20140502-G. H .Schorel-Hlavka O.W.B. To MR Tony Abbott PM - Kevin Andrews and Joe Hockey - Etc

WITHOUT PREJUDICE Mr Tony Abbott MP Tony.Abbott.MP@aph.gov.au, info@pm.gov.
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Cc: Joe Hockey J.Hockey.MP@aph.gov.au Kevin Adrews Kevin.Andrews.MP@aph.gov.au Mathias Cormann c/o J.Hockey.MP@aph.gov.au 20140502-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM- Re correspondence
2-5-2014
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Tony, the National Commission of Audit seems to have made numerous recommendations but did it consider the true meaning and application of the constitution as such how their recommendations could fit within constitutional principles? What is the use to have 15 recommendations if they ignore what is constitutionally appropriate? While some items may be addressed without being in conflict with the true meaning and application of the constitution still, the first question always must be asked if it is permissible within constitutional context as to avoid overlooking it. This in fact should be with any legislation also. 20 I do not propose to raise all issues that were canvassed by the National Commission of Audit for the mere fact I havent even a clue about what it addressed Age Pension 25 Disability Payment Education Family Home 30 GST Income tax 35 National Disability Insurance Scheme Politicians-public servants-party environment Private Health Insurance 40 Sport
p1 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
SUBJECT MATTERS
Age Pension
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Hansard 21-1-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. HOWE.-Then my sub-section will take the place of subsection (24). The amendment is to insert as a new sub-section. Invalid and old-age pensions. I have been long of opinion, after giving a good deal of thought to this question, that it could be more effectually dealt with by the Federal Parliament than by the Government of any individual Australian state. When we come to trace the history of this question we find that all the great philanthropists, and many leading statesmen, of the world are endeavouring, by all the means in their power, to solve the problem of how best to provide for the deserving and aged poor. We know that some of the countries in the old world have already adopted legislation dealing with this question, and we know that others are on the eve of doing so. Australasia has not been altogether asleep with regard to this question. Several of these colonies have, from time to time, appointed commissions to inquire into the question, and the province which I have the Honour to belong has recently appointed a Royal commission to inquire into the subject. We are a little behind one part of Australasia. I refer to New Zealand. That country has already passed through one branch of her Legislature a measure dealing with the question. We are more favorably situated for legislation of this kind than many of the countries in the old world inasmuch as our poor are [start page 7] not so numerous in proportion to the population; neither is their misery so great. It therefore follows that this ulcer of our civilization will be more amenable to judicious treatment. I know this is not the time nor place to discuss in detail the various systems which have been adopted by some countries, or the systems which have been formulated on broad lines of thought; neither, indeed, is it the time nor place for me to enter into detail with regard to systems, although there are one or two which I prefer. But I cannot conceive of any country being better situated to pass legislation of this kind with a greater likelihood of success than our own country. Here we have an extensive continent, divided from the rest of the world by thousands of miles of ocean, where the workers must essentially be almost always Australians, whose interests will be mutually bound together by kindred ties, and must always remain so. Therefore, we have a better opportunity for legislature successfully on a question of this kind than they have even in some countries in which the system obtains, I am quite willing to admit that the question of old-age pensions is one of great magnitude; but, looking at our isolated position, no country is more favorably situated for carrying out such a system. It is admitted on all hands that the existing means adopted for dealing with this great ulcer of our civilization are altogether inadequate, and that it is imperative that some other system more in keeping with the times should be adopted. I hope when it is adopted that system will not take from the people their self-respect. There is no reason why those who receive pensions from the State should be looked upon with contumely. Does any one speak with scorn of those who at present are pensioners of the State-men who have given their best services to the country, who have neglected their own interests in rendering those services? Certainly not. Then why should not the humblest worker in Australia, or in any other country, participate, perhaps in a more modest degree, in those privileges which at present exist? I know that when we review the industrial conditions obtaining at the present time, pervaded as these are with machinery the most efficient that the brain of man can devise, we find therein another reason why there is so much suffering, particularly among the aged, because all these factors tend to give the pride of place to youth and activity rather than to age and experience. I know there are records which prove conclusively that the virtue of thrift has been practised to a great extent by the people of Australia; the records of our financial institutions, savings banks, benefit and building societies, all show that that is the case. They show that the thrift practised by the people of Australia is unparalleled in the history of the world. But there is another side to this question, and a very gloomy and sorrowful side indeed. There are records of bankruptcy, of reckless, and in some instances corrupt, management, when the hard earnings of the people and the savings of a lifetime have been swept away-have melted away like snow before the noonday sun. Through this reckless and corrupt management men who thought they had provided for their old and declining age found themselves stranded on the cheerless shores of charity, and many of them have had to accept even amongst ourselves the pauper's lot. The pauper's lot in p2 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
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Australia or in any other country is to the deserving poor one of the saddest and darkest blots on our civilization. END QUOTE
5 Hansard 21-1-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention) QUOTE Mr. HOWE.The Right Honorable Mr. Chamberlain, in speaking on this subject, denounced the present system obtaining for the relief of the aged poor. He said that of all the workers of Great Britain one out of every two, if he has attained to the age of 65 years, has to seek parish relief. As he said-"This inadequate provision for old age is a disgrace to the nation, and a danger to all social order. " I have given this subject considerable study, and I have come to the conclusion that any system to be effective must be compulsory. We are met sometimes by people who dearly love liberty-and no one loves liberty more than I do myself-who say that it would be an encroachment upon the liberty of the subject if we compelled people to contribute to an old-age pension fund. All direct taxation, however, is compulsory, and I presume direct taxation is necessary for the good government of the country. If that be the case, does it not follow that a compulsory contribution to an old-age pension fund is for the good government of the people? and, more than that, it will wipe away for ever the stigma of pauperism from the people of Australasia. I hope we shall be able to formulate a Bill-I have no doubt we shall-that will be acceptable to the people of Australia, and be adopted by them; but I hope that the Draft Constitution which will be submitted to the people will contain amongst its provisions the power which I respectfully wish to insert. I am sure that if it does contain such a provision the measure will not be the less acceptable to the people of Australasia. END QUOTE
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25 I am not going to argue that the Age pension should be increased, beyond the CPI increases, not because I do not hold it would not need to be but because it would side track from my intentions to write about certain issues. One issue seems to be by the National Commission of Audit that the family home should be included in asset calculations. What effectively this may result to is that people wouldnt bother 30 to try and remain to live independent by saving during their life being it by paying mortgage, etc, because those who would gamble, drink etc, their monies away would be rewarded with age pension full entitlements while those who live in a moderate form to try to have a near comfortable retirement would be so to say punished and receive less than the full pension. Now that doesnt means that a person on a pension should own a multi-million dollar home but 35 that the pension excludes the family home below a certain value, and only the balance is considered for purpose of an asset test. It means that say of the average property were to sell for about $800,000,00 in a major city such as Melbourne then if a person has a family home say valued for 1.2 million dollars then this $400,000.00 above the average value is considered for the asset test. 40 . However, such asset test should be considered on a local basis, this as a person could have a family home in a country area that might be merely worth say $50,000.00 and yet be above the average of homes in that Area. As such, I view the family home should be rated upon the average in the relevant area. 45 As I also will allude to regarding disability payments, I view it should be based upon the ordinary living expenses in the place one resides. As such with the Age pension, if a person moves to a country that say the daily cost of living is only one tenth of that in the Commonwealth of Australia, then the payment should be adjusted accordingly. After all, payments are supposed to be based on real cost of living and the intention of the CPI increases is to reflect this. 50 Rates in a country area for a residential property is generally far less than that in a major city. Likewise rates in a foreign country also may likely be far less because of a far lower cost of living in that other country. While it may be argued that this kind of scheme may then have people moving to countries where there is a higher cost of living, but in my view the maximum to reside in another country 55 should never be that which is applicable in the Commonwealth of Australia.
