[63 & 64 Vic.] Commonwealth of Australia [CH 12.]

Constitution Act.

 

Coat of arms here Draft April 1997

CHAPTER 12.

 

An Act to constitute the Commonwealth of Australia

[9th July 1900]

As amended / / 2000

The Constitution

This Constitution is divided as follows:-

Preamble:

Chapter I---- The foundation of the Australian Commonwealth:
Part I The foundation:
Part II.--- The Australian Crown Council:
Part III.--- Powers of The Australian Crown Council:
Chapter II.--- The Parliament:
Part I.--- General:
Part II.---The Senate:
Part III.---The House of Representatives:
Part IV.---Both Houses of Parliament:
Part V.---Powers of the Parliament:
Chapter III.—The Executive Government:
Chapter VI.—The Judicature:
Chapter V.—Finance and Trade:
Chapter VI.---The States:
Chapter VI.—New States:
Chapter VI.—Miscellaneous:
Chapter XI.—Alteration of the Constitution:
The Schedule:
The Second Schedule:
The Third Schedule:
The Fourth Schedule:

 

THE CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA

 

PREAMBLE

 WHEREAS in the past our nation has been largely a self-governing colony of the British Empire, we hereby declare that the people of the sovereign Australian States are a sovereign people, and that Australia is an independent sovereign nation of sovereign States. For ourselves and future generations of Australian citizens, we do ordain and establish this amended constitution, which shall command The Australian Crown Council, the Federal Parliament, and all the Courts and the people of every State and every part of the Commonwealth of Australia..

 WE THE PEOPLE citizens of the States and Territories of Australia, humbly relying on the blessing of almighty God are inspired to establish under God’s Christian laws a nation where truth and justice prevail in all areas of Australian society, and we hereby amend the Constitution of the Commonwealth of Australia to provide and ensure domestic health, wealth and happiness and a fair go for all Australians, and for the common defence of Australia and all its citizens, and to secure for all time the preservation of our inalienable rights and natural law; hereby agree to continue as a united indissoluble Federal Commonwealth and to retain the framework of our established system of government as here amended, based on our experience, thus retaining the good and rejecting all those things that have not worked so to ensure the well being of all Australians.

 WE hold to the belief that all men are created equal, that our creator endows us with certain inalienable rights, these include a right to life, liberty, self-defence and property and the pursuit of happiness. In order that we may secure our rights, we have agreed to amend the constitution governing the Federal Parliament and government and to install an Australian Crown Council which shall provide political and economic stability, whereby all our citizens shall have the opportunity to achieve their greatest potential, by establishing our financial sovereignty, and by providing essential and adequate protection for our farming and industry and the work force, while promoting mutually beneficial trade with foreign nations.

CHAPTER I.

THE FOUNDATION OF THE AUSTRALIAN COMMONWEALTH

PART I.

THE FOUNDATION

 1. This constitution as hereby amended is The Constitution of the Commonwealth of Australia, established at the request of the people of continental Australia and by an act of the British Parliament on the 9th July 1900, all relying on the blessing of almighty God. It was and remains the will of the Australian people that this constitution subject to amendment would endure forever the establishing law of the Australian Commonwealth.

2. This Australian constitution relies on the blessing of almighty God the base of English common law, and the principles contained therein.

3. The following list of common law Charters and enactments bind forever the Parliaments of Australia and the entire Australian governmental system, and the here established Australian Crown Council and all Australian courts:

The Great Charter. King John 1215:

The Great Charter. King Henry III. 1225:

3 Edward I. Statute of Westminster 1275:

25 Edward I, ( Magna Carta) c. XXIX. 1297:

25 Edward III. St. V.c. IV. 1351-52:

28 Edward III. c. III. 1354:

42 Edward III c. 3. 1368

5 Richard II St. 1 c. 7 1381-2

42 Edward III. c. III. 1368

7 Henry IV. c. III. 1405-6

21 and 22 James I. c. III. ss. 1, 6 (Statute of Monopolies) 1623-4

3 Charles I (Petition of Right) c.I 1627:

16 Charles I c. 1 (Habeas Corpus). 1640

31 Charles II c. 1 (Habeas Corpus) 1679:

I William and Mary Sess. II. ( Bill of Rights ) 1688:

The Coronation Oath Act. 1689:

12 and 13 William III c. 2 The Act of Settlement. 1770:

56 George III c. 100 (Habeas Corpus act) 1816

The Australian Courts Act. 1828:

The Prisoners Council Bill ( xxxx ):

The Australian Constitutions Act. 1850 [14]:

The Colonial Laws Validity Act. 1865 [2]:

The Australian Constitutions Act 1892 [29]

 4. Any and all Australian laws that are contrary to this constitution and or the list of common law at section 3. shall now be to no effect whatsoever to the extent that they are contrary and shall be branded repugnant law.

(a) All repugnant Australian laws to the extent that they are repugnant shall be forthwith null and void and repealed, Australian courts and all tribunals whatsoever shall give no weight whatsoever to precedents flowing from repugnant law irrespective of the source:

(b) All Australian laws shall be in plain English language written so as to be readily understood by the average Australian citizen:

(c) Existing Australian laws found to be difficult for the average Australian citizen to comprehend shall be rewritten to enable ready understanding by the average Australian citizen.

(d) A citizen shall have the right to prosecute or defend any matter before any court or tribunal in person or through another person whether or not the other person is legally trained, including all matters before any court or tribunal where private corporations are involved and there is agreement by the owners of the corporation that a legally untrained person shall appear on their behalf. All presiding officers of the courts or tribunals shall assist the untrained person and prevent the untrained person from falling into a legal trap and shall apply the common law and all the authorities that support the untrained person’s case.

(e) Citizens wishing to lodge a grievance or draw attention to an area of law that causes them some concern may do so in writing addressed to the Governor General or a State Governor in the case of State laws. All grievances or concerns so lodged shall be promptly dealt with and tested for compliance with this constitution without cost to the citizen. Where a law or a section of an Australian law fails to meet the requirements of this Constitution, then the Governor General or a State Governor shall bring the responsible parliament’s attention to the failure, the parliament shall then act to eliminate the failure to meet the requirements of the Constitution by the particular law. In all cases it shall be the duty of the Governors and the Governor General to inform the Australian Crown Council of a grievance brought to their attention by a citizen.

(f) Where Court or other tribunal proceedings are started by a person or entity, or government, or department of government having considerably more financial power than the defendant(s) named in the proceedings, and the defendant(s) be Australian citizen(s) or other exclusively Australian entity(s), the person or entity starting the proceedings shall meet all essential case related week to week costs of the defendant(s) within fourteen days of being notified of the defendant(s) costs. Should the defendant(s) lose the action, all costs so met shall be added to the judgement against the defendant(s) where the defendant(s) are found to be bankrupt and without funds the cost shall be promptly met by the Parliament.

(g) Where a citizen has been found guilty of an offence, where the maximum penalty is less than two years the conviction shall cease to be recorded on the seventh anniversary of the end of the maximum term provided for the offence, provided that no additional charges against the citizen are pending or proven since the occasion of the conviction.

 (h) No Australian government shall appoint officers to enforce or police the laws of the land who are without a minimum of five years practical experience in the field of their appointment, or persons trained in Australian police procedures and officers of the Australian Crown Council. On the spot or other penalties shall not be imposed on an offending item in the absence of the offending item, nor on a citizen in his absence. All penalties shall be set to reflect the seriousness of a breach.

(i) No Australian law other than singularly revenue laws shall be used to raise revenue.

(j) Australian Parliaments shall not make laws to advantage any one citizen or any group of citizens in any way whatsoever over other Australian citizens:

(k)Australia shall be governed as one independent nation, the Parliaments shall do naught to divide the nation, all things existing within the control of the parliament that go to divide the nation shall be undone.

 (l)Parliament shall not delegate the making of, or variation to laws, or the setting of regulations subject to laws made by the parliament.

 5 The Australian system of a three tier elected, Local, State and Federal government under an elected Australian Crown Council shall continue in perpetuity subject to this constitution

(a) It shall be an act of sedition punishable under the Commonwealth

crimes act 1914 for an Australian non-citizen or an Australian

government, or a member of an Australian government, or an officer

of, or under The Australian Crown Council, or an official of a political

party to advocate, promote or use public money towards the

downfall or removal of the institution of the chosen Australian Crown Council

or any one or more of the three tiers of elected government:

(b) section 5.(a) shall not apply to Australian born citizens not

officers of or under The Australian Crown Council.

(c) section 5.(a) shall not be interpreted to exclude in any way debate on the efficiency or the conduct of any Australian government.

(d) The Australian system of government and this constitution shall be taught in all Australian schools as a compulsory subject of the school curriculum between and including school year five to ten.

