell the joker get lost I have no need for this kind of rubbish?
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The Framers of the Constitution held that the Chair of a Committee rightfully could be paid without being in conflict as he was not employed by the Commonwealth of Australia, but by the Parliament itself, as is the Speaker of the House of Representatives or as the President of the Senate. However, we should never accept that paying for union privileges is part of the 5 Parliament. political parties are political unions between some but not all Members of Parliament and should have no special privileges nor can it be deemed Parliament can be authorised to provide for special perks as such at taxpayers expenditure. during 2012 a person made known he was a committee member of the Liberal Party and that there existed a special group of people including lawyers and judges as to oppose me. For any 10 government to set this up must underline how concerned it is that I am exposing their rot. What we therefore have is a rotten system where our true constitutional rights and governance has been hijacked by the terrorists, calling themselves Members of Parliament, Ministers and Governor-General’s and the above is merely so to say the tip of the ice berg.
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What we have is that the Monarchist opposing a republic by back door manner seek to rule as if the Commonwealth of Australia is a republic, just for the exercise of powers. We cannot have this. . If we are going to have a Governor-General which is not as is constitutionally required appointed upon recommendation of the Home Office (10 downing Street, London) by her Majesty then we should have a Governor-General or a president which is elected by the people and so not some lap dog for the Australian federal executive. . Such person, or any candidate standing for an election for the office subject to the following conditions: * must b e a person natural born in the Commonwealth of Australia or at least have been naturalised and a permanent resident within the Commonwealth of Australia for no less then 20 years, and *shall; not have held any dual nationality (other then British nationality) or other nationality for less then 20 years *shall not have been a member of a political party (that was or is in government in the last 15 years) for at least 15 years. *shall not be promoting any political party he/she may have previously belonged to in relation to the election for which he/she may be standing for *shall not have any financial or other support of any political party in regard of the election. *shall not accept or otherwise receive any funding from political parties or any businesses at least 10 year prior to standing for the election that may be construed to be a financial support in regard of the election. * shall not be entitled to any financial benefits from the Commonwealth of Australia if elected, other then for the actual timer being in office. * shall only be able to exercise duties, functions, obligations within the boundaries of the Commonwealth of Australia *shall upon a decision of a joint sitting of both Houses of Parliament be removed of office for misconduct, but such decision remains appealable to the High Court of Australia upon “error of law”, during which appeal an acting Governor-General/President shall maintain the status quo in a care taker mode, without making major decisions. (Note: to avoid the kind of abuse perpetrated by the Queensland government in 1921!)

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*shall be prohibited during the term of his/her office to accept directly or indirectly any citizenship/nationality not having been acquired at the time of his/her election, not shall become a resident citizen in another country. shall be prohibited of holding office for more then two terms, and each term may be maximum be of a 4 year duration. any person appointed to maintain the status quo as a care taker shall nevertheless have this counted as a term for purpose of the maximum 2 terms entitlement. This, as to avoid manipulation by anyone to serve more then 2 terms in office. the holder of a deputy/vice Governor-General/President office shall be limited also to two terms of maximum 4 years, however this person may subsequently be still eligible to one term as a Governor-General/President, this as to ensure that in the event this person is to act as a care taker Governor-General/President he/she can do so. However a person who has served one term as deputy/vice Governor-General/President and one term as GovernorGeneral/President can no longer be deemed to be eligible to stand as a candidate for any election for Governor-General/President or the deputy/vice office. *shall not have held any Office for Profit (state/territory or federal) for at least 10 years prior to nominating for the election. *shall not be or have been convicted of any serious crime in the previous 10 years prior to nomination or where the person was pardoned such pardon was provided no later then 10 years prior to nomination. * shall not be under any acknowledgment of allegiance, obedience, or adherence to a foreign
power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or (ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for two year or longer; or (iii) is an undischarged bankrupt or insolvent; or (iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth at the time of nomination, the election or when holding the office elector for; or (v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons; But subsection (iv) does not apply to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen’s navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth, provided such service referred to concluded not less then 5 years prior to the nomination for the election

