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1
2
3 Attorney-General Mark Dreyfus 21-4-2023
4 Email via portal: https://ministers.ag.gov.au/hon-mark-dreyfus-qc-mp/contact
5
6 NOT RESTRICTED FOR PUBLICATION
7 Re REQUEST FOR DETAILS-INFORMATION
8 Sir,
9 hereby I request you to provide me with the details/information of the Solicitor-Generals’
10 consideration and advice referred to in:
11
12 https://www.abc.net.au/news/2023-04-21/voice-to-parliament-legally-sound-says-solicitor-
13 general/102250768
14 Voice to Parliament would be an 'enhancement' to constitution, according to solicitor-
15 general
16
17 As a constitutionalist I view to be one of the very few people in Australia to
18 understand/comprehend what the true meaning and application of the legal principles embedded
19 in the Commonwealth of Australia Constitution Act 1900 (UK) is about. Obviously to evaluate
20 the advice of the Solicitor-General it is important that also the details/information he relied upon
21 is provided to me via my email address admin@inspector-rikati.com.
22
23 I give you an example:
24
25 April 13-19, 2023 THE EPOCH TIMES
26 Liberals Take Principled Stance on the Voice, Is Australia Open to Listening?
27 ERIC ABETZ.
28
29 (Eric Abetz was a federal Liberal Party senator from 1994-2002. He has held several cabinet
30 positions and has served on parliamentarian committees examining Electoral Matters, Native
31 Title, Legal and Constitutional Affairs, as well as Foreign Affairs, Defence and Trade).
32
33 That is a mouth full of references.
34
35 While I may agree on most what Eric Abetz claimed in the article the problem is the following
36 part:
37 QUOTE
38 In 1967, Australia effectively dealt with those issues through a groundbreaking referendum
39 endorsed by over 90 percent of the population, which saw race removed from the
40 Australian Constitution.
41 END QUOTE
42
43 This is a total misrepresentation of what the 1967 ss51(xxvi) con-job referendum was about.
44
45 As I understand it the constitution was proposed to be amended from:
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1
2 QUOTE
3 (xxvi) the people of any race, other than the aboriginal race in any
4 State, for whom it is deemed necessary to make special laws;
5 END QUOTE
6
7 To
8 QUOTE
9 (xxvi) the people of any race, other than the aboriginal race in any
10 State, for whom it is deemed necessary to make special laws;
11 END QUOTE
12
13 The Framers of the Constitution desired to ensure that Aboriginals (Australians of Aboriginal
14 descent and not any Aboriginal from wherever in the world) would be and remain equal to other
15 Australians.
16
17 Ss51(xxvi) was from federation intended to discriminate against “inferior” “alien”, “coloured”
18 races albeit also ‘Subjects of the British Crown’ such as from India, etc.
19
20 This was so the Commonwealth could protect Australian workers from having their work
21 security undermined, where this was then eventuating already and certain Colonies/province
22 already had legislation on the book in that regard.
23
24 As such the transfer of powers from the Colonies/province (later referred to as States) was to
25 protect Australian jobs! It was therefore to “discriminate” against “inferior” “coloured” “aliens”
26 races to restrict them in employment abilities where it would undermine Australians work
27 ability.
28
29 Hansard 27-1-1898 Constitution Convention Debates
30 QUOTE
31 Mr. BARTON (New South Wales).-I think the original intention of this sub-section was
32 to deal with the affairs of such persons of other races-what are generally called inferior
33 races, though I do not know with how much warrant sometimes-who may be in the
34 Commonwealth at the time it is brought into existence, or who may under the laws of the
35 Commonwealth regulating aliens come into it. We have made the dealing with aliens,
36 which includes a certain degree of coloured immigration, a power of the Commonwealth,
37 and we have made the dealing with immigration a power of the Commonwealth, so that all
38 those of the races who come into the community after the establishment of the
39 Commonwealth will not only enter subject to laws made in respect to their immigration,
40 but will remain subject to any laws which the Commonwealth may specially devise for
41 them. There is no reason why the Commonwealth should not have power to devise such
42 laws.
43 Sir GEORGE TURNER.-An exclusive power?
44 Mr. BARTON.-It ought to have an exclusive power to devise such laws.
45 Sir GEORGE TURNER.-If it does not exercise it can the state exercise it?
46 Mr. BARTON.-Once the Commonwealth legislates with reference to the question of
47 aliens and immigration, its legislation displaces the state law.
48 END QUOTE
49
50 The above quotation is merely one of many statements regarding ss51(xxvi).
51