 6. No citizen or Australian entity shall be denied by law or otherwise the right to appeal a first instance or primary decision of any Court or tribunal whatsoever.

(a) No citizen or Australian entity shall be denied the right of appeal to a higher authority after exhausting all lower authority rights of appeal. The penultimate authority being the Parliament, the final authority The Australian Crown Council.

(b) All Australian courts and tribunals whatsoever shall publish their reasons for decisions in all matters decided by them including the refusal of the leave of the court or tribunal. Refusal of leave shall be subject to appeal.

7. The nations credit and its distribution is hereby placed and shall remain in perpetuity under the ultimate control of The Australian Crown Council. Rigidly regulated to the supply of labour and materials to maintain full opportunity for full employment, and shall be issued subject to laws made by Federal Parliament subject to this constitution. Full employment for the purpose of this Constitution and the benefit of all citizens shall be read to mean, The opportunity for each citizen that so chooses to participate in the production of the nations wealth and then to share in the distribution of the wealth so created on equal terms with all other citizens, relative to the hours, application and expertise brought to the employment. Full does not mean a forty hour week, it means a share in the work available and reward for effort, and that the reward shall for the recognised standard working week produce sufficient income on which to live a comfortable life in accordance with the average standards of living at the time. Full employment may mean ten hours or forty hours each week, or each month, providing that all citizens share the work and the reward and that the share for the period employed meets the average comfortable living standard, and that the employer at all times has the right to hire and fire on a non performance basis.

(a) subject to this section the nation’s credit shall be made available to only Australian citizens and Local, State and Federal Government at their individual request subject to this Constitution:

(2) for defence purposes within Australia in times of peace:

(3) for defence purposes offshore when Australia is under threat:

(4) for construction within the Australian Commonwealth:

(5) citizens in a position to repay, for construction within Australia:

(6) for the economic secure storage of production:

(7) for production to meet evidenced long term Australian demand or to support fledgling Australian industry:

8. Australian governments shall not borrow money or credit from outside of Australia, nor shall it borrow from outside of the Australian nation’s own national credit base.

9. The total value of imports shall be controlled by the Parliament using an export import transactionable credit certificate system limiting the value of imports so as to not exceed the value of exports in the life of any one Parliament.

10. The outright ownership of Australian land or water shall be limited to Australian citizens subject to section 93. (i.) From the date of acceptance of this Constitution by the people, all Australian land that is sold shall only be purchased by Australian citizens no alien shall be forced other than as set out in this Constitution to reduce the aliens land holding to comply with this section.

(a) approved persons not being Australian citizens may lease

Australian land or water for periods of up to forty-nine years.

(b) non-resident Australian citizens shall forego the right to purchase land when their residency is less than one full continuous

year in any ten year period or a citizen takes a second citizenship, a

citizen taking dual citizenship becomes subjected to section 93. (i.)

and shall cease to meet the requirements to own land and that of

section 7 (a) (1).

11. All assets of an foreign person or entity in excess of those introduced into Australia, shall be subject to on and before leaving Australia the said excess assets after allowing for depreciation, inflation/deflation adjustment of that alien, or foreign entity, shall be subject to a minimum export duty of twenty percent, to be paid in full prior to any such asset leaving Australia.

11A. Foreign persons and foreign owned entities without exception shall be subject to all Australian taxation laws not less than equally with Australian citizens or entities.

12. The Australian flag as originally adopted shall remain the only Australian flag in perpetuity, The Australian flag shall be flown each operating day at all schools and at all offices under The Australian Crown Council. Australian school children of all ages shall be taught the history of the flag and the importance of, and to accord respect for the flag.

13. The Federal Parliament and government shall not in any way duplicate the offices or the functions or services of the States.

(a) the Federal government shall not do anything not clearly

allocated to the Federal Parliament in this constitution.

14. Subject to section 15. of this constitution citizens shall be entitled to initiate referenda putting forward proposals for:

  1. (a) new laws:

(b) the repeal of existing laws:

  1. the dismissal of any officer of or under The Australian Crown Council.
  2. to amend this Constitution.

15. Australian citizens on the obtaining of signatures in excess of four percent of the electors of the Commonwealth on a petition that sets out clearly and unambiguously and in a non deceptive way one single issue, clearly stating that the signatories thereto wish to have the electors of the Commonwealth decide an issue subject to section 14, then presenting the petition on the Parliament, the petition shall then be binding on the Parliament, and the Parliament shall hold a referendum on the subject of the petition, subject to this section at (a)(2), (b)(3) and (c)(2): A referendum of the electors of the Commonwealth shall be held:

(a) on the petition for the introduction of a proposed law the

Parliament shall,

(1) at the next general election date or later if the election

is to be held within six months of the date of the

presenting of the petition:

(2) the Parliament may within three months pass the

proposed law negating the requirement to hold a

referendum.

(b) on a petition to repeal an existing law,

(1) forthwith cause all action under the particular law

under challenge by the petition be suspended pending

the outcome of the referendum,

(2) set the date for the referendum:

(3) the Parliament may negate holding a referendum by

promptly repealing the law that is under challenge:

(4) laws repealed under this section shall entitle a citizen

to have a no conviction recorded status in relation to

the particular law so repealed.

(c) on a petition to recall an officer of The Australian Crown Council,

(1) the Parliament shall hold a referendum not earlier than

three months or later than six months from the day the

petition is presented to the Parliament:

(2) the Parliament may chose to recall the subject of

the petition within one month of the presentation of the

petition negating the requirement to hold a referendum:

(d) in all three instances set out in section 14. at (a), (b) and (c)

after the presentation of a petition, the petitioners or their

nominees shall be funded by the Parliament to prepare the case

supporting the petition. The Parliament shall fund the

opposing argument in not more than equal amount. A person

recalled under this section shall lose all entitlements of the position

(e) the Parliament shall arrange for and fund on equal terms the

printing and distribution to all electors the case for and against

the referendum question:

(f) in all three sections 14.(a) (b) (c) The Australian Crown Council and

the Parliament are bound by the result of a referendum. When a

referendum is negated under section 14., the Parliament is

bound by the Parliament’s decision, and the Parliament shall

not move in any way to make either result count for naught.

15 A. The reference to good Government in this constitution shall mean, but not be limited to, the framework and maintenance of a society that fosters and practices the right to independent personal and economic freedom, free from government or other unwarranted interference or prying, and shall include the freedom to responsibly use within the law all public places without fear from any sector, and the freedom to have and enjoy one’s property without unwarranted or unlawful intrusion by any person whatsoever, together with government’s proper accommodation and balance of the fact that, law is to protect people's freedom, not remove people’s freedom, therefore laws shall be limited in quantity to obtain good for the people government. Good Government shall include the protection of all our resources and our production capabilities from cartels and other predatory practices and alien demands, and shall foster Australian self sufficiency and its infant industries.

PART II.

THE AUSTRALIAN CROWN COUNCIL.

16. The institution of The Australian Crown Council is hereby established and shall consist of a body of twenty five not less than third generation Australian born citizens of Australia, chosen by the citizen electors of Australia, those chosen shall be called Crown Council representative and The Australian Crown Council shall be called The Australian Crown Council or The Crown Council.

17. The Australian Crown Council shall replace the Monarchy and the British Crown Council in all aspects whatsoever of Australian life and property.

18. The twenty five Australian Crown Council elected positions shall be allocated by dividing Australia using population numbers, equally to allocate representation, providing that no State has less than two or more than five Australian Crown Council representatives and that Territories with individual or combined populations exceeding one million shall have one Australian Crown Council representative.

18A After dividing the population and determining the number of Crown Council positions in each State or Territory the State or Territory shall be divided into as many sections as there are Crown Council positions on a population basis, the divisions shall be called Areas and shall vary in line with population movements, Crown Council areas to be determined on a twelve year cycle.

19. The crimes act(s) and all existing Australian acts of all the Parliaments of the Commonwealth and the States and Territories are to be subsequently amended to replace the words Monarch, sovereign, Queen, Crown Council or any words to the same effect with the words The Australian Crown Council.

20. Any and all alleged acts by any person of sedition or treachery or treason against the Australian sovereign people, or and The Australian Crown Council or and this constitution shall be dealt with under and with the full force of the Commonwealth crimes act 1914 at the reasonable discretion of a citizen or The Australian Crown Council.

21. There shall be payable to The Australian Crown Council out of the Consolidated Revenue fund of the Commonwealth, for the salary of The Australian Crown Council representatives and the Governor General, and all Australian Crown Council employees an annual sum which shall be adequate to meet the legitimate expense of the proper operation of the institution of The Australian Crown Council.

22. The salary and conditions of the chosen Australian Crown Council representatives and Governor-General shall not be altered down during their continuance in office, and should be twenty five percent above that of any office under The Australian Crown Council, and subject to all the employment conditions of a Chief Justice of the High Court.