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It should be recognised, as my wife (now 81 years) made clear she paid during her working life for her pension (As I understand it the Federal Government introduced decades ago a percentage for old age pension and this remains in place) and as such she paid for her pension and should not be held accountable for the mismanagement of any Federal government. After all, it is the Federal government which wasted money left, right and centre and as indicated previously Joe Hockey as son as he was commissioned as treasurer reportedly handed to the private company called the Reserve Bank of Australia about $8 billion, without any Appropriation Bill for this having been enacted. As such, lets not just blame former Governments as clearly Joe Hockey participated in a spending spree I view was unconstitutional. As such take the about $8 billion back as it was never authorised by a Appropriation Bill, and the Framers of the Constitution made clear that any form of expenditure of monies from the Consolidated Revenue Funds must be authorised by an Appropriation Bill by the Parliament. Why then should Age pensions have to suffer because Joe Hockey is so to say playing Santa Clause with the monies he had no right to. Even if he was to argue that the Commonwealth of Australia had borrowed this monies from the Reserve Bank of Australia, nevertheless he still needed an Appropriation Bill to be passed by the Parliament because the monies were from the Consolidated Revenue Funds. It would obviously be of interest to discover if the Reserve Bank of Australia made a political donation to the Liberal Party in regard of the election and now basically was handsomely rewarded for this. Lets be clear about it my wife and I try to live to avoid overspending and much of the repairs needed to be done I do around the house. It is by this we are living within our budget. Now, We had Prime minister Julia Gillard who had for some reason the Federal government upgrading her Altona property, even so it was not her official residence, and yet she sold it after the election with a huge profit and yet why didnt the Federal Government reclaim the monies such as for the bollard, which I view never should have been in the first place been paid for by the Federal government. Where indeed was the Appropriation Bill to permit this kind of expenditure, where this was not part of the ordinary Appropriation Bill for annual expenditure? As the Framers of the Constitution made clear that even funding for those affected by fire would require a special Appropriation bill. Besides of it being unconstitutional to pay for any office of a former Prime minister and further associated expenditure such as a chauffeur driven car, free flights, etc, where are the Appropriation Bills for each such former Prime Minister, former Governor-General and former Members of Parliament which all are claiming monies for expenses and unconstitutional superannuation and yet it seems not a single Appropriation Bill for each such separate expenditure, not being the ordinary annual expenditure, seems not to have been passed by the Parliament. It therefore appears to me that before considering attacking the entitlements of those on an age pension it would be better to organise current expenditure and reign in all those unauthorised and unconstitutional expenditures. You may find this unconstitutional and unauthorised expenditure will amount to billions of dollars. So, would it not be appropriate that as Joe Hockey claimed even politicians will have to feel the consequences of cuts (well that is the message I understood he was given) he actually shows to have the guts to stop the rorting by former politicians? But I suspect that National Commission of Audit never bothered to address the issue of unauthorised/unconstitutional payments regarding former politicians, etc, because after all some of them would then also be cut off from those unauthorised/unconstitutional payments. So clear the National Commission of Audit was and must also be deemed bias where they fail to expose the rorting by themselves. As such, well cut from those who are entitled but do not cut from those who are not entitled to payments as rorting the system obviously is not their concern. Age pensions are receiving an Age pension because they are entitled upon it. And having the National Commission of Audit making recommendations without any regard to their own theft
(as that is what it really amounts to) from the Consolidated Revenue Funds then I view its credibility is so to say shot to pieces. As a CONSTITUTIONALIST I would have no issue to provide recommendation which I view would be appropriate within the context of the true meaning and application of the constitution 5 but I do not accept that there was a competent National Commission of Audit addressing expenditure and the limitations of this, etc, where it failed to address to reign in the unconstitutional/unauthorised payments to former politicians, etc. The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution; 10 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention) QUOTE Mr. CLARK.for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him. END QUOTE
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In my view fundamental rights includes an appropriate level of financial support by the Federal Government as intended by the Framers of the Constitution but not one that somehow allows people so to say move to a country where the cost of living is much lower and yet still receive the 20 pension as if they are having the cost of living of that of Australia. Also the Federal Government should clampdown on States (including municipal/shire councils) to increase charges for pensioners above the CPI as it undermines the intentions of the Commonwealth of Australia. . 25 HANSARD 1-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.The position with regard to this Constitution is that it has no legislative power, except that which is actually given to it in express terms or which is necessary or incidental to a power given. 30 END QUOTE Clearly the Commonwealth had the incidental powers to legislate as to the CPI increases and therefore the States must be bound by this to comply with this and not infringe upon the intentions of the Commonwealth of Australia. 35 Show you got balls and stick up for the Federal Government policies!
Disability Payment
It appears to me there should be a rethink about what the true meaning and application is about 40 disabilities, pensions, etc. When the Framers of the Constitution were debating the need for a pension, etc, they made clear that people are moving from colony to colony (now from State to State) and so it would be more appropriate that the Commonwealth of Australia would provide for disability and old age pensions. 45 There was nothing to me to indicate that the framers of the Constitution intended to support people not residing within the Commonwealth of Australia with disability payments. As I understand it Commonwealth payments are based upon Australian conditions and I for one cannot accept that if a person moved to another country where weekly payments are a mere fraction of what is applicable in Australia that then such a person nevertheless should be paid the 50 level of payment as if still residing in Australia. As such, for so far it is deemed appropriate I
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view that payments should be adjusted pending the ordinary cost in that country in which the person has moved. . I also view that it would be plain nonsense to argue that a person needs to reside in Bali for the temperature to have a better way to live because of a back injury (as was reported in the media) where surely in some parts of Australia simular weather conditions exist. In my view anyone who is a resident of the Commonwealth of Australia who is deemed eligible to receive a disability pension then should be prohibited to move away from Australia without the permission of the Government to do so as otherwise the person would no longer be entitled to receive the disability pension. Also, by law it should be prohibited for anyone person upon disability pension to move to another country which doesnt have a treaty in place governing the payment of disability payments. In my view, unless a person say for an operation in a foreign country requires for a number of weeks to reside in that foreign country for an operation, any travel abroad by a person ion a disability pension should be prohibited as a matter of principle unless special Ministerial permission was provided. As such, a severely disabled person who really is a disabled person (not some make do person) may obtain a Ministerial approval whereas a person who claims a backache may be denied. After all, what stops a person to move to Australia just so as to then work and quickly claim a disability payment and then move back to his/her own country living there like a millionaire because of the low cost of living there? That I view the Framers of the Constitution never intended. Also, why should a person living abroad be able to obtain disability payments if the person may very well be outside the scrutiny of the Government if this person is employed in a job not supposed to be done and for which disability payments are being made. In my view ordinary without special Ministers consent payments should be stopped regarding disability payments the moment a person leaves Commonwealth of Australia. Perhaps what should be done is that a person on disability support payments is placed under the supervision of the country he/she moved to and payments are made under strict conditions that a periodic appreciation is made about the person and failing such assessment then the payments will automatically stop. As such place the onus upon the supporting disability payment to ensure periodic assessments are attended to. Essential is that no tribunal, other than a court of law, can overturn a Ministers decision. It is in my view ridiculous that an administration tribunal can somehow rule contrary to a Ministers decision. We have a responsible Minister and I view you cannot hold a Minister responsible if an administrative tribunal can willy nilly overturn a Ministers decision. Even with persons who claim asylum but the minister has refused this must be stopped from being allowed to be overturned. For example where a person convicted of murder in another country was deported from the Commonwealth of Australia, and rightly so as the framers of the constitution made clear the Commonwealth could prevent criminals from entering the Commonwealth of Australia, and yet this deported criminal having re-entered under a false identity, then allegedly got a woman pregnant and used this successfully in court to overturn the Ministers decision for to be deported again. In my view the Courts conduct was in defiance of the intention of the Framers of the constitution and I view such ability to go to the court for a convicted murderer to be allowed to stay makes a mockery of the responsibility of the responsible Minister. The ability of a person to enter Australia, get a job then fake some injury and then move back to his/her native country while bludging on a disability support payment must be stopped.
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Education
I have in the past indicated the Commonwealth of Australia should but out from education as it has no business to get involved with it other than to make payments and that should be organised 5 appropriately. I will not go into details about this, having done so in the past but safe for making payments per student it should but out of the education website and trying to dictate the States how to conduct education. .
Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
10 Australasian Convention)
QUOTE Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education question-and the Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each state might say-"We are favorable to this law, because we shall get 100,000 a year, or so much a year, from the Federal Government as a subsidy for our schools," and thus they might wink at a violation of the Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate provisions for the amendment of the Constitution? Why should we not say that the Constitution may be amended in any way that the Ministries of the several colonies may unanimously agree? Why have this provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to occupy a few minutes in discussing it. END QUOTE
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. We need to go back to basics as to what is or isnt permissible within the true meaning and 25 application of the constitution.
