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Julia Gillard, PM Email c/o "R.McClelland.MP@aph.gov.au" <R.McClelland.MP@aph.gov.au>
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24-8-2011

Cc: Ted Baillieu Premier ted.baillieu@parliament.vic.gov.au
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Ref: 110824 ALLOWANCE -etc- VELVET REVOLUTION Part 7

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Julia, As a CONSTITUTIONALIST I am well aware that the Framers of the Constitution debated at great length the fact that those elected to the Parliament to represent their constituents would be at a financial loss because the “allowance” they would be provided with would be less than they would ordinary make in their form of employment/self-employment.
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48 Allowance to members 20
Until the Parliament otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat.
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Further there is no such thing as a leaving payment for (FORMER) Members who are not reelected or for other reason leave the Parliament because again they are not employed to represent their constituents. Also no former Member of Parliament can draw any superannuation because again they are not employed as such and their allowance paid during their time to hold a seat in the Parliament should be sufficient for this. And Ministers can’t draw from Consolidated Revenue Funds either because they are constitutionally employed with the British Crown, not the Commonwealth, and the Queen any monies.
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3 Salary of Governor-General 35
There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. The salary of a Governor-General shall not be altered during his continuance in office.
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66 Salaries of Ministers
There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year.

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END QUOTE

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The salary of any Minister is payable to the Queen and it is for the Queen to determine what payment she makes to her Ministers, and if such a Minister may be required to serve her elsewhere not as a Minister in the Commonwealth of Australia or any state. You cannot have for example that such as former Member of Parliaments John Brumby is getting both a State and a federal superannuation and tax free because his payments during holding a seat in either
24-8-2011 Page 1 Ref: 110824 ALLOWANCE -etc- VELVET REVOLUTION Part 7 PLEASE NOTE: Until our website Http://www.office-of-the-guardian.com has been set up to operate the website Http://www.schorel-hlavka.com will be the alternative website for contact details. help@office-of-the-guardian.com Free download of documents at blog http://www.scribd.com/InspectorRikati

Parliament should have been covering this and as a Minister (Premier) it was for the Queen to allocate such salary during the holding of any ministerial position to provide for any superannuation. 5
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4 Provisions relating to Governor-General
The provisions of this Constitution relating to theGovernor-General extend and apply to the GovernorGeneral for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth.
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The Governor-General has only representative powers of Her Majesty within the borders of the Commonwealth of Australia and not beyond it and if leaving the shores of the Commonwealth of Australia (so the Framers of the constitution made clear) would have to pay from his/her own pocket for a replacement while absent from the Commonwealth of Australia as one cannot pay twice to the Queen for the same position, as the constitution specifically denies this.
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but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth.
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Therefore not a single Member of Parliament can receive directly a “salary” from the Consolidated Revenue Funds and any Member of Parliament doing so must be deemed to engage in criminal conduct defrauding us the People as taxpayers and must be held legally accountable and all proceeds of monies and other profits obtained by this criminal conduct must be forfeited/confiscated as proceeds from crime, as like that is applied to any other criminal.
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(ii) taxation; but so as not to discriminate between States or parts of States;
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I view that any Member of Parliament should have the average weekly income as an “allowance” and must be taxable as an income to comply with the same taxation provisions, this as any Commonwealth taxation law must be ”uniform”. As with any taxation issue where a person receives a compensation such as in a court case to compensate for lost wages then this compensation for that part is taxable and as such the “allowance” of any Member of Parliament that is to compensate for the loss of ordinary earnings not being a salary also therefore must be taxable. After all Members of Parliament rorting the system and receiving huge amounts of monies cannot either understand the financial hardship they cause to endure upon ordinary taxpayers.
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Those who pursue to represent their respective constituency upon the basis of their constitutional rights must then also abide by the provisions and so also the embedded legal principals of the constitution! If they do not then We, the People, just have to address matters with a VELVET REVOLUTION as to hold them legally accountable for their wrongdoings.

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Awaiting your response,

G. H. Schorel-Hlavka (Gerrit)

24-8-2011 Page 2

Ref: 110824 ALLOWANCE -etc- VELVET REVOLUTION Part 7

PLEASE NOTE: Until our website Http://www.office-of-the-guardian.com has been set up to operate the website Http://www.schorel-hlavka.com will be the alternative website for contact details. help@office-of-the-guardian.com Free download of documents at blog http://www.scribd.com/InspectorRikati