23. The provisions of this Constitution relating to the Governor General extend to The Australian Crown Council. The Australian Crown Council representatives and Australian Crown Council appointees, including the Governor General, shall not be entitled to receive any salary from the Commonwealth, or a State of the Commonwealth, or a Territory of the Commonwealth in respect of any other office during the administration of the Government of the Commonwealth.

24. Nominations of candidates for election to the position of Australian Crown Council Representative shall have obtained the age of Forty five years, and be certified by one hundred citizens of mainly dissimilar occupational backgrounds, who shall on statutory declaration swear to have knowledge of the candidate’s qualifications having examined the candidate in regard to compliance with and understanding of this constitution and the statute foundation of English / Australian common law:

(a). Chosen Australian Crown Council representatives shall be no less than third generation Australian born citizens that have resided within the Area for which the nomination pertains for not less than ten years and shall have not previously held a political or senior position in a department office or the position of a judge or senior police either in a Federal office or under the Crown Council except that of Crown Council representative, and otherwise subject to this constitution.

25. Australian Crown Council representatives shall be chosen by non compulsory secret ballot of the citizens of the respective Crown Council Areas of each State or Territory

(a) the States shall be divided on a population basis into areas

corresponding in number with the number of positions constitutionally

allocated to each State. The area shall be known as a "Crown Council Area":

(b) the number of Australian Crown Council representatives elected from each

State shall vary with population changes, as also the areas within the

States may also vary in accordance with population movements:

(c) Australian Crown Council representatives shall be elected to serve for a

maximum term of twelve years:

(d) eight Australian Crown Council representative positions shall become vacant

each four years except that on each third occasion nine positions shall

become vacant:

(e) elections shall be totally non-political party processes held mid term

Federal elections on a four year cycle, and not within one year of a

State or local council election:

(f) eight Australian Crown Council positions shall become vacant at each of the

first two four year terms, the vacancy positions to be decided by a

secret ballot of The Australian Crown Council representatives, conducted

between twelve and six months before the next future election day.

The Governor General will announce the result of each ballot

immediately the ballot is completed.

(g) All Australian Crown Council representatives with the exception of the

Governor General will participate in the first term ballot in preparation

for the first end of term election, in preparation for the second term election only the seventeen Australian Crown Council representatives whose position was not declared vacant at the first term ballot excluding the Governor General will participate in the second term ballot, the third term ballot shall consist of all The Australian Crown Council representatives positions not previously declared vacant, ballots will be held in individual States

(h) Australian Crown Council representatives who lose their place as a result of

an Australian Crown Council term ballot are not prevented from standing for re-

election for a term that shall not if completed exceed the maximum term:

(i) The Australian Crown Council representatives shall not choose a Governor

General from the positions that will become vacant during the impending

six year term of the Governor Generals position:

(J) Australia Crown Council elections shall be held within a period of three weeks, three months before The Australian Crown Council positions become vacant. Successful candidates taking their positions on the first day of the term:

26. An Australian Crown Council representative may, by writing addressed to the Governor General, resign the position, which thereupon shall become vacant and the vacancy will be referred to as a Crown Council casual vacancy.

27. The position of an Australian Crown Council representative shall become vacant if for two consecutive months an Australian Crown Council representative, without the permission of The Australian Crown Council fails to attend to duties.

28. Providing that the office of the Australian Crown Council has not less than twenty sitting representatives: A casual vacancy in the position of an Australian Crown Council representative shall not be filled if it becomes vacant within fifteen calendar months of a general Australian Crown Council election, the vacancy occurring within fifteen months of a general Australian Crown Council election will be filled at the next Australian Crown Council election for a term equal to the remaining term of the position filled, and then come up for re-election. Should the Australian Crown Council be exposed to having less than twenty sitting representatives section 29 to 31 shall be implemented to fill any actual vacancy(s) reducing The Australian Crown Council to Less than Twenty:

29. A casual vacancy occurring in any one or more of the Crown Council's twenty five positions for what ever reason subject to section 28. will be filled by the candidate(s) who received the highest number of first preference votes, while not being elected, at the most recent Australian Crown Council election, held in the Crown Council Area of the State represented by the person who vacated, providing the total first preference votes received were not less than twenty percent of the total formal votes cast. An Australian Crown Council representative chosen under this section will hold The Australian Crown Council position as the duly elected Australian Crown Council representative.

30. Should a candidate fitting the criteria set out in section 29. not be found, then the Candidate who received the highest number of first preference votes in the most recent Australian Crown Council election held in any section of the State represented by the person who vacated, will be chosen to fill the casual vacancy, providing the total number of first preference votes received were not less than twenty percent of the total formal votes cast at the election. In this circumstance the person chosen will be eligible to hold The Australian Crown Council representative position until the next scheduled term Australian Crown Council election.

31. Should a candidate fitting the criteria set down in section 30. not be found, then the candidate who received the most votes after preferences are counted in the most recent Australian Crown Council Election across the State involved shall take the position. If that candidate is not available then the next in line using the same procedure shall be applied until the position is filled:

PART II

POWERS OF THE AUSTRALIAN CROWN COUNCIL.

32. The Australian Crown Council is hereby bound to uphold the common law as set out in section 3. and to uphold and enforce without fear or favour this Constitution.

33. The responsibilities of The Australian Crown Council shall include the control of all Australian Crown Council departments of Government including all the courts, all the armed services and all the police, and the upholding and enforcing of this Constitution, and the giving or withholding of Australian Crown Council assent through the Governor General or the Governor (s) to all Federal and State legislation, and the final approval and appointment of State Governors.

34. The Australian Crown Council as here established shall have all the governmental powers of the retiring constitutional Monarch and the British Crown Council.

35. The Australian Crown Council replaces the position of the Monarch and the British Crown Council in the Australian governmental system, however The Australian Crown Council does not become the Sovereign it becomes The Australian Crown Council representative of a Sovereign Australian people.

36. The Australian Crown Council is the recipient of all the rights, benefits, responsibilities and duties and all the possessions of the British Crown Council within the Commonwealth of Australia as settled in the act of the English Parliament designated, The Severance Act 2000, and The Australian Crown Council shall hold in perpetuity and subject to this constitution all such obligations, rights and property on behalf of the sovereign citizens of Australia

37. The Australian Crown Council shall inherit jurisdiction over all Crown Council functions including but not limited to, all the Courts of the Commonwealth and the States, all the armed forces and the police forces. At the Australian Crown Council’s pleasure and within twelve months of the first Australian Crown Council representatives being chosen all functions of all Australian governments traditionally and legally functions of the Monarch or/and the British Crown Council shall be handed over to The Australian Crown Council. All shall remain subject to this constitution until and after the time of final hand over, all functions including those mentioned here shall function as they did during the fifth year prior to the Constitutional amendments contained herein became the law.

38. The Australian Crown Council shall give or refuse Crown Council assent, to all legislation passing through the houses of the Parliaments of Australia subject to this constitution, assent shall be given or withheld on Constitutional and the constitutionally Stated Common Law grounds. Assent decisions of The Australian Crown Council are not subject to appeal. Assent decisions shall be subject to section 14. The Australian Crown Council shall publish its reasons for refusal of accent.

39. The Australian Crown Council shall have the right to review all court decisions whatsoever and to uphold or otherwise any decision subject to this constitution, Stated Common Law and natural Justice, and shall publish its reasons.

40. The Australian Crown Council shall ensure that the Parliament put to referendum all matters constitutionally required by the people to go to referendum. All referendum results with the exception of,

(a) the winding down of the preparedness for self or national defence

(b) changes to section 7. shall be binding on the Parliament.

41. The Australian Crown Council shall oversee and ensure that all referendum questions receive fair and equal non-deceptive argument and comment, from all involved areas of government, and the popular and public media, and that the referendum questions are put to electors in unambiguous non-deceptive easy to understand terms. Any blatant breach of this section shall be judged seditious intent and dealt with according to law under the crimes act 1914.

42. The Australian Crown Council shall postpone a referendum when in its opinion the issue has been misrepresented and that the misrepresentation may influence the outcome of the referendum.

43. The Australian Crown Council shall appoint a Governor General from its number on the secret ballot of its number under scrutiny of the Australian people and through a nationally televised ballot, Governor Generals will be appointed for a maximum period of six years. Where the words, in council occur in this constitution the word council shall mean The Australian Crown Council and members of Parliament or citizens chosen by The Australian Crown Council

44. The Australian Crown Council shall appoint all Judges to the High Court and The Australian Crown Council shall approve the appointment of judges to all Federal and State Courts.

45. The Australian Crown Council shall hear appeals from the High Court.

46. The Australian Council, subject to the will of the sovereign Australian people, shall be the ultimate authority on this Constitution.