Family Home
As indicate above the family home is not necessarily a luxury, rather than for goods citizenship 30 those who lived a careful land modest live to at least provide themselves with a roof above their head are not ending up so to say being punished. Maintain a family home also cost money. The last thing that is needed is to have people at old age having to rely upon the States to provide them with a residence because to do so themselves over their working life would end up being denied their rightful entitlement to a pension. As such, any cut back, other than indicated above 35 already, and would enhance a greater drain on social service of a State or Territory because demand for housing would then be even greater.
GST
40 As indicated under the heading Income tax once a Commonwealth tax always a Commonwealth tax and hence I view the National Commission of Audit allegedly recommending for the states to raise GST clearly is in my view sheer and utter nonsense. Moreover it is an unconstitutional tax as it is so to say a tax both on the railing and the post. 45
https://au-mg6.mail.yahoo.com/neo/launch?.rand=bcaul03hi4k6d QUOTE Napthine Government announces $25 base increase for car registration. Jim Annual vehicle registration is a scam and an infringement on our constitutional right of passage and travel, and our human right to freedom of movement upon the roads that we already pay many taxes fo To Andrew K.Bruce & Gail H.Daniel Bodkin and 26 More... p7 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
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Today at 3:54 PM Annual vehicle registration is a scam and an infringement on our constitutional right of passage and travel, and our human right to freedom of movement upon the roads that we already pay many taxes for roads infrastructure and maintenance. Exercise your constitutional and civil rights to dissent and protest against paying unfair and excessive vehicle registration tax that conditionally limits your right of passage and travel. Also wasn't the state government supposed to save hundreds of millions of dollars annually by abolishing the printing and mailing of vehicle registration labels? This fee increase is unjustifiable greed and the government will get away with it as usual because most people just grudgingly accept it.
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Meanwhile the politicians are exempt from paying vehicle registration taxes because they receive publicly funded vehicle and fuel allowances, on top of their generous salaries and other benefits. Jim
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Napthine Government announces $25 base increase for car registration
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Herald Sun Matt Johnston April 24, 2014 2:20PM
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VICTORIAN motorists will be slugged almost $800 in car registration payments next year after the Napthine Government revealed a $25 base increase. The fee hike will see the base registration for a car hit $270. When inflation increases, insurance and stamp duty components are added in, Victorian drivers face a $791.91 registration renewal charge next year. The hike was announced as a revenue measure ahead of the Victorian Budget.
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It will raise $137 million next year. Is the rego hike justified? Have your say below Stamp duty on the purchase of new or used cars will also increase, by about $40 for a $20,000 car. Treasurer Michael OBrien said he understood the measure would not be welcomed by motorists, but it was important the government presented a responsible budget that enabled it to pay for infrastructure upgrades.
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The $25 fee increase for motor vehicle registration amounts to less than 50 cents a week, he said. We appreciate that any increase in car rego is not likely to be welcomed, but we do note that we will be delivering major transport infrastructure in this budget that will be of direct benefit to Victorians. The stamp duty increase will raise $37.5 million in 2014/15, while the light vehicle registration fee increase will raise $99.3 million.
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Mr OBrien said Victorias share of GST revenue was to blame for the registra tion and stamp duty increases. Victorias GST share is down from 90 cents in the dollar to 88 cents, creating a $286 million shortfall, he said. The additional charges would fund major transport infrastructure projects to be announced in the May 6 budget, and support opportunities for workers in Victorias ailing car industry, he said. p8 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
The registration fee for a light vehicle will be $270 in 2014/15. The stamp duty increase will raise $37.5 million in 2014/15, while the light vehicle registration fee increase will raise $99.3 million. Mr OBrien said Victorias share of GST revenue was to blame for the registration and stamp duty increases.
with AAP http://www.heraldsun.com.au/news/victoria/napthine-government-announces-25-base-increase-for-carregistration/story-fni0fit3END QUOTE
10 Quick & Garran

678 QUOTE COMMENTARIES ON THE CONSTITUTION 255 . Shall be of No Effect."
[Sec. 55]
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The next important point discussed was whether a law violating the rule forbidding the combination of taxation with any other matter, or the rule forbidding a tax Act to contain more than one subject of taxation, should be void in toto, or should b e void only to the extent of the irrelevancy, or to the extent of the additional subjects. Mr. G. H. Reid moved that the prohibition should not invalidate any part of law which did not infringe the provisions of the Constitution, and that if any law imposing taxation contained more than one subject of taxation, the tax first in order of enactment should be taken to be properly passed. (Conv. Deb., Melb., p. 2O89.) This amendment was negatived by 27 to 15 votes feeling, however, prevailed in the Convention that some provision should be made in the Constitution, to effect that only the parts of the Act in which the forbidden matter existed shou ld b e invalid. At a later stage MR. Reid moved the insertion of the words "and any provision therein dealing with any other matter shall be of no effect." This amendment was accepted without a division. Conv. Deb., Melb., 2415.)
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256, "One Subject of Taxation Only."

By the first paragraph of the section, laws imposing taxation must deal only with the imposition of taxation. If the section contained no other limitation regulating and restricting the exercising of the taxing power there would be nothing to prevent the House of Representatives from sending to the Senate a bill containing a number of separate and independent taxes. The section, however, goes on to enact that laws imposing taxation shall, with the exception of those relating to customs and excise, deal with one subject of taxation only. It is necessary to explain the object of this limitation. By the second paragraph of sec. 53, the Senate is deprived of the power to amend tax bills, but it may, constitutional ly reject them. In order to maintain its right to veto, in detail, each specific tax to which it objects, without thereby involving the rejection of other taxes of which it approves , the Constitution prohibits the combination of taxation proposals ; it requires each proposed tax to be submitted by the House of Representatives to the Senate, in a separate bill. This procedure being followed the Senate can exercise its discretion with respect to each tax, without being coerced to pass a tax to which it objects , in order to carry a tax which it desires. In this respect the Senate will have greater control over taxation than the House of Lords enjoys. The Papers Duties Precedent may be here referred to in illustration of the manner in which sec. 55 will operate in strengthening the Senate. In 1860, the Commons
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256.]
POWERS OF THE PARLAMENT
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determined to balance the year's ways and means by an increase of the property tax and stamp duties, and the repeal of the duties on paper. The increased taxation had already received the assent of Parliament, when the Lords rejected the Paper Duties Repeal Bill; and thus overruled the financial arrangements voted by the Commons. That House was naturally sensitive to this encroachment upon its privileges; but the Lords had exercised a legal right, and their vote was irrevocable during that session. The Commons, therefore, to maintain their privileges, recorded upon their journal, 6th July, resolutions affirming that the right of granting aids and supplies
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to the Crown is in the Commons alone; that the power of the Lords to reject bills relating to taxation "is justly regarded by this House with peculiar jealousy, as affecting the right of the Commons to grant the Supplies, and to provide the ways and means for the service of the year; and that to guard, for the future, against an undue exercise of that power by the Lords, and to secure to the Commons their rightful control over taxation and supply, this House has in its own hands the power so to impose and remit taxes, and to frame bills of supply, that the right of the Commons as to the matter, manner, measure, and time may be maintained inviolate. In accordance with these resolutions, during the next session, the financial scheme of the year was presented to the Lords for acceptance or rejection as a whole. The Commons again resolved that the paper duties should be repealed: but, instead of seeking the concurrence of the Lords to a separate bill for that purpose, they included in one bill the repeal of those duties with the property tax, the tea and sugar duties, and other ways and means for service of the year; and this bill the Lords were constrained to accent. The budget of each year has since that occasion been comprised in a general and composite Act - a proceeding supported by precedent. In 1787, Mr. Pitt's entire budget was comprised in a single bill; and d uring many subsequent years great varieties of taxes were imposed and continued in the same Acts.{Mays Parl. Prac. 10 th ed. pp. 550 1.) From this precedent it appears that the Commons have the right to send to the Lor ds a single scheme of taxation embodying the repeal of old taxes and the imposition of new taxes; the function of the Lords being, in such a case, limited to a simple assent to the whole scheme or a simple negative of the whole scheme. Such a composite or general tax bill could not be submitted by the House of Representatives to the Senate; it would be unconstitutional, the maxim being "one tax one bill" , except in the case of bills dealing with customs and excise. We have now to consider what will be the consequence if Parliament should, whether by accident or design pass a law imposing taxation, yet dealing with more than one subject of taxation--a law, say, imposing an income tax and a stamp duty. A proposal that the tax standing first in order in the enactment should be valid, whilst the other, or others, next in order should be null and void, was rejected by the Convention. No provision is made in the Constitution, therefore, for segregating the taxes and providing for the validity of one and the nullity of others. Where the Constitution intends that one portion of an Act only shall be of no effect and the rest operative it is so expressed. The only conclusion is that an Act embodying a plurality of taxes would be absolutely and completely ultra vires.