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Certain conditions of an election:
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* Any elector desiring to stand as a candidate shall qualify as a candidate who has the right to vote for the more numerous House shall by s41 of the constitution be entitled but not compelled to vote for any election that is held for purpose to elect a GovernorGeneral/President. No candidate shall be required to pay any deposit or other financial payment to stand as a candidate and neither shall be required to obtain any number of signatures for nomination as his/her own signature shall be sufficient to be accepted as a candidate. * Any elector wishing to vote may vote and provide preferences for those candidates desired to vote for. However, where the number of preferences marked on is less then the number of candidates then once the preferences have been disposed of and no candidate was declared the successful candidate then the ballot paper shall be disregarded as being “informal” and not be counted as a vote in further distribution of preferences.
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* The electoral Commission shall hold a draw as to the order of candidates to be listed on the ballot paper. * The media, including newspapers, shall be prohibited to publish articles about a certain candidate or candidates without providing equal opportunity to any and all other candidate(s). * The candidates shall be held responsible for their advertising and shall be limited to posters, banners, etc, which are of a reasonable format no larger then the Electoral Commission may provided for but in any event shall not be larger then 1.5 metres in any size. * The electoral commission shall provided each household/elector with a booklet which contains A4 pages in which each candidate in order (as listed on the ballot paper) shall provided details as desired, as to his/her reasons to stand as a candidate. Such booklet shall b e at no cost to the candidate(s) or the electors. * Any person deemed to be an elector but not have resided in the State from which he/she is deemed to be an elector, for at least 5 years prior to the election being held shall not be deemed to be an elector for purpose of s41 of the constitution. (This is because the Commonwealth now allows people to vote when they take on Australian Citizenship even so they do not reside in the Commonwealth of Australia and as such could artificially interfere with any election. This needs to be avoided/prevented). * The candidate which obtains the majority on first preferences or if there is a further preferences division upon further division shall be deemed to be the successful candidate subject to any dispute that may be litigated before a Court of Disputed Returns and/or High Court of Australia. The candidate who has the next highest vote shall be deemed to be the deputy/vice Governor-General/President and in this order all candidates shall be listed. This, so in even of death or otherwise they bed listed in picking order but any candidate that were then be entitled to take office but in the mean time has acquired another nationality/citizenship or otherwise would be excluded from office then shall not be considered for this office. A candidate who was found not to have been eligible to stand as a candidate in the first place shall have ballot papers counted as if he/she never was a candidate. By this any ballot paper that has a preference to this ineligible candidate shall be held as if the next preference after the ineligible candidate was the allotted candidate as such all numbers of the following candidates are taken as renumbered with 1 less in value. For example, preference 4 for the ineligible candidate means that preference 5 would then be counted as preference 4 and so onwards. * It shall be prohibitive for any municipal/shire council to interfere with election material and in any circumstances this were to eventuate then the CEO as well as each councilor shall be deemed to have committed a serious crime and be dealt with accordingly. (As a candidate I found councils to favour their political party dominated council and remove tens of thousands dollars worth of posters/banners I had posted but leaving their political candidate posters/banners on display. This should be stopped and the way to go is to hold the CEO and councillors personally liable -even if their staff does it- to avoid them to excuse themselves and they get away with their illegal interference in an election). * At time of voting (including early voting) the Electoral Commission shall be required to have an electronic display or booklet or both available for the elector where on the second page and following the name of each candidate and the relevant page number is listed so an elector can check each candidate statement. * For purpose of postal voting the Electoral Commission shall provide a printed booklet in regard of each candidate to the postal voter with the ballot paper. * Each candidate shall be provided with an opportunity to have no more but one A4 page in the booklet the electoral commission published and this shall also be published on the
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electoral commission website in a manner that the link is visible and easily identifiable on its main page for electors to check out. This to include any How-To-Vote on the ballot paper, if the candidate so desires. *Candidates shall be prohibited (so those assisting them in their election) to hand out any How-To-Vote card at or near polling stations on early voting , poll day, etc, other then handing out a ordinary size business card of maximum one business card per candidate per elector. (I found that electors were overwhelmed at polling stations where one candidate had 5 or more supporters handing out large leaflets of the same candidate, which was in my view sheer waste as no elector would manage to read it all and certainly not all of those of the one candidate. Likewise, some candidates had huge banners all around a school perimeter (where the polling was held) preventing other candidates to out their banners up and this was clearly an abuse of space by political parties, and should b e completely nipped in the but for the non political elections of a Governor-General/President. *The electoral commission shall conduct the elections but shall not supervise its own conduct as a special supervisory body shall be appointed to deal with any complaints regarding the election and the conduct of the electoral commission itself.(I found that the electoral commission denied me to use certain items for election and after the election made known I could have used it. It was simply unduly interfering with my rights to conduct my election and indeed removed How-To-Vote cards, after I left, even so they were within the rules. * The election shall be held that in all parts of the Commonwealth of Australia the closure of the polls is the same on polling day. Where there is a time difference between the States then the polling closing shall be adjusted to ensure that every state/territory closes its polling at the same time. (For example where Western Australia were to be 1 hour behind the time applicable in eastern States then its polling shall close on Canberra time and obviously its polling shall open at Canberra’s time, and so the same for any other State/Territory * Early polling and postal voting shall not be permitted until at least 4 working days (excluding public holidays and weekends) have been allowed after the closing of the nominations, as to ensure that candidates have appropriate time to have their material printed and ready before any votes are cast. (I found that the current system for allowing a mere few hours prevent independent candidate generally to have their material printed for the next day start of early voting, in particular where the material to be printed could be subjected to the electoral commission allowing it and so it could take days after the early polling already had commenced before finally How-To-Vote cards could be printed and handed out.) * No payment whatsoever shall be made out of Consolidated Revenue Funds in regard of primary votes and/or any other referenced vote a candidate receives. * The electoral commission shall be prohibited of publishing on any election material it provides to electors for purpose of information for the elector about candidates to provide any references to any political party. * The electoral commission shall provide information to electors as to what the office of the Governor-General/President stands for, and its functions its website, including the remuneration and other entitlements that are applicable. This as to ensure electors are aware what they are voting in regard of, and the provisions relating to the office. * Upon as petition of 10% of the eligible electors to challenge the person holding the office of the Governor-General/President the High Court of Australia may determine if this person is and remains or is deemed to be competent to continue in the office of the Governor-General/President. (This provision is so in the event a GovernorGeneral/President appears to be unreliable or mentally incompetent or otherwise may not be able to function as the electors reasonably could expect and they are concerned that the
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Parliament/Government misuses/abuses this then the electors themselves can petition the court about this. the court would in those circumstances have the unfettered powers to order the Governor-General/President to undergo medical assessment, etc, and appoint a care taking Governor-General/President not necessarily being the depute/vice GovernorGeneral/President if it on judicial grounds consider it not justified to do so.) Number of candidates