47. The Australian Crown Council through the Governor General shall give assent or withhold assent to all legislation passed by the Federal, State and Territory Parliaments subject to this constitution.

48. Legislation shall not become law without first receiving the assent of The Australian Crown Council. The Australian Crown Council shall not give assent to retrospective legislation.

48A. The Australian Crown Council shall inform the Parliament of the need for any legislation required to implement or enforce this Constitution and the Parliament shall, with time the essence, enact legislation subject to due deliberation and the assent of The Australian Crown Council.

49. The Australian Crown Council shall have the power to cancel or veto any existing or fresh external treaty or arrangements and agreements of any type. All actions under the external treaties power of this constitution shall follow the same path through the houses of Parliament as does legislation and be subject to the granting of Australian Crown Council assent.

50. The Australian Crown Council shall ensure that the popular media, that is all television, radio, newspapers and magazines and journals produced for general consumption shall give true and unbiased coverage to all aspects of information on national, State and community affairs, and the activities at all levels of government. Bias can include failure to give coverage to matters of public and/or national interest and importance. The Australian Crown Council shall consider all citizens’ written complaints of media bias, or misleading information in regard to political and national issues, and act to eliminate media bias. The Crown Council shall convey to the Parliament any request The Crown Council may have to implement legislation including penal clauses required to protect the public and the national interest from media bias. The Parliament shall without undue delay pass legislation required to deal with the situation in the people’s best interest.

1. And that the popular media shall allocate equal time as set out in this constitution to all candidates standing for election to government positions,

(a) all Television and radio broadcasters shall allocate equal time to each candidate in any election to be held within the broadcaster’s official receiving area.

(b) equal time shall be allocated weekly on each occasion of one day of each week at approximately 12 midday and 10 PM starting one week after the official announcement of the polling day and shall continue until the start of the week preceding the polling day. During the last week prior to polling day the allocation of time shall be on a daily basis and shall cease after the 10 PM broadcast on the day before polling day. The electronic media shall allocate broadcast times so as not to compete in the same time slots and provide the best possible coverage.

(c) all publishers shall allocate equal space in all publications published a minimum of once each week to all candidates standing for election to a position in an electorate located within the recognised area of the publications general circulation, equal space shall be not less than a photo and five hundred words approved by the individual candidate about whom the words relate:

(d) Publications other than weekly publications that are made available to the public within two weeks of a polling day are bound by this section, except publications that are national publications other than daily ( five day each week publications) such national publications shall be bound by equal space but not by compulsory allocation of space:

(e) Equal time allocated under this section shall apply to all popular media whether or not by subscription or otherwise. Sponsors of the space allocated may not sponsor individual candidates, but may sponsor the allocated space without reducing the space subject to this section.

(f) This section in no way should be read to limit the freedom of the press, or other media to carry unbiased news or articles of truth about any candidate, or limit any action whatsoever relative to what is published.

(g) the Parliament shall determine the penalty for non compliance with the media controls set down in this constitution, penalties so determined shall not be less than the penalties set in the schedule of this constitution for a breach of this constitution and loss of operating license.

51. The Australian Crown Council representatives will be called Crown Council Representative and will be addressed as ------------and will retain the title for life provided that the representative was not removed from office for any reason other than, end of term or by voluntary retirement or death. Australian Crown Council representatives will be entitled to use the letters AC after the representatives name, upon retirement the letter R should be added, ACR.

CHAPTER II.

THE PARLIAMENT.

PART I.-GENERAL.

52. The Parliament shall arrange and fully prepare for the first election of The Australian Crown Council representatives which shall be held within twelve months of the establishment of this amended constitution via referendum of the citizen electors of the Commonwealth of Australia in compliance with section 93. of this constitution. On establishment and within twenty eight days the Parliament shall appropriate moneys from consolidated revenue and move to enact all the legislation required to fund the establishment of The Australian Crown Council to meet the election of and final installation of The Australian Crown Council within the prescribed time. The Parliament shall implement all sections of this Constitution with due diligence and as a mater of urgency.

53. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of a Senate, and a House of Representatives, under The Australian Crown Council subject to this Constitution and which is herein called "the Parliament" "The Federal Parliament, or "The Parliament of the Commonwealth of Australia".

(a) The Parliament shall amend or abolish or make new legislation required to implement and uphold this Constitution with diligence and expediency.

(b) The Parliament shall act on the advice of the Australian Crown Council and process legislation to uphold this Constitution throughout the Parliament and all arms of government with due expediency in preparation for The Australian Crown Council assent:

(c) The Parliament shall not delegate the making of laws or the imposing of penalties or any other act the proper subject of legislation.

54. A Governor General appointed by The Australian Crown Council shall have and may exercise in the Commonwealth during The Australian Crown Council’s pleasure, but subject to this Constitution, such powers and functions of The Australian Crown Council that The Australian Crown Council may be pleased to assign to him.

55. The Governor-General may appoint such times for holding the sessions of the Parliament as The Australian Crown Council thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives, when it will be the duty of the Governor General to within fourteen days approve a date for the holding of a general election for the house of Parliament so dissolved. After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs. The Parliament shall be summoned to meet not later than sixty days after the choosing of The Australian Crown Council representatives.

56. There shall be a session of the Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session.

57. There shall be a fixed term of four years for the Federal Parliament.

58. The Parliament as it is constituted at the date of the referendum approving the amendments contained herein, will continue in place subject to this constitution, and

(a) will continue to sit subject to this constitution up until the election and installation of the Parliament elected on the date set for the first four year term of the Parliament, the date of the first four year term shall be set for not longer than two years following the election of the first Australian Crown Council representatives:

(b) the Federal Parliament general election date is automatically set to

follow on two years after the first election of The Australian Crown Council

representatives,

(c) there shall be one dissolution of both the Senate and the house of representatives in preparation for the first general election of the Federal Parliament following the installation of The Australian Crown Council:

(d) the Parliament shall not later than three calendar months before the

date finally set, set the actual date for the holding of the first set four

year term general election of both The Australian Crown Council representatives and the two houses of the Parliament:

(e) the date set for The Australian Crown Council elections shall be within two

weeks of the appointed time in the four year cycle of the first

Australian Crown Council representative election date, followed two years

after by Parliamentary general elections

PART II. THE SENATE.

59. The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, as one electorate.

There shall be six senators for each State.

The senators shall be chosen for a term of eight years, and the names of the senators chosen for each State shall be certified by the Governor to the Governor General.

60. The qualification of electors of senators shall be in each State that which is prescribed by this Constitution at section 79, as the qualification for electors of members of the House of Representatives; in the choosing of senators each elector shall vote only once.

61. The method of choosing senators shall be by citizens casting a vote in a State wide ballot held in conjunction with an election to fill seats in the House of Representatives, but so that the method shall be uniform for all the States. The candidates that receive the highest number of votes after the counting of preferences shall be declared elected. A senate ballot paper shall require the citizen to indicate preferences to at least the total number of seats to be filled. Subject to this Constitution the Parliament of each State may make laws prescribing the method of choosing the senators for that State.

The Parliament of a State may make laws for determining the polling places of elections of senators for the State.

62. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

63. The Governor of any State shall cause writs to be issued for elections of senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.

64. As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of four years, and the places of those of the second class at the expiration of eight years, from the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of eight years from the beginning of their term of service. The election to fill vacant places shall be made within one year before the places are to become vacant. For the purposes of this section the term of service of a senator shall be taken to begin on the first day of July following the day of his election, except in the cases of the first election and of the election next after any dissolution of the Senate, when it shall be taken to begin on the first day of July preceding the day of election.

65. Whenever the number of senators for a State is increased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of senators for the State as it deems necessary to maintain regularity in the rotation.

66. If the place of a senator becomes vacant before the expiration of the term of service, the candidate at the most recent held Senate election who not elected received the highest number of votes after the distribution of preferences shall be chosen to sit in the vacant Senate place, if such candidate is not available, the next candidate in line using the same procedure and so on until there are no candidates remaining:

The name of any senator chosen under this section shall be certified by the Governor of the State to the Governor-General.

67. The qualifications of a Senator shall be the same as those set out at section 83. of this Constitution, as that of a member of the House of Representatives.

68. The Senate shall, before proceeding to the dispatch of any other business, choose by secret ballot a Senator to be the President of the Senate; and as often as the office of President becomes vacant the Senate shall again choose by a simple majority in a secret ballot a Senator to be the President.

The President shall cease to hold his office if he ceases to be a senator. He may be removed from office by a by a simple majority in a secret ballot of the Senate, or he may resign his office or his seat by writing addressed to the Governor-General.

69. Before or during any absence of the President, the Senate may choose by a simple majority in a secret ballot a senator as Acting President to perform the duties of President in the absence of the President.