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END QUOTE
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Income tax
If anything to me may indicate the sheer and utter nonsense, at least as was reported by the 40 media, was the recommendation by the National Commission of Audit as to permit the States to raise income tax. As shown below, one a Commonwealth tax it always remains to be so and cannot be reverted back to the states. The Commonwealth must provide for a uniform taxation and even if it were proposed to allow a state to raise an income tax (besides it being unconstitutional) they couldnt 45 raise a separate level of tax pending in which State/Territory one resides because any so called delegated taxation powers still must remain uniform. If therefore you had one or more former Ministers on the National Commission of Audit than clearly he/she/they didnt have a clue what is constitutionally permissible. What a sheer waste of monies having such a kind of National Commission of Audit. Lets look at some quotations; 50
HANSARD 3-4-1891 Constitution Convention Debates QUOTE Sub-clause 3. Raising money by any other mode or system of taxation; but so that all such taxation shall be uniform throughout the commonwealth.
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Sir HARRY ATKINSON: Do I understand that the Convention is prepared to give to the federal parliament the power of levying taxation, without at the same time taking over the debts of the colonies? I venture to say that, if you do, there must of necessity be several bankrupt colonies before long, because you take away the power of taxation which each colony possesses. I want to know, if you take away the power p10 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
from our state parliament to levy customs duties, how the state can raise sufficient revenue to pay its way? If anyone can tell me, I shall be happy to hear the answer. Mr. MCMILLAN: Direct taxation! END QUOTE
HANSARD 3-4-1891 Constitution Convention Debates QUOTE [start page 677] Mr. THYNNE: Before the clause is passed I would like to reply to the argument of the hon. member, Mr. Deakin. He stated that in certain circumstances the power of taxation by the local state parliaments would be undoubtedly affected by the provisions of the bill. In clause 3, chapter v, it is provided that when the law of the state is inconsistent with the law of the commonwealth, the law of the commonwealth shall prevail. It is quite easy to realise circumstances under which a tax, say upon land, might be imposed by the state, and made a first charge upon property, and a similar impost might be levied by the commonwealth; but the state law would have to come second, and the, commonwealth would, therefore, have the first helping out of the fund for providing that particular tax. END QUOTE
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Clearly, the intention to pass on legislative powers of income tax to the Commonwealth was held to prevent the States to continue any income tax. With the failure of what is now s96 of the constitution the politicians at the time opposed the referendums and they failed. Then the 20 premiers Conference introduced what is now known as s96. However, it was clear that the Framers of the Constitution were concerned about bankruptcy of a State and not to use s96 for all kind of nonsense as now is done.
Hansard 22-9-1897 Constitution Convention Debates
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The Hon. R.E. O'CONNOR (New South Wales)[3.18]: The moment the commonwealth exercises the power, the states must retire from that field of legislation. END QUOTE . Hansard 30-3-1897 Constitution Convention Debates QUOTE Mr. REID: We must make it clear that the moment the Federal Parliament legislates on one of those points enumerated in clause 52, that instant the whole State law on the subject is dead. There cannot be two laws, one Federal and one State, on the same subject. But that I merely mention as almost a verbal criticism, because there is no doubt, whatever that the intention of the framers was not to propose any complication of the kind. END QUOTE . Hansard 30-3-1897 Constitution Convention Debates QUOTE The Hon. R.E. O'CONNOR (New South Wales)[3.18]: We ought to be careful not to load the commonwealth with any more duties than are absolutely necessary. Although it is quite true that this power is permissive, you will always find that if once power is given to the commonwealth to legislate on a particular question, there will be continual pressure brought to bear on the commonwealth to exercise that power. The moment the commonwealth exercises the power, the states must retire from that field of legislation. END QUOTE . Hansard 2-3-1898 Constitution Convention Debates QUOTE p11 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
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Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is no doubt that it will be exercised. END QUOTE
HANSARD 3-4-1891 Constitution Convention Debates QUOTE Clause 54. Laws appropriating any part of the public revenue, or imposing any tax or impost shall originate in the house of representatives. Mr. WRIXON: I would suggest a trifling amendment in this clause. I think that the word "laws" is not a very happy expression as applied to measures appropriating public revenue. I think it better to keep to the old phraseology of "bill." It is quite true that a money bill is a law. Mr. CLARK: It does not appropriate till it is a law! Mr. WRIXON: There is a difference between money bills, when they become laws and other bills, as we all may see by the preamble of an appropriation act and the preamble of different bills granting money. They are, in fact, grants of money by the taxpayers to the government. There is an awkwardness in using the word "laws" instead of "bills." It may give a certain force to the contention that money bills are like other bills, and are to be dealt with in the same way; but except for that I do not think it is the best term to use, and I should prefer to have the word "bills" inserted instead of "laws." I move: That the word "laws" be omitted with the view to insert in lieu thereof the word "bills."
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HANSARD 11-3-1898 Constitution Convention Debates QUOTE
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I apprehend that the real meaning is that free course of trade and commerce between different parts of the Commonwealth is not to be restricted or interfered with by any taxes, charges, or imposts.
END QUOTE Hansard 16-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. ISAACS (Victoria).In the next sub-section it is provided that all taxation shall be uniform throughout the Commonwealth. An income tax or a property tax raised under any federal law must be uniform "throughout the Commonwealth." That is, in every part of the Commonwealth. END QUOTE . Hansard 19-4-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. MCMILLAN: I think the reading of the sub-section is clear. The reductions may be on a sliding scale, but they must always be uniform.
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QUOTE Sir GEORGE TURNER: No. In imposing uniform duties of Customs it should not be necessary for the Federal Parliament to make them commence at a certain amount at once. We have pretty heavy duties in Victoria, and if the uniform tariff largely reduces them at once it may do serious injury to the colony. The Federal Parliament will have power to fix the uniform tariff, and if any reductions made are on a sliding scale great injury will be avoided. END QUOTE . Hansard 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.But it is a fair corollary to the provision for dealing with the revenue for the first five years after the imposition of uniform duties of customs, and further reflection has led me to the conclusion that, on the whole, it will be a useful and beneficial provision. END QUOTE Hansard 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.On the other hand, the power of the Commonwealth to impose duties of customs and of excise such as it may determine, which insures that these duties of customs and excise would represent something like the average opinion of the Commonwealth-that power, and the provision that bounties are to be uniform throughout the Commonwealth, might, I am willing to concede, be found to work with some hardship upon the states for some years, unless their own rights to give bounties were to some extent preserved. END QUOTE Hansard 31-3-1891 Constitution Convention Debates QUOTE Sir SAMUEL GRIFFITH: 2. Customs and excise and bounties, but so that duties of customs and excise and bounties shall be uniform throughout the commonwealth, and that no tax or duty shall be imposed on any goods exported from one state to another; END QUOTE Hansard 11-3-1898 Constitution Convention Debates QUOTE The CHAIRMAN.Taxation; but so that all taxation shall he uniform throughout the Commonwealth, and that no tax or duty shall be imposed on any goods passing from one state to another. END QUOTE Hansard 11-3-1898 Constitution Convention Debates
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40 QUOTE Mr. BARTON (New South Wales).That all the words after the word "taxation" where it is first used be struck out, and that the following words be substituted:-"but not so as to discriminate between states or parts of states, or between goods passing from one state to another." END QUOTE
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Hansard 13-3-1891 Constitution Convention Debates QUOTE Mr. MARMION: I am afraid I have scarcely made myself understood. I have not said anything as to the uniformity of the duty. I do not know whether the customs duties, excise or import, would be uniform; but the case I put is this: Supposing an excise duty were levied on tobacco in Western Australia of 1s. per 1b. The manufacturer would have to pay the duty in the first instance, and later on the consumer would have to pay it. At the same time, the tobacco grown in South Australia, Victoria, and New South Wales would enter the colony duty free. Mr. PLAYFORD: But there would be an excise duty all over the colonies!