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1 As I understand it Australians of Aboriginal descent within Commonwealth provisions were not

2 discriminated again (Section 127 had a tax purpose and often is misunderstood) and for
3 constitutional purposes Australians of Aboriginal descent were equal to other Australians who
4 were not of Aboriginal descent.
5
6 Re Section 127:
7
8 Hansard 20-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
9 Australasian Convention)
10 QUOTE
11 Clause 120-In reckoning the numbers of the people of a State or other part of the
12 Commonwealth aboriginal natives shall not be counted.
13 Dr. COCKBURN: As a general principle I think this is quite right. But in this
14 colony, and I suppose in some of the other colonies, there are a number of natives who
15 are on the rolls, and they ought not to be debarred from voting.
16 Mr. DEAKIN: This only determines the number of your representatives, and the
17 aboriginal population is too small to affect that in the least degree.
18 Mr. BARTON: It is only for the purpose of determining the quota.
19 Dr. COCKBURN: Is that perfectly clear? Even then, as a matter of principle, they
20 ought not to be deducted.
21 Mr. O'CONNOR: The amendment you have carried already preserves their votes.
22 Dr. COCKBURN: I think these natives ought to be preserved as component parts in
23 reckoning up the people. I can point out one place where 100 or 200 of these aboriginals
24 vote.
25 Mr. DEAKIN: Well, it will take 26,000 to affect one vote.
26 Mr. WALKER: I would point out to Dr. Cockburn that one point in connection with this
27 matter is, that when we come to divide the expenses of the Federal Government per capita,
28 if he leaves out these aboriginals South Australia will have so much the less to pay,
29 whilst if they are counted South Australia will have so much the more to pay.
30 Clause, as read, agreed to.
31 END QUOTE
32
33 The reference “The amendment you have carried already preserves their votes. ” refers to
34 Section 41!
35
36 The 1967 Ss51(xxvi) as I understand it was to provide Australians of Aboriginal descent
37 “equality” to other Australians not of Aboriginal descent! However what “equality” when they
38 already had equality.
39
40 What I view could have been done in 1967 is simply to have held the referendum to remove the
41 content of Section 25 that a State could discriminate against a race
42
43 Commonwealth of Australia Constitution Act 1900 (UK)
44 QUOTE
45 25 Provision as to races disqualified from voting
46 For the purposes of the last section, if by the law of any State all
47 persons of any race are disqualified from voting at elections for the
48 more numerous House of the Parliament of the State, then, in
49 reckoning the number of the people of the State or of the
50 Commonwealth, persons of that race resident in that State shall not
51 be counted.
52 END QUOTE

