Community Law Resource Group

TO WHOM IT MAY CONCERN

An Index and explanations

The Process of making law in Australia is flawed, and will remain flawed unless and until the legal profession confines itself to executing the law instead of making it by legal interpretation. The proper and lawful way that a Law is made is a three part process by reference to documents attached to this submission. They are:

(1)   The passage of a Bill through both Houses of Parliament and its submission to a Vice Regal person, for the royal assent.

(2)   The giving of Royal Assent by either the Governor General or a delegate of Her Majesty Elizabeth the Second, by Royal Sign Manual.

(3)   The Enrolment of the assented Bill in the Supreme Court in accordance with S 22 Australian Courts Act 1828 for when it is enrolled it becomes a universally binding Deed, to which every person is bound,  knowing that it complies with all the provisions of the Australian Constitution  because the Supreme Court has a duty, under S 15A Acts Interpretation Act 1901 ( Cth) to ensure all Acts are made within the Constitution.

The S 22 Australian Courts Act 1828 is contained within the bundle of Documents, ( Pages 85-93 and 109-110)  but also reproduced here:

SECTION XXII And be it further enacted, That every Law or Ordinance so to be made as aforesaid, shall within Seven Days from the Date thereof, be transmitted by the Governors of the said Colonies respectively to the said Supreme Courts, to be there enrolled and recorded, and at the expiration of Fourteen Days from the Day of the Date thereof every such Law or Ordinance so to be made as aforesaid shall take effect and be binding upon all His Majesty’s Subjects and others within the said Colonies respectively, until His Majesty’s Pleasure shall be known ; but if before the Expiration of the said term of the Expiration of Fourteen Days the Judges of the said Supreme Courts respectively, or either of such Judges, shall transmit to such Governor a Representation that any such Law or Ordinance is repugnant to this Act, or to any Charter or Letters Patent, or Orders in Council issued in pursuance hereof, or to the Laws of England, then and upon the Receipt of any such Representation such Governor shall suspend the Operation of such Law or Ordinance until the same hath been brought by him, together with such Representation as aforesaid, under the Review of the said Legislative Council ; and if upon Review by the said Governor in Council of the said Ordinance the said Governor in Council shall adhere to such Ordinance, a written Notice of such Resolution shall forthwith be transmitted by the said Governor to the Judges of the said Supreme Court ; and such Ordinance shall thenceforward, take effect and be binding upon all His Majesty’s Pleasure shall be known, any Repugnancy or supposed Repugnancy of such Charter, Letters Patent, or Orders in Council as aforesaid, or to the Laws Of England, not withstanding ; and such Judges shall and they are hereby required, in any such Representation as aforesaid, to state fully and at length the Grounds of such their Opinions ; which Representation shall be forthwith transmitted by such Governor to His Majesty through One of His Majesty’s Principal Secretaries of State.

The Annotated extracts from the Watson and Watson Crimes Act 1914, are there to prove that to refuse to exercise federal jurisdiction in accordance with the common law, with a jury when requested to do so is a crime.

The List includes: Crimes Act 1914 ( Cth)

(1) Page 1. S 3AA State Offences that have a federal aspect.
(2)  Page 2-3S 3A  that the Act applies throughout the Commonwealth.
(2A) Page 4 An indictment or information that alleges that offences were committed “in Australia” is sufficient.
(3) Page 5.  S 4A  defining indictment to include an information and a presentment, and bringing every offence or contentious issue within S 80 Constitution.
(4)Page 5:S 4AA defining a penalty unit as $110: S 4AB conversion table..
(5) Page 6: S 4B  giving the formula to convert a term of imprisonment to a fine for individuals and corporations.
(6) Page 8: S 4D defining the way penalties must be read.
(7) Page 8: S 4E allowing a Magistrate sitting as a federal magistrate to be a Judge in Chancery and sit summarily, where there is no contest or denial of liability.
Page 9 S 4G Crimes Act 1914 ( Cth) a command to a Magistrate to refuse an indictment and try matters summarily and illegally. Must be read down by reference to S 15 A Acts Interpretation Act 1901 ( Cth) and the Pape Decision. Pages 27-31
(8) Page 13: S 42 Conspiracy to defeat justice. A major conspiracy by the Legal Profession, .25 of one percent of the population to enslave the rest by asserting a monopoly on the function of Judge, and a monopoly on representatation in Courts, so constituted.
(9) Page 14 The elements of this conspiracy are made out when a Solicitor or Barrister conspire with a Judge or Magistrate to deny a jury trial, or a Registrar refuses to file a document to start a federal proceeding, relying on a written conspiracy made in Rules of Court for authority to do so. A crime complete when a Magistrate fails, as in Page 11A and 11B to amend an information to make it an indictment , or presentment (Page 5) and remit the matter to the County Court for trial with a jury only.                                                                
(10) Page 15: S 43 Attempt to pervert the course of justice. The course of justice in respect to the judicial power of the Commonwealth is pereverted every time a person is forced to accept the judgment of another single person,( Judge or Magistrate)  over his or her objections. ( see S 79 Constitution for judges)