70. A senator may, by writing addressed to the President, or to the Governor-General if there is no President or if the President is absent from the Commonwealth, resign his place, which thereupon shall become vacant.

71. The place of a Senator shall become vacant if for four consecutive weeks of any session of the Parliament the Senator, without the permission of the Senate, fails to attend the Senate.(Review the paring arrangements)

72. Whenever a vacancy happens in the Senate, the President, or if there is no President or if the President is absent from the Commonwealth the Governor-General, shall notify the same to the Governor of the State in the representation of which the vacancy has happened

73. Until the Parliament otherwise provides, the presence of at least two-thirds of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

74. Questions arising in the Senate shall be determined by a sixty five percent majority of votes, and each senator shall have one vote cast in a secret ballot. (Look at proportional representation)

PART III.

THE HOUSE OF REPRESENTATIVES.

75. The House of Representatives shall be composed of members directly chosen by the citizen electors of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators. The number of members chosen in the several States shall be in proportion to the respective numbers of their citizens, -------------------------------------------------------------------------------------------and shall be determined, whenever necessary, in the following manner.

(i.) A quota shall be ascertained by dividing the number of the citizens of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators:

(ii.) The number of members to be chosen in each State shall be determined by dividing the number of the -------- citizens of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the State.

76. Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.

77. Every House of Representatives shall continue for four years from the installation date of the elected Australian Crown Council representatives, but may be sooner dissolved by the Governor General subject to this constitution.

Except the Parliament sitting at the time of the ---------------installation of The Australian Crown Council which shall continue as provided for in section 58 of this constitution, and no longer, but may be sooner be dissolved by the Governor General subject to this constitution.

78. Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. A division shall not be formed out of parts of different States. In the absence of other provision, each State shall be one electorate.

79. The qualification of electors of members of the House of Representatives shall, Subject to Section 33. (a) (b) (c) and be all that citizens who have obtained the age of eighteen years and enrolled before the date on which the election is held.

80. Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives.

81. The Governor General shall cause writs to be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.

82. Whenever a vacancy happens in the House of Representatives, unless it occurs within six months of the date of the next general election the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if the speaker is absent from the Commonwealth the Governor General ------------------ may issue the writ.

83. The qualifications of a candidate for the position of, and for a member of the House of Representatives shall be as follows:—

(a.) The person must be of the full age of twenty-one years, and must be an Australian born citizen of Australia and an elector entitled to vote at the election of members of the House of Representatives and must have been for three years at the least, at the date of the election, a resident within the electorate to be contested.

(b) shall meet the requirements of section 93. of this constitution.

(c) shall swear the oath of allegiance or affirmation of allegiance, set out

in the schedule of this constitution and be bound by it under sufferance

of the penalty there set out.

84. The House of Representatives shall, before proceeding to the dispatch of any other business, choose by secret ballot a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again by secret ballot choose a member to be the Speaker.

The Speaker shall cease to hold his office if the Speaker ceases to be a member. The Speaker may be removed from office by a vote of the House, or the Speaker may resign the office or the seat held by writing addressed to the Governor General.

85. Before or during any absence of the Speaker, the House of Representatives may choose by secret ballot a member to carry out the duties of the Speaker during the absence.

86. A member may by writing addressed to the Speaker, or to the Governor-General if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his or her place, which thereupon shall become vacant.

87. The place of a member shall become vacant if for two consecutive months of any session of the Parliament the member, without the permission of the House, fails to attend the House.

88. The presence of at least two thirds of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers or during the debate on legislation before the Parliament.

PART IV---BOTH HOUSES OF THE PARLIAMENT.

89. Questions arising in the House of Representatives shall be determined by the members present subject to section 88. and shall require a majority of sixty five percent of the votes cast in a secret ballot. The same procedure will apply in the Senate. Where finally bill fails to pass both houses and the Parliament, the Governor General may authorise the substance of the bill be put to a referendum of the electorate.

(a) in the instance where there is said by all the government ministers that a Bill of critical national importance and urgency is required to be made law, providing first that there is at least a simple majority of votes for the Bill, individually in either houses of the parliament, the Governor General in Council may assent to the bill becoming law at The Australian Crown Councils pleasure. The Australian Crown Council may then, either instruct the Parliament to put the substance of the Bill to a referendum, or that the Bill go back to the parliament for constitutional approval, amendment or repeal.

90. No citizen eligible to vote at elections shall be prevented by any law of the Commonwealth from voting at elections for The Australian Crown Council or either House of the Parliament of the Commonwealth.

91. Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor General, or a Crown Council Representative ) shall swear the oath of allegiance or affirmation of allegiance, set out in the schedule of this constitution and be bound by it under sufferance of the penalty there set out.

92. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House.

93. Any person who—

(i.) Is under any acknowledgment of allegiance, obedience, or adherence to a foreign power whatsoever or has been in the employ in any way whatsoever of a foreign power or foreign owned or controlled organisation, 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 against the Constitution of the Commonwealth of Australia or the people of Australia, 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 more than one year: or

(iii.) Is an undischarged bankrupt: or

(iv.) Holds any office of profit, or is entitled to any pension payable during the pleasure of the British Crown Council, or the Australian Crown Council out of any of the revenues of the Commonwealth while sitting in either house of the Parliament, but excepting any service pension:

(iv) 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: shall be incapable of being chosen or of sitting as an Australian Crown Council representative or a senator or a member of the House of Representatives.

(iv) does not apply to the holder of any office of profit under The Australian Crown Council, or any pension payable during the pleasure of The Australian Crown Council out of any of the revenues of the Commonwealth providing that: within seven days the newly elected person resigns the position and does not collect any profit or pension from any government source while elected to and sitting in the Parliament or as an elected representative of The Australian Crown Council.

94. If an Australian Crown Council representative or senator or member of the House of Representatives—

(i.) Becomes subject to any of the disabilities listed section 93: or

(ii.) Directly or indirectly takes or agrees to take any fee or honorarium

for services rendered to the Commonwealth, or for services rendered

in the Parliament from any person or State, his or her place shall

thereupon become vacant, and the person shall be dealt with in

accordance with the oath of allegiance in the schedule.

95. Any person under this Constitution found by a court of competent jurisdiction incapable of sitting as an Australian Crown Council representative or a Senator or as a member of the House of Representatives shall, for every day on which the person so holds the position, be liable to pay a sum equal to one months salary of the person sitting contrary to section-93. to any person or persons who produce conclusive evidence to The Australian Crown Council of such a contravention of the Constitution. The Australian Crown Council shall institute the required court proceedings: A member of the parliament found guilty under this section shall not be entitled to be reimbursed by the parliament for his or her legal or other expenses.

96. Any question respecting the qualification of an Australian Crown Council representative, or respecting a vacancy in The Australian Crown Council, and any question of a disputed election to The Australian Crown Council shall be determined by The Australian Crown Council. The reasons for the decision shall be published.

Any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises and any decision made by the particular house shall be subject to appeal to The Australian Crown Council.

97. Each senator and each member of the House of Representatives shall receive an allowance equal to four times the average Australian wage a year plus expenses, to be reckoned on the average wage calculated at the end of each year of holding office from the day on which the member takes up the seat.

98. The powers, privileges, and immunities of The Australian Crown Council, the Senate and of the House of Representatives, and of the members and the committees of each House, shall be subject to this Constitution, otherwise as are declared by the Parliament and assented to by The Australian Crown Council.

99. Each House of the Parliament may make rules and orders subject to this constitution with respect to—

(i).The mode in which its powers, privileges, and immunities may be exercised and upheld subject to the this Constitution and the assent of The Australian Crown Council

(ii.) The order and conduct of its business and proceedings either separately or jointly with the other House

PART V.-POWERS OF THE PARLIAMENT.

100. The Parliament shall establish and maintain a Federal bank, the board of which shall be subject to approval by The Australian Crown Council, the board should consist of only Australian born citizens, chaired by an Australian Crown Council representative. In addition to the normal banking business of a savings and trading bank the Federal bank shall be the sole primary provider of the nations credit.

101. The Parliament shall recognise in all its deliberations the system of elected government in place throughout Australia as

(a) The Australian Crown Council:

(b) the Federal Parliament:

(c) the State and Territorial governments

(d) local government, and shall not work to in any way undermine the above listed system or usurp the power or authority or revenue of any of the above listed governmental system.

102. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, prosperity and good government of the Australian Commonwealth with respect to:—

(i.) Trade and commerce with other countries, and among the States:

(ii.) Taxation; but so as not to discriminate between States or parts of

States or Territories and only to the extent that there shall be only one form of taxation levied without exemption as a transaction tax:

(a) to distribute the sum total of all taxes collected as follows

(1) The Federal government a maximum of seventy eight percent:

(2) the State governments a minimum of twenty percent:

(3) the local government network a minimum of two percent. :no authority flows from this section enabling State governments to decrease State funding to local government.