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Mr. MARMION: Then, I fear I have misunderstood the question; but I thought an excise was a duty imposed upon internal, and not upon external, productions. I have never read of an excise duty referring to productions outside of the country in which the duty was levied. p13 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
Mr. J. FORREST: It is generally understood to be a duty levied upon home productions! Mr. MARMION: Then my argument, I take it, is applicable! Mr. DONALDSON: I think we ought to make haste slowly in this matter. It would be only right that the federal parliament should have the right to levy an excise duty upon spirits, tobacco, and beer. These are three items subject to excise at the present time. But suppose the parliament were to go a little further, it might possibly put an excise duty upon sugar, and, as far as I know, there is only one colony in this group at the present time which grows sugar. Mr. GORDON: Excise would include licenses! Mr. FITZGERALD: The states representative would see to those matters!
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Mr. DONALDSON: I believe an excise would also include a stamp duty. I should like to have this matter fully considered. It is getting late, and in the absence of the mover of the resolutions I think they might now be postponed until our next sitting. I therefore move: That the Chairman do now leave the chair, report progress, and ask leave to sit again. END QUOTE
15 And, the truth is the same with the purported State land taxes. Since the Commonwealth on 11 November 1910 created the Land Tax Office, the forerunner of the ATO (Australian Taxation Office) then States/Territories no longer can raise land taxes and so neither municipal /shire councils using its delegated powers they had originally to raise rates. As the High Court of 20 Australia in 1904 in Sydney Council v Commonwealth made clear that rates by councils was a delegated power of taxation derived from the states. The fact that the Commonwealth abolished land taxes doesnt mean it no longer is a Commonwealth legislative power. The Framers of the Constitution made clear that once a Commonwealth legislative power then always a Commonwealth legislative power and a reversal of such legislative powers is not provided for 25 within the true meaning and application of the constitution. But where are those with balls in government to protect citizens against these unconstitutional rates (taxes)?
HANSARD 1-3-1898 Constitution Convention Debates
30 QUOTE Mr. GORDON.The court may say-"It is a good law, but as it technically infringes on the Constitution we will have to wipe it out." END QUOTE
35 So, if you want to talk about reforming matters then yes let do it within the context of the true meaning and application of the constitution and not despite of it.
National Disability Insurance Scheme

40 There is little I will state about this as I view it is and was an utter scandal that those in government were filling their own pockets no matter how unconstitutional while depriving those disabled, and I mean the real and not pretend disabled from appropriate support and services. 45 THE MORALS OF A SOCIETY CAN BE MEASURED AS TO HOW IT LOOKS AFTER THE DISABLED
I created this slogan and mean it. We have disabled left in hospitals and retirement places despite this being highly unsuitable for them, in particular the young, where the Commonwealth by the provisions of the constitution since federation had the legislative powers to address this issue. 5 Politicians of all colours are so to say I am all right jack I make sure to be able to rob the Consolidated Revenue Funds for decades after I leave the seat of Parliament and the hell with the rights of the disabled. In my view it should be mandatory for every politicians to help out at a nursing home where disabled are kept inappropriately to spend a week there to learn how it is for the disabled. Do you really think that parents are asking for a child to be born disabled so they 10 can find an ignoring government to blatantly deny their child their constitutional rights? In my view the National Disability Insurance Scheme is a necessity that cannot be ignored. We shouldnt have to question if it should or shouldnt be fully funded as it should be by right it is fully funded. 15
Politicians-public servants-party environment

As shown below being a candidate to be a member of parliament originally required (prior to 20 Federation) to be a holder of a certain land value, etc, but with the federation this changed to be a voter hence the deposit and up to 100 signatures for nominations is in violation of the intentions of the Framers of the Constitution as embedded in the constitution. No use to claim to be a conservative and claim to be for the monarchy when you really are betraying the general community and prevent ordinary citizens having the right to be 25 voters then to stand for Parliament by making an obstacle course to prevent many to be candidates. Many of the retired electors could perhaps be elected and use their wisdom of life to govern and without any unconstitutional superannuation scheme or decades of such a unconstitutional superannuation scheme payable from Consolidated Revenue Funds. It would therefore keep public expenditure considerable lower. 30
HANSARD 18-3-1891 Constitution Convention Debates QUOTE Sir GEORGE GREY: In moving the motion which I have just read, I wish now to remark that I believe the decision to which the House has come on this subject is one of the most important decisions that perhaps any chamber has ever come to-that is as affecting the whole future of the continent of Australasia. I now feel quite satisfied in my own mind that this Convention will arrive at a definite recommendation, which will be made to the various states which it desires to see enter into the federation which it is now attempting to form. I feel further satisfied that if such a federation be entered into, it will, under the system which we shall be able to establish, last for all time. That is, perhaps, from period to period the different states may vary their constitutions, perhaps almost destroy one constitution and put another in its place; but upon the whole such satisfaction and contentment will prevail throughout the entire federation that it will be lasting, and of the utmost durability. Now, the object which I had in view in preparing the resolution which I submitted to the House, and of which this is really a repetition in a shorter form, was this: that in every other federal constitution which I have seen or known, the first thing done was to form the states, and to assign to them their powers. In the case of the United States, that was unnecessary, for they already had full powers and almost the same form of government; and they have retained very nearly that form of government ever since, with slight variations from time to time, perhaps ultimately in the course of years amounting to considerable changes. I believe that exactly [start page 487] the same thing, will take place in Australasia. And unless this were done, which I now propose, I do not believe that for many years there would be a firm federation established on this continent. And for this reason, that undoubtedly in some of the constitutions of the states, antiquated forms have been introduced without the consent of the inhabitants having been obtained; which antiquated forms were, in many cases, opposed, as, I believe, to the wishes of the majority of the inhabitants of the states, and which it would have been impossible almost to have altered without great difficulty, owing to the form in which their legislatures were constituted. That is, by either having a nominated upper house, or by the upper house being fettered by conditions now unknown absolutely in other countries-such, for p15 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
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instance, as a money qualification in the members. In England that has been absolutely abolished. In my youth no man could take his seat in the House of Commons unless he had 600 a year if he was a member for a county, or 400 a year if he was a member for a borough; and that qualification in the case of counties was required to be in land. Now, the result of that was that a large number of persons who had no such qualification really got into the houses of parliament. But they got in in this way: that, being the sons or relations of very wealthy men, their relations conveyed to them the day before the election an estate in land of the required value. That estate was held until the election was over, and then it was reconveyed to the person who had made the conveyance in the first instance. The result of that was necessarily that many avenues of usefulness in political life were closed against everybody, but those who were either wealthy themselves or who had wealthy relations who were inclined to help them. I was surprised, indeed, when I found that with that experience staring them in the face, they had in some colonies of Australia-certainly in one-gone back to the old system and established a property qualification. I have no doubt that under the terms of this resolution, the recommendation of this Convention will go in this direction, that is, that they will require no qualification at all in the member, except to be a voter; that they will approach, in point of fact, very nearly to what is the present rule in Great Britain, which is, or, was, regarded as a most aristocratic country. If that is done throughout Australasia, the result will be, if the people at the same time have the power of electing their lieutenant-governors, that every great post but one in the whole of Australasia will be open to every man of ability, or of such ability or of such force of character, or occupying such relations of public life, as will secure him the votes of a large constituency; and an immense amount of talent that under other circumstances would be shut out from serving the state will have a fair opportunity open to it, and there can be no doubt that numbers of able men will, under such a system, be found who otherwise would have remained undiscovered, useless to their country, and probably many great measures will hereafter be carried which could not have been carried under any other system than that which I am convinced will be recommended for adoption. I cannot help thinking that the advantage of getting this amount of ability and energy into play is almost wholly over looked, and, but very little conception is as yet formed of the spur that will be given to enterprise and energy, and all that can make men happier and better off by opening all these places of great importance to every, single citizen of each state in the confederation. This was lately very forcibly impressed upon my mind. I will just give an example of what I mean, and what I think, perhaps, the future [start page 488] legislature will agree to. END QUOTE HANSARD 30-3-1897 Constitution Convention Debates QUOTE Mr. DEAKIN: The Constitution we seek to prepare is worthy of any and every personal sacrifice, for it is no ordinary measure, and must exercise no short-lived influence, since it preludes the advent of a nation. Awed as I feel by the fact that we come from, that we speak to, and that we act for a great constituency, awed as I feel in the presence of those who sent us here, I am more awed by the thought of the constituency which is not visible, but which awaits the result of our labors-we are the trustees for posterity for the unborn millions, unknown and unnumbered-whose aspirations we may help them to fulfil and whose destinies we may assist to determine. (Applause.) END QUOTE HANSARD 30-3-1897 Constitution Convention Debates QUOTE The Governor-General will call to his Council six or seven gentlemen whom he thinks capable of being the first Ministers in the Commonwealth. He will certainly not choose all protectionists or all freetraders, but strong, capable, and able politicians, representative of the views of all classes of the community, and there will be no mandate of the people about it. END QUOTE HANSARD 13-9-1897 Constitution Convention Debates QUOTE The Hon. Sir W.A. ZEAL: The hon. member is altogether wrong; he cannot see [start page 376] anything good in connection with the Legislative Council of Victoria. If we had the inestimable advantage of that hon. member's presence for a month or two he might alter his opinion. The hon. member speaks entirely from theory. It seems to me that this question is one of great importance. Our House has taken a great liking to the system of voting by post. It does so on this ground: that where we have elections in districts principally populated by farmers and pastoralists great difficulty is experienced in getting the voters to come to the poll. A farmer will not leave his business to come in and record his vote. 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seems to me that in the majority of cases we might get a large number of voters to record their votes, and thus take part in the elections. END QUOTE
5 HANSARD 17-9-1897 Constitution Convention Debates

QUOTE The Right Hon. Sir G. TURNER: Why encumber the bill with it if that is all it means? I take it that if the government of the day were within a few months of the expiration of parliament, they would not rush for a penal dissolution. The object of the provision is that if disputes arise in the early life of a, parliament, there will be some means of going direct to the people and having the question settled at once, without waiting two and a half years for parliament. to expire. It can surely never be intended that this dissolution is only to come into operation on the expiration of parliament by effluxion of time. That would be too absurd, and I am sure that my hon. and learned friend never intended such a thing END QUOTE
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15 Instead of having A ONE SIDED Government putting its own political aspirations before general community it was clearly held that to create a government of the competent and capable from the diversion of political views might be better. A mixture of different political aspirations may work much better. After all Ministers of 20 crown are appointed to be constitutional advisors to the Governor-General to serve general community and not themselves. Or their particular political philosophies.