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Where the number of nominated candidates at closure of the nominations for the whole of the Commonwealth of Australia exceeds 150 (using for argument sake the number of seats in the House of Representatives) then the electoral commission shall provide for a pre-selection election as follows: * The total number of eligible votes shall be divided by the number of candidates that are nominating. * All territories will be counted as one unit in total. As such if the total population of all territories, including the Northern Territory (128,916) and the ACT (265,160 224), Christmas Island, etc, amounts to say 400,000 eligible electors, then this is 1 unit of 400,000 million electors. Each state is permitted to pre-elect the number of candidates in proportion to the number of electors. This would lead (using the figures of the 2013 federal election to NSW 48 candidates, Vic 37 candidates, Qld 30 candidates, WA 15 candidates, SA 11 candidates, Tas 5 candidates and the territories 45 candidates. If any state has less candidates then entitled upon then the candidates who nominated are automatically locked in as eligible to stand as a candidate. If there are more candidates then entitled to then there has to be a State confined election to reduce the number of candidates till the number permitted are achieved. If for example Victoria had only 20 nominations then those 20 nominations are locked in. As nominations were closed then the balance of 17 Victoria was entitled upon is left to be divided between those states who have more candidates then now entitled upon by their quota of number of seats in the House of Representatives. It means that only already nominated candidates can be eligible for the balance of the number of candidates left. if for example NSW had only 35 candidates then the balance of 13 places with 17 of Victoria can be divided by the other states and Territory. it would have left ordinary 65 places for the other states/territory but because Victoria and NSW didn’t have a great number of candidates nominated then the 30 left over adds to the other states/territory leaving them to fill 65+30+95 places. If then QLD had say 34 candidates, then no need to hold any state based election because the 4 easily are left to Queensland from the 30. As such, 61 may be left for SA, Tas, WA and the Territories. They normally have an entitlement of 35 candidates and so the rounded off allocation of candidates might amount to WA 29, Sa 22, Tas 5 and Territories 4. It is then found that WA having 30 candidates nominated has to hold a state based election to loose one candidate, unless the other states/Territory have less then allowed on the quota as then it may not need either a state based election. If in fact SA only has 7 candidates and the surplus is then 4 then WA can have its 30 candidates. it leaves then for SA, Tas and the Territories to sort out their eligible candidates by holding a State/territory election top reduce the number of candidates each are allowed to have. If for example SA had 18 nominated candidates, Tas had 17 candidates and the Territories a massive 21 then they would have to drastically reduce the number of candidates by prep-selection process where the electors non compulsory voted on preferences which candidates should be left in the running. It should be understood the quota only applies if there are more then 150 candidates nominated at closure of nominations. If there are less candidates then 150 then all
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nominated candidates, regardless of which state/territory they may be from are entitled to stand for the election of Governor-General/President. See also http://vtr.aec.gov.au for details TOTAL
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State/Territory The 2013 election debacle:

NSW VIC QLD WA SA TAS ACT NT National

As per my 8-9-2013 correspondence the following tuimer tab le is the correct one:
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As I understand it the writs issued had: 15 August 2013 closing nominations as such 23 days must be counted at conclusion of the 15 August and the poll cannot be held until the conclusion of the 23rd day. As such, it is not on the 23rd day! Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8 Day 9 Day 10 Day 11 Day 12 Day 13 Day 14 Day 15 Day 16 Day 17 Day 18 Day 19 Day 20 Day 21 Day 22 Day 23 Day 24 Day 25 Day 26 Day 27 Day 28 Day 29 Day 30 16 August 2013 Friday 17 August 2013 Saturday 18 August 2013 Sunday 19 August 2013 Monday 20 August 2013 Tuesday 21 August 2013 Wednesday 22 August 2013 Thursday 23 August 2013 Friday 24 August 2013 Saturday 25 August 2013 Sunday 26 August 2013 Monday 27 August 2013 Tuesday 28 August 2013 Wednesday 29 August 2013 Thursday 30 August 2013 Friday 31 August 2013 Saturday 1 September 2013 Sunday 2 September 2013 Monday 3 September 2013 Tuesday 4 September 2013 Wednesday 5 September 2013 Thursday 6 September 2013 Friday 7 September 2013 Saturday 8 September 2013 Sunday, after which the first Saturday can become polling day! 9 September 2013 Monday 10 September 2013 Tuesday 11 September 2013 Wednesday 12 September 2013 Thursday 13 September 2013 Friday 14 September 2013 Saturday, first and last available polling date!

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45 END QUOTE

The error the AEC constantly and persistently hard headed is making is that it fails to accept that the 23rd day cannot be used for a poll to be held as the 23 are the minimum days between the issue of the writs and the day the actual poll is held. This despite court judgment as to how days
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are to be calculated and despite that it was comprehensively defeated by me on 19 July 2006 for the same error in calculation. This is also why the supervision of how the AEC conduct elections should be in the hands of a supervisor not the AEC itself. Another issue is that there were candidates which were receiving an awful lot of money far in excess of what they spend on the election. clearly, this means the monies paid are not at all for the promotion by candidates for the election but just to be so to say a windfall for some candidates. By this the elections are perverted for ulterior purposes where people may stand just to make a lot of money without needing to be elected. A reported $56 million is a lot of money to 10 squander, where so many taxpayers (who’s monies are used) are struggling to make ends meet.
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As to the Governor-Generals power see link bedlow to the published document!
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The Governor-General's power could actually result in appointing her son-in-law (the father of her grandchild) Bill Shorten to be immediately Prime Minister, and so constitutionally valid, despite of the implied bias. Because Tony Abbott didn't bother to ensure the election was validly held, this, even so I warned him about it. You may just enjoy reading it as it also goes into details about the rorting by politicians, etc.