(iii.) Bounties on the import of goods, but so that such bounties shall be

uniform throughout the Commonwealth:

(iv.) Borrowing money from the national credit of the Commonwealth:

(a) borrow money from the Australian public.

(v.) Postal, telegraphic, telephonic, and other like services:

(vi.) The naval and military and air force defence of the Australian

Commonwealth and of the several States:

(vii.) Lighthouses, light ships, beacons and buoys:

(viii.) Astronomical and meteorological observations:

(ix.) Quarantine to not allow into Australia any goods or livestock that have a

potential to endanger Australian industry, production or population:

(x.) Fisheries in Australian waters beyond territorial limits:

(xi.) Census and statistics:

(xii.) Currency, coinage, and legal tender:

(xiii.) Banking, other than State banking; also State banking extending beyond

the limits of the State concerned, the incorporation of banks, and the issue

of paper money, subject to this constitution:

(xiv.) Insurance, other than State insurance; also State insurance extending

beyond the limits of the State concerned:

(xv.) Weights and measures:

(xvi.) Bills of exchange and promissory notes:

(xvii.) Bankruptcy and insolvency so as not to remove any common law right:

(xviii.) Copyrights, patents of inventions and designs, and trade marks:

(xix.) Naturalisation and aliens who have demonstrated their ability to assimilate:

(xx.) Foreign corporations, and trading or financial corporations formed within

the limits of the Commonwealth:

(xxii.) Marriage, The conservation and support of the Christian institution of.

(xxi) Divorce and matrimonial causes; and in relation thereto,

parental rights, and the custody and guardianship of infants.

(xxiii.) Invalid and age pensions

(xxiiiA.) The provision of maternity allowances, widows' pensions, child

endowment, unemployment, pharmaceutical, sickness and

hospital benefits, medical and dental services (but not so as to authorise

any form of civil conscription), benefits to students and family

allowances

(xi.) The service and execution throughout the Commonwealth of the

civil and criminal process and the judgments of the courts of the States:

(xxv.) Subject to this constitution recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States:

(xxvi.) The people of any race for whom it is deemed necessary to make special laws

(xxvii.) Immigration and emigration to maintain full employment and culture:

(xxviii.) To eliminate the influx of criminals:

(xxix.) External affairs limited to laws taking effect outside of Australian

Commonwealth territory, specifically excluding laws pertaining to or

having an effect on the internal affairs of the Australian Commonwealth:

(xxx.) The relations of the Commonwealth with the islands of the Pacific:

(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:

(xxxii.) The control of railways with respect to transport for the naval, military,

and air force purposes of the Commonwealth:

(xxxiii.) The acquisition, with the consent of a State, of any railways

of the State on terms arranged between the Commonwealth and the State:

(xxxiv.) Railway construction and extension in any State with the consent of that State:

(xxxv.) Conciliation and arbitration for the prevention and settlement of industrial

disputes extending beyond the limits of any one State:

(xxxvi.) Matters in respect of which this Constitution makes provision until

the Parliament otherwise provides:

(xxxvii.) Matters referred to the Parliament of the Commonwealth by the

Parliament or Parliaments of any State or States, but so that the law

shall extend only to States by whose Parliaments the matter is referred,

or which afterwards adopt the law:

(xxxviii) Matters incidental to the execution of any power vested by this

Constitution in the Parliament or in either House thereof, or in the

Government of the Commonwealth, or in the Federal Judicature, or in

any department or officer of the Commonwealth.

103. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, prosperity and good government of the Australian Commonwealth with respect to—

(i.) The seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes:

(ii.) Matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth:

(iii.) Other matters declared by this Constitution to be within the exclusive power of the Parliament.

(iv) The proper funding and other support to bring about and maintain an self sufficient independent Commonwealth of Australia fully owned and operated by Australian citizens.

(v) The proper funding and support of capital works to adequately maintain and expand all areas of infrastructure within Australia.

(vi) The proper funding and support for nationally required industry of all types to bring about and maintain a self-sufficient Australia.

(vii) The just division of the property of spouses to preserve the home and environment of offspring to the benefit of the offspring until each obtain eighteen years, otherwise the spouses each take out what is directly related and in proportion to what was introduced into the relationship, that which is obtained during the period of the relationship shall be divided equally between the spouses after the last offspring obtains eighteen years, otherwise it shall not be diminished or withheld from the use it was accustomed to at the time of and prior to the breakdown. The parent carer of the offspring shall be entitled to not less than the same support from the other parent as was the custom and practice in the relationship prior to breakdown, such support shall vary relative to the earnings of the parent carer who shall at all times contribute equally to the upkeep of the offspring. Carer- -parent support from the non-carer-parent shall cease if the receiving spouse enters into a new spouse relationship with another. This shall not effect the per child allowance for care of offspring until they obtain eighteen years or earlier leave the care and protection of that which this section provides. The costs of the breakdown shall be born equally by the spouses.

104. proposed laws appropriating revenue or moneys, or imposing taxation, subject to this constitution shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment & any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

105. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only

106. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated.

107. If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may convene a joint sitting of the members of the Senate and of the House of Representatives.

The members present at the joint sitting may deliberate and shall vote together upon the proposed law last proposed by the House of Representatives. Upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried. If the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Governor-General for the Crown Council Council’s assent.

108. When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for The Australian Crown Council Council’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he or she assents in The Australian Crown Council Council's name, or that he or she withholds assent, or that he or she reserves the law for The Australian Crown Council Council’s pleasure.

The Governor-General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.

109. The Australian Crown Council through the Governor General may disallow any law, or ask the Parliament to repeal any law and the Parliament shall so appeal the law:

CHAPTER III.

THE EXECUTIVE GOVERNMENT.

110. The executive power of the Commonwealth is vested in The Australian Crown Council and is exercisable by the Governor-General as The Australian Crown Council Council’s representative, and extends to the execution and maintenance and enforcement of this Constitution, and of the common law, and laws of the Commonwealth.

111. The Australian Crown Council shall advise the Governor-General in the government of the Commonwealth, and The Australian Crown Council shall choose from the Australian citizenry those citizens with demonstrated expertise in various areas to advise The Australian Crown Council on aspects within their expertise, citizens so chosen shall be summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during the Crown Council Council’s pleasure.

112. The provisions of this Constitution referring to the Governor General in Council shall be the Governor General acting as a member of and with the determination of The Australian Crown Council.

113. The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor General in Council may establish.

Such officers shall hold office during the pleasure of the Governor-General in council. They shall be members of the Federal Executive Council, and shall be The Australian Crown Council Council's Ministers of State for the Commonwealth.

114. Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, with The Australian Crown Council Council’s ascent, or in the absence of provision, as the Governor General in council directs.

115. There shall be payable to The Australian Crown Council, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which shall not exceed six times the average Australian income:

116. The appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council.

117. The command in chief of the naval, military and air forces of the Australian Commonwealth is vested in the Governor-General in Council.

118. In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the Governor-General in Council.

CHAPTER IV.

THE JUDICATURE.

119. The judicial power of the Australian Commonwealth under The Australian Crown Council shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other Federal courts as the Parliament creates, and in such other courts as it invests with Federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as demand dictates as the Parliament prescribes.

(a) Australian Courts and their convenience shall not override the fundamental obligation of all Australian Courts to deliver justice. A citizen’s rights to a fair trial shall be paramount in all court proceedings, it shall be unjust for an Australian Court to not hear for any reason, and take into account all the evidence available.

120. The Justices of the High Court and of the other courts created by the Parliament—

(i.) Shall be appointed by the Governor-General in Council:

(ii.) Shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved unconstitutional actions or misbehaviour or incapacity, or by The Australian Crown Council acting on the result of a referendum:

(iii.) Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office.

The appointment of a Justice of the High Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he has attained that age.

The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court.

Subject to this section, the maximum age for Justices of any court created by the Parliament is seventy years.

The Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment.

A Justice of the High Court or of a court created by the Parliament may resign his office by writing under his hand delivered to the Governor-General.

Nothing in the provisions added to this section by the Constitution alteration (Retirement of Judges) I977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions.

A reference in this section to the appointment of a Justice of the High Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High Court, or of a court created by the Parliament to another office of Justice of the same court having a different status or designation.

121. The High Court shall have jurisdiction, with such exceptions and subject, to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences—

(i.) Of any Justice or Justices exercising the original jurisdiction of the High

Court:

(ii.) Of any other Federal court, or court exercising Federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State.

(iii.) Of the Inter-State Commission, but as to questions of law only and the judgment of the High Court in all cases shall be subject to appeal to The Australian Crown Council.

But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter.