HANSARD 4-3-1891 Constitution Convention Debates QUOTE Sir HENRY PARKES:
the the the the
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The resolutions conclude: An executive, consisting of a governor-general, and such persons as may from time to time be appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend upon their possessing the confidence of the house of representatives expressed by the support of the majority.
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What is meant by that is simply to call into existence a ministry to conduct the affairs of the new nation as similar as it can be to the ministry of England-a body of constitutional advisers who shall stand as nearly as possible in the same relation to the representative of the Crown here [start page 27] a her Majesty's imperial advisers stand is relation to the Crown directly. These, then, are the principles which my resolutions seek to lay down as a foundation, as I have already stated, for the new super structure, my object being to invite other gentlemen to work upon this foundation so as to best advance the ends we have in view. END QUOTE
As I understand it you (TONY ABBOTT) stated; (Kitchen Cabinet 8.00pm 2-5-2014 ABC Television) 40 QUOTE As a leader you no longer have a private view but a corporate view.
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You statement: 45 QUOTE Better to seek forgiveness then to ask for permission
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But as you stated you cannot always use this. Lets make sure you will not use this against 50 taxpayers to abuse your powers and then seek to seek apologise afterwards because this is not what leadership is about when you are elected as an agent for the constituents. .
HANSARD 17-3-1898 Constitution Convention Debates QUOTE p17 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
Mr. BARTON.- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE
5 While we have the incorporation of the Commonwealth of Australia in the District of Columbia, this I view is in violation of section 44 of the constitution, just as a starter. So, get rid of this nonsense and ensure that the Commonwealth of Australia is and remains to be by the people for the people. 10 The Framers of the Constitution held (as shown below) Australia was over-governed and regretfully instead of ensuring the divided legislative powers kept each government within its legislative powers we found that the Commonwealth is intruding upon areas such as environment, health, education, sport, etc and so causing undue duplication of cost to tax payers. 15 And the states now have started to set up offices in foreign countries, legislating in regard of weight and measurements, etc, and it seems there is no one to stop this rot and dual burden upon taxpayers. And, for the ordinary taxpayers to seek to challenge this in the courts may more than likely result in being shafted by the judiciary as they rather serve so to say their political masters. Hence a VELVET REVOLUTION may don upon us earlier then you might expect, as to 20 reclaim our constitutional and other legal rights. After all why pay some adviser about $8444,000.00 a year where we pay a Minister of the Crown to do the job? As such why have a Minister of the Crown at all? What we have is a gross abuse of public service and we must rethink if we really need so many public servants and in the end up in a financial mess as we are now which only underlines we have too many public servants. It also proves that paying huge 25 sumps of moneys to people in government is not at all any assurance that this will provide a better and more economical responsible Government. Indeed, if anything the huge payments prove the opposite. This, because politicians no longer are in it, as the Framers of the Constitution stated for the honour but for their own self-interest how they can get rich and very fat from the public purse. 30
HANSARD 25-3-1897 Constitution Convention Debates QUOTE Mr. CARRUTHERS: I presume also that the resolutions will provide for the committee reporting. I have a strong objection to a committee which will usurp the functions of the Convention in reporting recommendations. I should like them to examine into matters and get information, and let it be available to the members of the Convention. Not a day should be lost before steps should be taken to collect the information on the financial problems, so that we may at the proper time have before us facts and figures and data which we have not now. Any system of finance to be popular should be one which aims at economy, and throughout the whole of our federal ideas there should be an anxiety not to increase the machinery of government in Australia, but to diminish it. There is no country, I suppose, on the face of the earth that is so over-governed as Australasia. Mr. PEACOCK: Hear, hear. Mr. CARRUTHERS: With 4,000,000 of people we have seven Governors, seven Agents-General, fourteen Houses of Parliament, seven Postmasters-General, and several distinct Supreme Courts, whilst the whole work for over 40,000,000 of people in the United Kingdom is done by one Parliament and one head for all of these. It does seem to me manifestly wrong that we should attempt in any way to multiply rather than to lessen the machinery of government, and it will be doing good service if our efforts are directed at every point not to increase the expenditure of Australasia, but rather to diminish it-not to multiply governments, but rather to diminish them. Let the people have less intricacy in the forms of government under which we live; and this can very well be done in many directions which may be pointed out-the abolition of six out of the seven Agents-General and the appointment of one Governor-General, for example. I have no extreme anxiety to see in our Constitution a provision to impose upon the colonies seven Lieutenant-Governors receiving salaries, when the present Lieutenant-Governors, the Chief Justices, so p18 2-5-2014 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
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admirably fill the positions, which are to a large extent formal. I was very glad indeed to hear Sir George Turner speak so strongly in favor of having the Customs barriers on our borders absolutely removed. I was very glad to hear that sentiment so heartily reciprocated by our friends of South Australia. END QUOTE
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HANSARD 25-3-1897 Constitution Convention Debates QUOTE Mr. WISE: I will not deal further with the question. The interjection of Mr. O'Connor has summed up my ideas on the subject. Then there is the matter of the civil servants: and I would like to throw out a suggestion whether it might not be possible to insert some clause to prevent a danger in connection with the Civil Services. There will be undoubtedly an important and extensive Civil Service. If the Post and Telegraphs are taken over that will give a very large number of federal civil servants, and the Customs will considerably increase the number. Now, there must be retained in the Federal Executive the power to dismiss any servant, but it seems to me that power should not be exercised except for cause shown. A provision that the Federal Government should have to lay before the Federal Parliament the reasons for dismissal of servants would be some check upon arbitrary dismissals. Sir GEORGE TURNER: Would you put that in the Constitution? Mr. WISE: I can see no other course. It has taken 100 years for the United States to pass a Civil Service Act, and now it is not of very much value. If we get a party system, and follow it out in the appointment of civil servants, we will be initiating a system of corruption which would gain strength every day. Mr. ISAACS: Do not the evils in America arise from the position of the President? Mr. WISE: I know that the party system gains strength from causes which do not exist here, but we cannot hope to be entirely free from it. Therefore, I propose that this should be inserted: That all civil servants should hold office during good behaviour, or until they resign or are discharged by the Executive for cause stated. Mr. GORDON: You secure them like the judges? Mr. WISE: No; because judges are not dismissed for cause shown. [start page 117] Sir GEORGE TURNER: That will apply to telegraph messengers.