(11) S 44 Crimes Act 1914 ( Cth) allows a matter to be compromised by mutual agreement, provided the matter is not one of public interest.

The common law is legislated for Australia by S 80 of the Judiciary Act 1903 in the following terms:
JUDICIARY ACT 1903 - SECT 80

Common law to govern

So far as the laws of the Commonwealth are not applicable or so far as their provisions are insufficient to carry them into effect, or to provide adequate remedies or punishment, the common law in Australia as modified by the Constitution and by the statute law in force in the State or Territory in which the Court in which the jurisdiction is exercised is held shall, so far as it is applicable and not inconsistent with the Constitution and the laws of the Commonwealth, govern all Courts exercising federal jurisdiction in the exercise of their jurisdiction in civil and criminal matters.

The attached bundle of documents are submitted to prove that a Magistrate or Judge  may not refuse to exercise federal jurisdiction, and that when he or she does, his or her jurisdiction is unlimited by any legislation passed by any State parliament, but must be exercised subject to all Commonwealth laws or the matter is one for action by the Australian Federal Police. .

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THE ARGUMENT FOR JURY TRIAL

1. Pages 1-17 are extracts from the Crimes Act 1914 Annotated, that prove all proceedings are in reality indictments and that everyone is entitled to put the course of justice in respect of the Judicial Power of the Commonwealth in motion, and when they do so are defined as Commonwealth Public Officials.  
   
   
2. Pages 18-20 The first document is the High Court case of Yanner V Eaton (1999) HCA 53. ( 7^th October 1999) in which a Magistrate in Queensland ruled a State Act of Parliament invalid, and had his decision endorsed by the High Court. The solicitor was the now Attorney General of Victoria, Robert Hulls. Document 1
   
   
3. Pages 21-25 The second is a printout of a Textbook on the Judicial Process which refers to the powers of a magistrate when exercising Federal Jurisdiction. Document 2
   
   
4. Page 26- 30 The third is an extract from Pape V The Commissioner of Taxation ( 2009) No 23 of 2009,  where the High Court held S 15A Acts Interpretation Act 1901 ( Cth) a valid and uncontroversial Act. Document 3.
   
   
5. Page 31: Document 4 is the words of S 15A Acts Interpretation Act 1901 ( Cth)

ACTS INTERPRETATION ACT 1901 - SECT 15A

Construction of Acts to be subject to Constitution

                   Every Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

1. Pages 32- 38: Document 5 is an extract from Lane v Morrison, ( 2009) No 29 of 2009, explaining that a court, is a gathering with the Sovereign present.
   
   
2. Page 39: Document 6 is an extract from the Judiciary Act 1903 S 64 which states that a State is in law the same as an individual. JUDICIARY ACT 1903 - SECT 64 Rights of parties: In any suit to which the Commonwealth or a State is a party, the rights of parties shall as nearly as possible be the same, and judgment may be given and costs awarded on either side, as in a suit between subject and subject.
   
   
3. Pages 40-41: Document 7 is an extract from the Evidence Act 1995, (Cth) Dictionary defining every Act of the Crown as business. Part 2 – Other Expressions

1  References to businesses

             (1)  A reference in this Act to a business includes a reference to the following:

                     (a)  a profession, calling, occupation, trade or undertaking;

                     (b)  an activity engaged in or carried on by the Crown in any of its capacities;

                     (c)  an activity engaged in or carried on by the government of a foreign country;

                     (d)  an activity engaged in or carried on by a person holding office or exercising power under or because of the Constitution, an Australian law or a law of a foreign country, being an activity engaged in or carried on in the performance of the functions of the office or in the exercise of the power (otherwise than in a private capacity);

                     (e)  the proceedings of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament;

                      (f)  the proceedings of a legislature of a foreign country, including a House or committee (however described) of such a legislature.

             (2)  A reference in this Act to a business also includes a reference to:

                     (a)  a business that is not engaged in or carried on for profit; or

                     (b)  a business engaged in or carried on outside Australia.