The Australian Crown Council may request the Parliament to make laws limiting the matters in which leave may be asked to appeal to The Australian Crown Council, but proposed laws containing any such limitation shall be reserved by the Governor-General for The Australian Crown Council Council’s pleasure.

122. In all matters—

(i.) Arising under any treaty:

(ii.) Affecting consuls or other representatives of other countries:

(iii.) In which the Commonwealth, or a person suing or being sued

on behalf of the Commonwealth, is a party:

(iv.) Between States, or between residents of different States, or between a State and a resident of another State:

(v.) In which a writ of Mandamus or prohibition or an injunction is

sought against an officer of the Commonwealth: the High Court shall have original jurisdiction.

123. The Parliament may make laws conferring original jurisdiction on

the High Court in any matter—

(I.) Arising under this Constitution, or involving its interpretation:

(ii.) Arising under any laws made by the Parliament:

(iii.) Of Admiralty and maritime jurisdiction:

(iv.) Relating to the same subject matter claimed under the laws of

different States.

124. With respect to any of the matters mentioned in the last two

section the Parliament may make laws—

(i.) Defining the jurisdiction of any Federal court other than the High

Court:

(ii.) Defining the extent to which the jurisdiction of any Federal court shall

be exclusive of that which belongs to or is invested in the courts of

the States:

(iii.) Investing any court of a State with Federal jurisdiction.

125. The Parliament may make laws conferring rights to proceed

against the Commonwealth or a State in respect of matters within

the limits of the judicial power.

126. The Federal jurisdiction of any court may be exercised by such

number of judges as the Parliament prescribes.

127. The trial on indictment of any offence against any law of the

Commonwealth shall be by jury of twelve peers, and every such trial shall

be held in the State where the offence was committed, and if the offence

was not committed within any State the trial shall be held at such place or

places as the Parliament prescribes. A citizen is entitled to elect a trial by

a jury of the citizens peers in any matter involving the possible loss of

livelihood or home.

CHAPTER V.

FINANCE AND TRADE.

128. All revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution.

129. The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth.

130. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.

131. When any department of the public service of a State becomes transferred to the Australian Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Australian Commonwealth.

Any such officer who is not retained in the service of the Australian Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation, payable under the law of the State on the abolition of his office.

Any such officer who is retained in the service of the Australian Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer.

132. 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 connection 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 connection 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 Australian Commonwealth shall compensate the State for the value of

any property passing to the Australian Commonwealth under this section; if no

agreement can be made as to the mode of compensation, it shall be 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.

133. During a period often years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise not more than one-fourth shall be applied annually by the Australian Commonwealth towards its expenditure.

The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth.

134. Uniform duties of customs shall be imposed.

135. Nothing in this Constitution prohibits a State from granting any aid to or bounty on mining for sources of energy, gold, silver, or other metals, or the granting of any aid to or bounty on the production or export of goods

136. On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.

137. During the first five years after the imposition of uniform duties of customs, and thereafter until the Parliament otherwise provides—

138. After five years from the imposition of uniform duties of customs, the Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Commonwealth.

139. The Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.

140. The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State.

141. The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.

142. The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

143. There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.

144. The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority constituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities incurred by any State in connection with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission.

145. The members of the Inter-State Commission—

(i.) Shall be appointed by the Governor-General in Council:

(ii.) Shall hold office for seven years, but may be removed within that time by the Governor-General in Council, on an address from both Houses of the Parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity the abolition of the commission:

(iii.) Shall receive such remuneration as the Parliament may fix; but such remuneration shall not be diminished during their continuance in office.

146. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the interstate Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States.

147. The Parliament may take over from the States their public debts as or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.

148.—( I.) The Commonwealth may make agreements with the States with respect to the public debts of the States, including—

(a) the taking over of such debts by the Commonwealth;

(b) the management of such debts;

(c) the payment of interest and the provision and management of

sinking funds in respect of such debts;

(d) the consolidation, renewal, conversion, and redemption of such

debts;

(e) the indemnification of the Commonwealth by the States in

respect of debts taken over by the Commonwealth; and the

borrowing of money by the States or by the Commonwealth,

or by the Commonwealth for the States

(2.) The Parliament may make laws for validating any such agreement made

before the commencement of this section.

(3.) The Parliament may make laws for the carrying out by the parties thereto

of any such agreement.

(4.) Any such agreement may be varied or rescinded by the parties thereto.

(5.) Every such agreement and any such variation thereof shall be binding

upon the Commonwealth and the States parties thereto notwithstanding

anything contained in this Constitution or the Constitution of the several

States or in any law of the Parliament of the Commonwealth or of any

State.

(6.) The powers conferred by this section shall not be construed as being

limited in any way by the provisions of section 105 of this Constitution.

149. Australian Governments shall not enter into contracts or other arrangements with private enterprise or foreign governments in regard to the funding and ownership of any works or infrastructure or institution whatsoever.

149A. All Australian Crown Council employees shall be held responsible for the commercial decisions made by them in the same manner that private enterprise people are held responsible, including dismissal and penalty. This section shall override any section indicating the contrary in this constitution.

CHAPTER VI.

THE STATES

150. The Constitution of each State of the Australian Commonwealth shall, subject to this Constitution, continue as at the establishment of the Australian Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

151. Every power of the Parliament of a State or Territory shall continue at the establishment of the amendments of this Australian Commonwealth constitution.

152. Every law in force in a State or Territory relating to any matter within the powers of the Parliament of the Australian Commonwealth, shall, subject to this Constitution. continue in force in the State;

153. When a law of a State or Territory is inconsistent with a law or constitution of the Commonwealth, this Commonwealth Constitution and the Commonwealth law shall prevail, and the State law and constitution shall, to the extent of the inconsistency, be invalid.

154. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State.

155. The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth.

156. After uniform duties of customs have been imposed, a State may levy on imports or exports, or on goods passing into or out of the State, such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth; and any such inspection laws may be annulled by the Parliament of the Commonwealth.

157. All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of' the State as if such liquids had been produced in the State.

158. A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

159. A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

160. The Commonwealth shall not make any law for establishing any religion or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

161. A citizen resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a Citizen resident in such other State.

162. Full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceedings of every State.

163. The Parliament of the Commonwealth shall maintain a fully equipped and fully prepared defence service at all times to protect every Australian State and Territory against invasion and, on the application of the Governor to the Governor General in council, against domestic violence and shall:

(a) encourage and fund defence cadet training in schools.

(b) encourage and fund and assist voluntary citizen organised citizen activities in the area of defence.

(c) provide for the adequate and proper training of all responsible citizens between the age of eighteen years and forty-five in the use of firearms for defence reasons.

(d) provide for the keeping of defence firearms in the residence of every trained Australian citizen with ready access to additional stores of ammunition in order that each citizen can do his or her duty in the defence of Australia.

(e) provide defence funding of not less than seven percent of the gross national product.

(f) provide for a totally Australian independent defence industry for the manufacture, maintenance and running of all of Australia’s defence requirements

(g) provide for a standing armed force including Army, Navy and Air Force equal to not less than two percent of the population

(h) provide for the proper training in trades and defence within the armed forces for Australian youth who volunteer for training in defence activities for periods up to two years.

(I) provide for two years national defence and trade training within the armed services for citizens convicted of law braking, other than for traffic offences.

(j) provide for penalties of not less than five years imprisonment for the user of a firearm, knife or explosive in the commissioning of a crime, and not less than ten years imprisonment where a firearm or explosive is discharged or a knife injury is inflicted in the commissioning of a crime.

164. Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Australian Commonwealth may make laws to give effect to this provision.

CHAPTER VII.

NEW STATES

165. The Parliament may admit to the Australian Commonwealth or establish new States, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in either House of the Parliament. as it thinks fit but consistent with all other States.

166. The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit but consistent with all other States.

167. The Parliament of the Commonwealth may, with the consent of the Parliament of a State, and the approval of the majority of sixty five percent of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected.

168. A new State may be formed by separation of territory from a State, but only with the consent of the Parliament thereof and sixty five percent of the electors of the State, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Parliaments of the States affected and the sixty five percent of electors.

CHAPTER VIII.

MISCELLANEOUS.

169. The seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales, and be distant not less than one hundred miles from Sydney.

Such territory shall contain an area of not less than one hundred square miles (260 sq km), and such portion thereof as shall consist of Crown Council lands shall be granted to the Commonwealth without any payment.

170. That the commercial law of the Commonwealth shall limit any delay in or non payment for work done in accordance with an oral or written contract or and the credit terms granted by the supplier of goods or and services providing that the goods or and services are of useful quality for the purpose supplied and that if a dispute arises over the usefulness of the goods and services, while the same are made use of or held and not returned the full amount of the contract value of the goods and services must be paid into a trust fund held by a department of fair trading on or before the due date of contract or credit terms of payment.