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Mr. GORDON: The two Houses will have to agree to the dismissal of a junior officer. Mr. WISE: I prefer that the power of dismissal should rest with the Executive, but the Executive should not have it in their power by the appointment of a commission to shirk their own responsibility, or have it in their power to work injustice to the Civil Service, and still less should they have the power to make places in the Civil Service as a reward for services rendered. In my speech I have endeavored to take up the threads of the argument used in the course of the debate rather than make a set speech. I have to thank the Convention for the attention it has given me, and I join Mr. Carruthers in expressing the belief that if we carry on our deliberations as we have begun, and show a readiness to make compromises where compromises are possible without sacrifice of principle, we will, before we conclude, produce a measure more adapted than was the Bill of 1891 to the requirements of the people of Australia.
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40 END QUOTE As indicated above if we have a government with balls and not a pretend government that rob Peter to pay Paul, then it would make clear that from today onwards every kind of payment that
is not authorised by an appropriation Bill and is not part of annual service of a department then must be stopped. Likewise the over spending by Department such as by the Future Funds and the bonuses and public servants getting reported $40,000.00 increase to get a yearly salary of $844,000.00 or thereabout underlines that we have a cancer within our government regardless 5 which political party is in power. No use to claim that even politicians are to suffer cut when in reality there is a lot of talk but no show for it. The so called GOLD PAS for former politicians and their family members is and remains to be unconstitutional, this as none of them are a holder of a seat in the Parliament. 10
Hansard 21-1-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Sir JOHN FORREST.-What about civil servants, who spend all their lives in the service of the State?
15
Mr. WISE.-We tax the rest of the community to pay pensions to the civil servants. END QUOTE
Members of Parliament, including Ministers of the Crown are not public servants! None of them are employed by the Commonwealth of Australia. None have any constitutional rights to claim 20 superannuation for having been a member of parliament and/or having been a Minister of the Crown. But I will not further dwell on this issue at the moment, safe to say the rorting and theft of Consolidated Revenue Funds by politicians and public servants seems to go on and on as the little that is or claimed might be done is not so to say touching even the tip of the iceberg, and this ongoing rorting/theft must stop and so before taxpayers are caused to do with less. After all 25 not the taxpayers but the politicians and public servants are in the first place at fault for causing these financial problems upon us all.
Private Health Insurance

30 How cowardly and ignorant politicians are can also be underlined that my 81 year old wife is scared to drop the ever increasing private health insurance because of the fear that if she falls ill she will not get in time required medical services. Yes, politicians make sure they have all the perks (lawful or not) for themselves and will not cut into that, other than pretending by words, but to terrorise an elderly person that she fears to be without private health insurance surely may 35 underline how low politicians are getting to gutter tactics. Politicians at every election are claiming they will address the problems in health, education, etc, and yet every subsequent election we hear the same repeated. We by far overpay politicians in Parliament and this is why I view we are getting crooks and liars who have no regard for the rights of people unless it served themselves. Having to pay from a pension this large amount of 40 private health insurance totally undermines the rate calculations of a pension. In my view it is a theft by stealth that should never be existing as such. We are not talking about someone earning a high income but someone living of a pension being slugged huge amounts and for what? Moist of the cost charged is actually for what is already covered by Medicare as to free public hospital bed and so I view the health service insurance companies should have to reduce the charges for 45 pensioners to omit this kind of charge. In my view it is gross dishonesty to charge a person for something that is actually available for free. I do not intend to go at this time more into details but safe to say there is plenty and again I view that the National Commission of Audit should have addressed this issue appropriately. Also, as to ensure that any Government rebate is not
ending up merely in pockets of highly overpaid managers of insurance companies instead of reducing the burden on public hospitals. Why not ensure that private health insurance ensure that its customers actually have access to private hospitals and will attend to them and not to public hospitals? After all, to enforce this would save tens of millions of dollars if not a lot more? 5
Sport
In my view s96 of the constitution if prostituted for reasons never anticipated by the Premiers. Indeed, the Framers of the Constitution defeated the insertion of s96. It was the subsequent 10 Premiers Conference that caused it to be inserted. And it was only to assist a State in dire financial problems and not to channel whatever through it. Therefore the funding of sport is not a constitutional power of the Commonwealth. Here again we can safe huge amount of monies by cutting from the Federal budget any monies associated with sports. A lot more can be stated about this but for the moment I will leave it by this as to the issue of 15 sport. GENERAL COMMENT If you are real and not some fake as to claim to be a conservative then prove it, because so far it 20 seems to me you have done nothing to really prove you are a monarchist , as all I see is that you use the monarchy to drive your own agenda. As such, pretending to be a monarchist while ditching the true meaning and application of the constitution for your own ideologies and personal interest. You got appointed as a Prime minister but not to flaunt your political agenda but as indicated 25 above to be a constitutional advisor to the Governor-General, a person who I view himself is a criminal by participating in the unconstitutional armed invasion into Iraq. But it seems to me getting him appointed as a Governor-General was to silence him to talk about the wrongdoing to invade Iraq. As it appears to me the same kind of conduct Julia Gillard used to appoint former lawyers to become judges. 30 Lets be clear about it I wrote on 22 July 2002 (This letter was published by me in my books in the INSPECTOR-RIKATI series)to the then Gen Peter Cosgrove that to invade Iraq would be unconstitutional without a DECLARATION OF WAR published by the Governor-General in the Gazette. Well, no such DECLARATION OF WAR was published and hence I view Peter 35 Cosgrove violated constitutional requirement and basically became a person participating in mass murder, crimes against humanity, war crimes, etc. And so all members of Government at the time. So, it seems appointing him Governor-General was so to say a sell-out. http://www.abc.net.au/news/2013-03-19/cosgrove-admits-mistakes-in-iraq-war/4581120 QUOTE 40
Cosgrove admits mistakes made in Iraq war

AMBy national defence correspondent C:\news\michael-brissenden\166894Michael Brissenden, and staff Updated Tue Mar 19, 2013 2:33pm AEDT
45 The man who led Australian forces during the Iraq war says that, 10 years later, he is not sure if the conflict made the world a safer place.
More than 100,000 civilians are reported to have died in the decade since US and allied forces rolled into Iraq to unseat dictator Saddam Hussein. C:\news\2013-03-19\ten-years-on-general-peter-cosgrove-looks-back-on\4581004C:\news\201303-19\ten-years-on-general-peter-cosgrove-looks-back-on\4581004Audio:C:\news\2013-035 19\ten-years-on-general-peter-cosgrove-looks-back-on\4581004 Peter Cosgrove looks back on Iraq war (AM) The war rapidly descended into a bitter struggle pitting coalition and Iraqi forces against insurgent groups as Sunni and Shiite groups jockeyed to fill the power vacuum left by the fall of Saddam. 10 This morning the UK-based Iraq Body Count (IBC) published a study which concluded that at least 112,000 civilians had been killed, and the overall death toll could rise as high as 174,000. General Peter Cosgrove was chief of the Australian Defence Force in 2003 when then-prime minister John Howard committed Australian troops in support of the US invasion. 15 There's been a lot of bloodshed along the way and that's always horribly regrettable, but all war is a mistake, all war. General Peter Cosgrove A decade later he says he has mixed feelings about the whole episode and he concedes big mistakes were made in the early part of the post-Saddam period. "We know so much more about the whole Iraq war and the aftermath, that looking back you'd 20 have mixed feelings about the whole episode," he said. "I suppose you'd cling to a few things - a horrible dictator eventually was removed and the people of Iraq have a new chance, even though they've had enormous suffering. "There's been a lot of bloodshed along the way and that's always horribly regrettable, but all war is a mistake, all war." 25 Ten years after the invasion of Iraq, do you think the world is a safer place? Have your say. Then-US president George W Bush said the war was necessary to remove Saddam and prevent him giving weapons of mass destruction to terrorist groups post-9/11, but General Cosgrove says he is uncertain about whether the Iraq war has made the world a safer place. "I think we all understood after 9/11 that there'd been a profound change in what might be called 30 the pervasive security aspirations of democratic countries, and Iraq was, if you like, a step along the way," he said. "Some may say a side-step, others may say an integral part of a new world. "In any event there was never going to be a sort of a line drawn under global terrorism as a result of Iraq." 35 C:\news\2013-03-18\iraq-war-10-year-anniversary-gallery\4580316C:\news\2013-03-18\iraqwar-10-year-anniversary-gallery\4580316Gallery:C:\news\2013-03-18\iraq-war-10-yearanniversary-gallery\4580316 Iraq war: 10 years on But General Cosgrove does not believe a "lie" about WMDs was used in order to supply a pretext for going to war. 40 "A lie presupposes [that] people deliberately contrived to invent a reason for war, and thats certainly not the Australian experience," he said. "The Australian approach to this is that on probabilities, Saddam, who had used WMDs against the Iranians and then against Kurdish people in Iraq, and had manufactured WMD and weaponised them with chemical agents etc, the probability [was] that he retained some, that these
were now arguably available for global terrorists. "That was, on probabilities, the reason why Australia joined the coalition, and we're still not persuaded that there was a lie involved in that." And he says the coalition and the occupation forces led by Paul Bremer, George W Bush's 5 presidential envoy to Iraq, did not adequately plan for the post-Saddam era. In particular, he criticised the decision to dismantle the apparatus of Saddam's ruling Ba'ath party. "Look, 20/20 hindsight shows that there were big mistakes made in the early part of the postSaddam period," he said. 10 "And yes, one might say the breaking up of the Ba'ath party, the breaking up of the Iraqi army, these did not, these were not in hindsight good decisions."