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Document can be downloaded from:
http://www.scribd.com/doc/175942494/131014-Governor-General-s-Constitutional-Powers-Etc END QUOTE 25 QUOTE STATEMENT 15-10-2013 Alan, you may hold I am a bit sharp in my words at times but we need to wake up those who think we have ample of time. 30 The Inter-State Commission was specifically set up to deal with localized issues the federal government is not permitted to deal with, such as specific road funding. (Part of Trade and Commerce) We had the (Senator) Button plan” (ALP) many years ago, if not decades ago, to address the motor vehicle industry, but that was a political gimmick and should have been dealt with by the Inter-State Commission. The moment you got a political party involved it goes generally no where as then monies get squandered. Consider the Education Revolution and the monies spend on it and what really was improved for the students after all this? The same with the insulation scheme. 4 Dead’s and a disaster at taxpayers cost or losses. . Tony Abbott claimed to govern for all Australians, really? He place a publication prohibition on boat arrivals. So we are denied to know the truth. My wife made known to me that she read that the Governor-General officer her resignation to Tony Abbott and he declined. What a hypocrite he is if this was true. He portrayed himself as a monarchist but he is so to say a wolf in sheep clothing. The Governor-General, if having a conflict of interest of a perceived conflict of interest has to advise the Queen as it has nothing to do with Tony Abbott. Tony Abbott is employed via the Governor-General on behalf of the Queen, and has no constitutional authority to accept any resignation of the Governor-General. If the Governor-General cannot even understand this then what is she doing being a Governor-General? What Tony Abbott appear to me to do is to swindle us all, to claim being a monarchist but using republic an tactics. Out constitution provides for Governor-General representing the Monarch, exercising prerogative powers which are beyond control of the Parliament, the Government, the Court and the Inter-State Commission but is head of all of it. the Courts can p10 16-10-2013 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

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only adjudicate regarding matters beyond prerogative powers not interfere with the prerogative powers nor define/declare the crown. Part 1 The Parliament is the body that legislate 5 Part 2. The government. The body that conduct the execution of laws and act accordingly within the framework of the constitution Part 3. The Judiciary which must be and be seen to remain non-political and can only adjudicate within the framework of the constitution, not despite of it, and has no constitutional powers to interfere with the Parliament, the Government or the Interstate Commission conduct unless there is a conduct that any of them act beyond their powers or fail to act appropriately. Part 4 The Inter-State Commission. This is a body that is not responsible to the Parliament, the Government or the courts provided it act within the con fines of its powers and act appropriately. If it makes “an error of law” then an appeal lies by an aggrieved party to the High Court of Australia. the Inter-State Commission is the sole decision maker in “Trade and Commerce” and is not accountable to the Parliament or the government, but again to the High Court of Australia (as is the Parliament and the courts) if there is “an error of law” in its decision, as all are. No one ever seems to have understood the extraordinary powers of the Inter-State Commission! The Parliament can legislate to provide further and additional powers to the InterState Commission, say something like telecommunication if it desired to do so. It can however not interfere with the Inter-State Commission powers regarding “Trade and Commerce”. This is also why the government of any political colour do not want to have the Inter-State Commission in action because they are now using Trade and Commerce as a political football to pork barrel unconstitutionally that is certain area’s. In my view the ACCC should be under the Inter-State Commission supervision, this as it deals with Trade and Commerce. Then you may get an impression that whatever is being done by the ACCC also belongs under the Inter-State Commission. The constitution provides for a 7 year term of appointment to the Inter-State Commission. As such no political elections for this and an incoming government cannot dismiss the Inter-State Commissioner merely because it doesn’t fit its political agenda. The Inter-State Commission is to make decisions based upon expert advise it is provided with as to what is best for the Commonwealth of Australia as well as each area affected by its decision. The federal government can only provide for “uniform” application of funding, etc. for example, a dispute between the Federal Government and a state as to port facilities (as was with Peter Beattie when he was Premier) only can be dealt with by the Inter-State Commission as it can only decided what is best for Queensland say versus the rest of the Commonwealth of Australia and if port facilities should be expanded and so with what funding. What we no saw generally was a stalemate between the federal government and Queensland and ships waiting to load and unload, at cost of businesses. But, it appears to me that Malcolm Turnbull despite advising he would look into it, now being a Member of the federal executive and well aware that the Inter-State Commission always must exist, and has a duty to ensure it does exist, is really not bothered about compliance with the constitution, now he is in power as a Minister. Time for people to act before it is too late! Gerrit 45

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“Gerrit for Governor-General!”
END QUOTE STATEMENT 15-10-2013

For the moment this is plenty for you to consider and I look forwards to your reply, if any.
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Awaiting your response,

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

MAY JUSTICE ALWAYS PREVAIL
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Our name is our motto!)

p11 16-10-2013 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

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