171. A department of the government shall be set up to administer the prompt payment aspects of fair trading,, this department shall receive notice of non payment for work completed or goods supplied, and shall immediately confirm whether or not the moneys in dispute have been paid into the trust fund. Immediately and within twenty-four hours the department shall notify the alleged defaulter to cease trading immediately pending a resolution of the difficulty within twenty-four hours, by having the amount of the dispute paid either to the claimant or into the trust account.

172. In the case where the defaulter had previously lodged with the department a claim for default of its debtor and that claim exceeds all the claims now lodged the defaulter may continue in business subject to its creditors being made fully aware of the detail causing the default.

173. The institution of jury duty shall be fostered by the Australian Parliaments. All Juries shall consist of peers of the defendant. School children shall be taught about peoples rights, and responsibilities and the jury system, as a part of the curriculum of all schools from year seven onwards.

174. Citizens who genuinely come forward at the scene of an accident or a crime, or genuinely report a crime should be given treatment in accordance with the civic duty displayed. Any legitimate cost incurred by the genuine citizen as a result of his civic duty shall be reimbursed by the Parliament and where expenses are incurred after the event complying with authorities requests such expenses shall be met in full and on the day incurred without delay.

CHAPTER IX.

ALTERATION OF THE CONSTITUTION.

175. This Constitution shall not be altered except in the following manner:—

The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted to The Australian Crown Council for assent. Having received assent, then submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which .the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor General for The Australian Crown Council assent.

No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

In this section, ``Territory'' means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

SCHEDULE.

OATH.

I. A.B.. do swear that I will be faithful and bear true allegiance to the Australian sovereign people under The Australian Crown Council according to law and that at all times I will uphold and be bound by the Constitution of the Commonwealth of Australia as amended, so help me God. I make this oath in the full realisation that the earthly penalty for not keeping it is five years imprisonment and where applicable the penalties set out in this schedule at, Penalty 1. (a) and (b) and (c).

______________

AFFIRMATION.

I A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the Australian sovereign people under The Australian Crown Council according to law, and that at all times I will uphold and be bound by the constitution of the Commonwealth of Australia as amended. I make this affirmation in the full realisation that the penalty for not keeping it is five years imprisonment and where applicable the penalties set out in this schedule at, Penalty 1. (a) and (b) and (c).

_____________

In the event of a breach of any one of each of the obligations under this constitution by any officer whatsoever of The Australian Crown Council either individually or as part of a group, individually any such officer found guilty of a breach shall suffer the following penalty(s) in addition to the common law of the Commonwealth of Australia.

PENALTY.

1. When acting as an individual

(a) The full cost of the procedure that determined the guilt.

(b) Loss of all employment related benefits.

(c) Loss of any Right to hold any position under the Australian Crown Council.

(d) Maximum of five years imprisonment.

2. When acting as a member of a group of two or more people

(a) The full cost of the procedure that determined the guilt.

(b) Loss of all employment related benefits.

(c) Loss of any Right to hold any position under the Australian Crown Council.

(d) Minimum of ten years imprisonment.

THE SECOND SCHEDULE

To qualify as a Candidate to contest the position of Australian Crown Council representative shall require the following pre nomination qualification subject to this constitution, in particular sections 24 and 93.

At the time of nomination the oath set out in the schedule of this constitution shall be sworn by all the candidates at a public ceremony, held for the occasion at the most convenient venue for the electors at a central place to the area that the candidate is nominated, this occasion shall be known as nomination day.

The delivery up to the Governor of each State or territory of the nominations accompanied by at least the required number of Statuary declarations shall take place on nomination day at the public ceremony.

The names and address of the citizens swearing the statuary declarations supporting the nominations shall be a matter of public record as shall be the declarations themselves.

Citizens shall have fourteen days to challenge any statuary declaration on the basis that it is inconsistent with section 24 of this constitution. On the occasion of a challenge the governor shall issue a directive that the nomination has lost the total or otherwise of statutory declarations, requiring conforming declarations to be lodged with the office of the Governor or his nominee within twenty eight days, or the nomination shall be rejected by the Governor. Statuary declarations shall be rejected where the number of same occupations exceeds five percent of the total nominations.

Political party or other group or organisation which is organised for an objective other than the election of a single Australian Crown Council representative is prohibited from participation in any way in the activities surrounding the nomination of, or election of an Australian Crown Council Representative and the principal officer of such a group or organisation together with the offending persons shall be subject to the same penalty as the Candidate is bound under the oath of Allegiance set out in the schedule of this constitution.

THE THIRD SCHEDULE

The Parliament shall provide for a ballot system that is above reproach incorporating the following principal and detail:

Each Chamber where elected representatives sit and determine issues in that chamber shall conduct and arrive at its decisions by secret ballot.

In fixed places where elected members sit there shall be installed an electronic system for recording the votes of the members of the chamber.

The integrity of the Electronic system so installed shall be above reproach and shall be tested under public scrutiny immediately prior to the recording of any vote cast in the chamber.

The integrity shall be the responsibility of the chairman of the chamber irrespective of title.

The test results and the result of each vote taken shall be instantly displayed in prominent positions so as to easily be seen by all present including observers.

Any person found to have tampered with, or issued instructions to, or involved in any way whatsoever to tamper, or have unreported knowledge of tampering with the electronic recording system, shall be subject to the penalty applicable under the PENALTY section set out in the Schedule of this Constitution.

In the instant of a failure of the electronic recording equipment, or prior to its installation the votes of all chambers shall be cast in written form as a secret ballot, which shall be counted by the chairman of the chamber under the supervision of non voting persons within the chamber.

THE FOURTH SCHEDULE

The Parliament shall provide for a ballot system that is above reproach. If and when the Parliament decides to introduce electronic voting to the citizens then it shall incorporate the following principles and detail:

The provision of electronic secret ballots by the citizens when it occurs as with conventional hard copy ballot papers shall be carried out under the supervision of scrutineers. Each candidate who chooses to send scrutineers to each ballot place or members of the public who so choose to scrutineer. The number of scrutineers shall be limited to no more than triple plus two of the number of candidates standing for the position, with each candidate entitled to not more than two scrutineers.

Scrutineers shall have unhindered access to one single electronic screen of sufficient size, and in an appropriate position that at least three scrutineers on behalf of each candidate or if the candidate failed to supply three persons then an equal number of members of the public can easily view the screen at all times during the hours of the ballot, and a reasonable time before and after the ballot to carry out system checking for accuracy. Once polling commences scrutineers or the officers in the scrutineering section, all of whom shall be closed off completely from the public and shall not be allowed to mingle with or have contact with any member of the public during the ballot. Sufficient conveniences shall be supplied for the scrutineers away from possible contact with the public.

The electronic equipment provided for the scrutineers shall record each vote cast in the following manner, 1. A progressive total of the votes cast. 2. A progressive total of the votes cast for each candidate. 3. A progressive total of the preferences votes cast for each candidate. 4. A reproduction of the viewing screen the voter has access to (the voter’s screen).

The Electronic equipment supplied for the citizen shall provide the citizens total vote at easy view and enable it to be corrected by the voter prior to the finally casting of the vote. the final vote shall be displayed on the scrutineers’ replica of ( the voters’ screen) at well spaced intervals, and ten seconds prior to the changing of the tally on the tally screens.

Each polling place, at each individual polling position, shall be equipped to print out in detail each vote cast on continuous paper into a suitably locked container that is equipped with viewing glass to enable scrutiny by officials and scrutineers. The paper roles shall be and remain sealed and stored for three years, and referred to only under proper scrutiny by candidate’s scrutineers in the case of a dispute.

Parliament shall provide for each citizen a loose page of one hundred year working duration material in a binder with other citizens on which the citizens details are recorded, with the provision for not less than one hundred signatures of an individual citizen, the first of which shall be placed on the page at the point of registration of the citizen to vote, each time the citizen votes throughout the citizens lifetime the citizen shall sign the page immediately below the signature last appearing on the page. The officer in charge of the book will check to identify if the signature is consistent with the previous signature.

Each citizen shall vote at the same polling place in each ballot, should there not have been a prior request made in writing by the citizen to the appropriate department some six months before the polling date, when on such an application the page from the book shall be relocated at the citizens request to a different polling place. It shall be an offence to mislay or loose a signature sheet.

All citizens shall be entitled to an absentee vote which shall be verified by the citizens signature being placed on a self-adhesive section of the envelope containing absentee’s ballot paper. Later to be checked for consistency with the citizens signature sheet in the appropriate book, and if consistent permanently affixed to the appropriate position on the page by the self adhesive label. and the absentee vote admitted to the count. The Parliament shall deal appropriately with rejected absentee votes.

The same general scrutineering provisions shall apply to all ballots

Voting shall be voluntary.