1. Page 41: Document 8 is an extract from S 78B Judiciary Act 1903 Judiciary Act 1903
   JUDICIARY ACT 1903 - SECT 78B  Notice to Attorneys-General
    (1)  Where a cause pending in a federal court including the High Court or in a court of a State or Territory involves a matter arising under the Constitution or involving its interpretation, it is the duty of the court not to proceed in the cause unless and until the court is satisfied that notice of the cause, specifying the nature of the matter has been given to the Attorneys‑General of the Commonwealth and of the States, and a reasonable time has elapsed since the giving of the notice for consideration by the Attorneys‑General, of the question of intervention in the proceedings or removal of the cause to the High Court.
   (2)  For the purposes of subsection (1), a court in which a cause referred to in that subsection is pending:
    (a)  may adjourn the proceedings in the cause for such time as it thinks necessary and may make such order as to costs in relation to such an adjournment as it thinks fit;
   (b)  may direct a party to give notice in accordance with that subsection; and
   (c)  may continue to hear evidence and argument concerning matters severable from any matter arising under the Constitution or involving its interpretation.
    (3)  For the purposes of subsection (1), a notice in respect of a cause:(a)  shall be taken to have been given to an Attorney‑General if steps have been taken that, in the opinion of the court, could reasonably be expected to cause the matters to be notified to be brought to the attention of that Attorney‑General; and
   (b)  is not required to be given to the Attorney‑General of the Commonwealth if he or she or the Commonwealth is a party to the cause and is not required to be given to the Attorney‑General of a State if he or she or the State is a party to the cause.
   (4)  The Attorney‑General may authorize the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of a cause by reason of this section.
   (5)  Nothing in subsection (1) prevents a court from proceeding without delay to hear and determine proceedings, so far as they relate to the grant of urgent relief of an interlocutory nature, where the court thinks it necessary in the interests of justice to do so.
   
   
2. Page 42: Document 9 is three extracts from the Australian Constitution S 61, 70 and 126.
   COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 61
   Executive power
   The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor‑General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth SECT 70
   Certain powers of Governors to vest in Governor-General
   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, or in the authority exercising similar powers under the Commonwealth, as the case requires.
   SECT 126
   Power to Her Majesty to authorise Governor-General to appoint deputies [see Note 14]  The Queen may authorise the Governor‑General to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any part of the Commonwealth, and in that capacity to exercise during the pleasure of the Governor‑General such powers and functions of the Governor‑General as he thinks fit to assign to such deputy or deputies, subject to any limitations expressed or directions given by the Queen; but the appointment of such deputy or deputies shall not affect the exercise by the Governor‑General himself of any power or function.
   
   
3. Page 43: Document 10 is S 39 (2) Judiciary Act 1903 extract : JUDICIARY ACT 1903 - SECT 39 Federal jurisdiction of State Courts in other matters
   (1)  The jurisdiction of the High Court, so far as it is not exclusive of the jurisdiction of any Court of a State by virtue of section 38, shall be exclusive of the jurisdiction of the several Courts of the States, except as provided in this section.
   (2)  The several Courts of the States shall within the limits of their several jurisdictions, whether such limits are as to locality, subject‑matter, or otherwise, be invested with federal jurisdiction, in all matters in which the High Court has original jurisdiction or in which original jurisdiction can be conferred upon it, except as provided in section 38, and subject to the following conditions and restrictions:
   (a)  A decision of a Court of a State, whether in original or in appellate jurisdiction, shall not be subject to appeal to Her Majesty in Council, whether by special leave or otherwise.
   Special leave to appeal from decisions of State Courts though State law prohibits appeal
   (c)  The High Court may grant special leave to appeal to the High Court from any decision of any Court or Judge of a State notwithstanding that the law of the State may prohibit any appeal from such Court or Judge.
   
   
4. Pages 44-69: Documents 11 and 12 are two extracts from the High Court explaining s 39 (2) Judiciary Act 1903. They are Kable and Forge.
   
   
5. Pages 70-72: Document 13: In 1915 the High Court decided in the King v Kidman ( 1915) 20 CLR 425 that there is only One course of justice in Australia and that stems from the Australian Sovereign.
   
   
6. Consequent upon Documents 1-13 reproduced above, and annexed hereto, in 1903 when S 39 (2) Judiciary Act 1903 was enacted, the magistrates in every Magistrates Court in Australia became Commonwealth Magistrates, with full power to exercise the judicial power of the Commonwealth on behalf of Her Majesty Elizabeth the Second, and their jurisdicdtion was placed beyond the power of the State Parliaments to regulate or control.
   