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2 Do consider Section 25 to state
3
4 QUOTE
5 if by the law of any State all persons of any race are disqualified from voting at elections
6 END QUOTE
7
8 What however some States appear to have done is to base the right to qualify for franchise (to
9 vote) up[on property holdings, etc, and as such not deemed to be within the provisions of Section
10 25 as such.
11
12 Then also consider:
13
14 Commonwealth of Australia Constitution Act 1900 (UK)
15 QUOTE
16 41 Right of electors of States
17 No adult person who has or acquires a right to vote at elections for
18 the more numerous House of the Parliament of a State shall, while
19 the right continues, be prevented by any law of the Commonwealth
20 from voting at elections for either House of the Parliament of the
21 Commonwealth.
22 END QUOTE
23
24 In my view a referendum should be held to include the following:
25
26 Commonwealth of Australia Constitution Act 1900 (UK)
27 QUOTE
28 41A Non-compulsory right to vote.
29 The right to vote shall not be compulsory and no State/Territory/Commonwealth hall be
30 permitted to coerce and/or force an elector to vote.
31 END QUOTE
32
33 In AEC v Schorel-Hlavka Mr G. H. Schorel-Hlavka representing himself succeeded in both
34 appeals on 19 July 2006 (County Court of Victoria, Case numbers T01567737 & Q10897630) in
35 which he had opposed compulsory voting without the Commonwealth or any of the 9 Attorney-
36 Generals who were served with a NOTICE OF CONSTITUTIONAL MATTERS challenging
37 the 409 pages submissions filed by him and served upon each of the Attorney-Generals!
38
39 What eventuated was that some States allowed certain persons (Australians of Aboriginal
40 Descent) to vote whereas others not. This I view was a violation of Section 25!
41
42 As the referendum of 1967 Re Ss51(xxvi) was not as to amend the constitution in regard of
43 “inferior” “alien” “coloured” races but only to include Australians of Aboriginal descent within
44 the powers of Commonwealth legislation and so to remove them from State legislative powers,
45 once the Commonwealth commenced to legislate, this means that Australians of Aboriginal
46 Descent in fact were since 1967 Ss51(xxvi) referendum became equal to “inferior” “alien”
47 “coloured” races to be “DISCRIMINATED” against.
48
49 You cannot have a constitutional or for that any legislation that can have opposing meanings.
50 This is why I understand the very 1967 Ss51(xxvi) amendment was called off during the 1950 on
51 advice that this section was having too much baggage.
52
53 If therefore Eric Abetz despite his positions held over decades
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1
2 (Eric Abetz was a federal Liberal Party senator from 1994-2002. He has held several cabinet
3 positions and has served on parliamentarian committees examining Electoral Matters, Native
4 Title, Legal and Constitutional Affairs, as well as Foreign Affairs, Defence and Trade).
5
6 Still never understood that “race” was not abandoned from the constitution but rather enforced
7 against Australians of Aboriginal descent, then I doubt the Solicitor-General may have
8 understood what the true meaning and application of the legal principles embedded in the
9 Commonwealth of Australia Constitution Act 1900 (UK) was/is. Indeed how many other
10 Members of parliament ever understood this issue?
11
12 If “race” is an issue then all that is needed is to hold a referendum to remove the wording in
13 Section 25 of the constitution and replace it as follows:
14
15 A state/territory may not permit a person to vote in State elections where the person is not
16 a permanent resident within the State, however, any person who for Commonwealth, State,
17 Territory purposes is temporary residing outside the State/Territory and/or Commonwealth
18 for government purposes, such as the military/diplomatic corps will retain their rights of
19 franchise (to vote) while continuing to represent State/Territory/Commonwealth functions
20 abroad.
21
22 And then also amend Ss51(xxvi) to the following:
23
24 Proposed amendment Ss51(xxvi):
25
26 Neither the Commonwealth, a State and/or Territory shall be entitled to legislate as to a
27 specific race within the meaning of a “coloured” race but the Commonwealth for
28 immigration purposes may legislate as to any alien race while such persons are seeking to
29 be admitted and/or are already within the Commonwealth of Australia.
30
31 There is a lot more to it all but safe to say that the proposed Voice is not going to alter one of iota
32 for Australians of Aboriginal descent. There is no definition existing as to what is an
33 “Aboriginal” and how to determine a person is an “Aboriginal”, and neither is there any legal
34 definition what is a “First Nation” regarding Australians of Aboriginal descent, and if this does
35 or does not include Australians of mixed race background, etc. Hence, any proposed amendment
36 is sheer and utter nonsense when the legal principles have not been established. Let alone other
37 issues of concern. Also, I understand that originally giants lived all over the world (skeletons are
38 discovered) where allegedly they existed due to double CO2 and less air pressure in the
39 atmosphere, etc. As such, who first lived in Australia (formally New Holland) is still to be
40 ascertained! Neither if MABO actually include Dutch property rights over Crown land as there
41 was no TERRA NULLIUS, etc, which may have extinguished ‘Native Title”?
42
43 We need to return to the organics and legal principles embed in of our federal
44 constitution!
45
46 This correspondence is not intended and neither must be perceived to state all issues/details.
47 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

48 MAY JUSTICE ALWAYS PREVAIL®

49 (Our name is our motto!)

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