   
7. Page 73 and 74 Document 14 is a true copy of the first page of the British Act for the Regnal Year 1900, showing the Seal that must be affixed to all legitimate legislation under the Australian Constitution by reference to S 22 Australian Courts Act 1828 on Page 90.
   
   
8. Page 75: Document 15 is a Document from South Australia displaying the legitimate Seal Royal Arms and Royal Identifier  .
   
   
9. Page 76: Document 16 is a document from New South Wales showing the legitimate Seal, and Royal Identifier but still showing no Lion of Judah as evidence it is enrolled as required by S 22 Australian Courts Act 1828. .
   
   
10. Page 77: Document 17 is a document from New South Wales showing an illegitimate Seal.
    
    
11. Page 78: Document 18 is a document showing the Great Seal of Australia, but not the Sovereign’s Seal or Royal Identifier.
    
    
12. Page 79: Document 19 is a Document from Queensland showing the Sovereigns Seal. Dated 1987.
    
    
13. Page 80 Document 20 is a copy of the Holy Bible printed by Cambridge University bearing the Sovereigns Seal. This clearly indicates that the common law of Australia is set out in the Holy Bible and that the Authorised King James Version is the Official version sanctioned by Her Majesty Elizabeth the Second,  and has been the English Constitution  since 1215 when the Barons of England extended the benefits of Christianity to all free men under the King.
    Its Provisions include:
    (a) A reference to the Sceptre  of government in Genesis 49 Verse 10. The Sceptre shall not depart from Judah until Shiloh come.
    (b) A Reference to Jesus Christ in Isaiah 7 Verse 14, where the coming of Jesus Christ is predicted. 
    (c) A reference to the Government being on his shoulders in Isaiah 9 verse 6.
    (d)The Book of Matthew 18 Verses 15-20 is reproduced in the Magna Carta as a Statute, in Document 21.
    (e) The separation of powers between Administrative functions vested in Almighty God by the Holy Bible is divested to Jesus Christ in John 5 Verses 22 and 23.
    (f) Jesus Christ himself a man, felt Himself bound by his teaching in Matthew 7, verse 1, that He not be a Judge, and also by Matthew 7 Verses 7-12  where a Judge must give relief when requested, in the name of Almighty God, unless the giving of such relief would be harmful to another believer. In such a case Jesus Christ  in Luke 11 verses 10-12,  has provided that the Holy Spirit shall be the Judge, because when two or three are gathered together in his name, He is Himself present, in spirit if not in the flesh. ( Matthew 18 Verse 20). 
    
    
    
14. Page 83 Document 21 is the Coronation Oath 1688 ( Imp) reproduced from Halsbury’s Statutes of England (1960), with the Magna Carta .   
    
    
15. Pages 84-92 Document 22: The Australian Courts Act 1828 S 22 and 24. S 24 is is exactly the same a s 3 Constitution of Victoria, and the Laws of England apply here in this State. S 11 Australia Act 1986 continues the Australian Courts Act 1828 except s 15.
    
    
16. Pages 94-108 are pages from the Criminal Code Act 1995.
    
    
17.  Pages 109-110 are a clearly transcribed true copy of sections of the Australian Courts Act 1828.
    
    
18. Pages 111 – 113 are the relevant pages from the Style Manual.
    
    
19. Pages 114 – 117 are the documents showing the Royal Identifier  on the Australian Constitution and Acts of Victoria prior to the Australia Act 1986.

CONCLUSION

The documents submitted above clearly demonstrate that every Magistrate is a delegate of Her Majesty Elizabeth the Second, and as such is representative of the only true Sovereign, in the Commonwealth of Australia.

To remove the Queen from the civil and criminal processes of the Victorian Courts renders them unfit to accept and exercise the judicial power of the Commonwealth and as such this is a matter that comes within the jurisdiction of the Australian Federal Police and the Governor General.

Subject only to the restrictions on Her Majesty Elizabeth the Second herself, imposed by the Habeas Corpus Act 1640 16 Charles 1 Ch X, and the Imperial Acts precedent to the Commonwealth of Australia Constitution Act 1900 including the Australian Courts Act 1828 a Magistrate is a Sovereign entity, when he or she constitutes a court, if the litigants agree, or a person who has power to remit the matter to a higher court, for trial with a jury if the contentions of the parties cannot be resolved. E.g. ( Magistrates Court Rules 2009 ( Victoria) Rule 35.03 Directions).