http://www.bbc.co.uk/news/world-21834937 15 Iraq 10 years on: 'Fools gold' intelligence 18 March 2013 Last updated at 21:37 GMT C:\news\help-21352667Help It has been 10 years since the start of the Iraq war and on this anniversary the BBC has learned that two key pieces of intelligence, which could have prevented the conflict, were either 20 dismissed or used selectively. The information came from two members of Saddam Hussein's inner circle, his head of intelligence and foreign minister, and said that Iraq did not have an active programme of weapons of mass destruction. But it has been claimed this information was rejected as propaganda. 25 Peter Taylor has this exclusive report.
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Iraq: The spies who fooled the world
http://www.bbc.co.uk/news/uk-21786506 30 18 March 2013 Last updated at 00:43 GMT
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Iraq: The spies who fooled the world

By Peter Taylor BBC News 5 The lies of two Iraqi spies were central to the claim - at the heart of the UK and US decision to go to war in Iraq - that Saddam Hussein had weapons of mass destruction. But even before the fighting started, intelligence from highly-placed sources was available suggesting he did not, Panorama has learned. Six months before the invasion, the then Prime Minister Tony Blair warned the country about the 10 threat posed by Saddam Hussein's weapons of mass destruction (WMD). "The programme is not shut down," he said. "It is up and running now." Mr Blair used the intelligence on WMD to justify the war. That same day, 24 September 2002, the government published its controversial dossier on the former Iraqi leader's WMD. 15 Advertisement The BBC has learned that two key pieces of intelligence, which could have prevented the Iraq war, were either dismissed or used selectively Designed for public consumption, it had a personal foreword by Mr Blair, who assured readers Saddam Hussein had continued to produce WMD "beyond doubt". 20 But, while it was never mentioned in the dossier, there was doubt. The original intelligence from MI6 and other agencies, on which the dossier was based, was clearly qualified. The intelligence was, as the Joint Intelligence Committee noted in its original assessments, "sporadic and patchy" and "remains limited". The exclusion of these qualifications gave the dossier a certainty that was never warranted. 25 Intelligence failure Much of the key intelligence used by Downing Street and the White House was based on fabrication, wishful thinking and lies.
Lord Butler says he was unaware of some intelligence that Saddam Hussein did not have WMD 30 As Gen Sir Mike Jackson, then head of the British Army, says, "what appeared to be gold in terms of intelligence turned out to be fool's gold, because it looked like gold, but it wasn't". There was other intelligence, but it was less alarming. Lord Butler, who after the war, conducted the first government inquiry into WMD intelligence, says Mr Blair and the intelligence community "misled themselves". 35 Lord Butler and Sir Mike agree Mr Blair did not lie, because they say he genuinely believed
Saddam Hussein had WMD. The most notorious spy who fooled the world was the Iraqi defector, Rafid Ahmed Alwan alJanabi. His fabrications and lies were a crucial part of the intelligence used to justify one of the most 5 divisive wars in recent history. And they contributed to one of the biggest intelligence failures in living memory. He became known as Curveball, the codename given to him by US intelligence that turned out to be all too appropriate. Continue reading the main story 10
Start Quote
I thought we'd produced probably the best intelligence that anybody produced in the prewar period End Quote Bill Murray Former CIA Paris station head
Mr Janabi arrived as an Iraqi asylum seeker at a German refugee centre in 1999 and said he was 15 a chemical engineer, thus attracting the attention of the German intelligence service, the BND. He told them he had seen mobile biological laboratories mounted on trucks to evade detection. The Germans had doubts about Mr Janabi which they shared with the Americans and the British. MI6 had doubts too, which they expressed in a secret cable to the CIA: "Elements of [his] behaviour strike us as typical of individuals we would normally assess as fabricators [but we are] 20 inclined to believe that a significant part of [Curveball's] reporting is true." The British decided to stick with Curveball, as did the Americans. He later admitted being a fabricator and liar. There appeared to be corroborative intelligence from another spy who fooled the world. Continue reading the main story 25
Panorama: Find out more
Peter Taylor presents Panorama: The Spies Who Fooled the World BBC One, Monday 18 March at 22:35 GMT Then available in the UK on the BBC iPlayer
30 He was an Iraqi former intelligence officer, called Maj Muhammad Harith, who said it had been his idea to develop mobile biological laboratories and claimed he had ordered seven Renault trucks to put them on. He made his way to Jordan and then talked to the Americans. Muhammad Harith apparently made up his story because he wanted a new home. His
intelligence was dismissed as fabrication 10 months before the war. MI6 also thought they had further corroboration of Curveball's story, when a trusted source codenamed Red River - revealed he had been in touch with a secondary source who said he had seen fermenters on trucks. But he never claimed the fermenters had anything to do with 5 biological agents. After the war, MI6 decided that Red River was unreliable as a source. Handmade suit But not all the intelligence was wrong. Information from two highly-placed sources close to Saddam Hussein was correct. 10 Both said Iraq did not have any active WMD. The CIA's source was Iraq's foreign minister, Naji Sabri.
Tahir Jalil Habbush Al-Tikriti said Saddam Hussein had no active WMD Former CIA man Bill Murray - then head of the agency's station in Paris - dealt with him via an 15 intermediary, an Arab journalist, to whom he gave $200,000 (132,000) in cash as a down payment. He said Naji Sabri "looked like a person of real interest - someone who we really should be talking to". Murray put together a list of questions to put to the minister, with WMD at the top. 20 The intermediary met Naji Sabri in New York in September 2002 when he was about to address the UN - six months before the start of the war and just a week before the British dossier was published. The intermediary bought the minister a handmade suit which the minister wore at the UN, a sign Mr Murray took to mean that Naji Sabri was on board. 25 Mr Murray says the upshot was intelligence that Saddam Hussein "had some chemical weapons
left over from the early 90s, [and] had taken the stocks and given them to various tribes that were loyal to him. [He] had intentions to have weapons of mass destruction - chemical, biological and nuclear - but at that point in time he virtually had nothing". The CIA insists the intelligence report from the "source" indicated the former Iraqi president did 5 have WMD programmes because, the agency says, it mentioned that, "Iraq was currently producing and stockpiling chemical weapons" and "as a last resort had mobile launchers armed with chemical weapons". Mr Murray disputes this account. The second highly-placed source was Iraq's head of intelligence, Tahir Jalil Habbush Al-Tikriti 10 the jack of diamonds in America's "most wanted" deck of cards which rated members of Saddam Hussein's government. A senior MI6 officer met him in Jordan in January 2003 - two months before the war.
Bill Murray says the "best intelligence" was not used 15 It was thought Habbush wanted to negotiate a deal that would stop the imminent invasion. He also said Saddam Hussein had no active WMD. Surprisingly, Lord Butler - who says Britons have "every right" to feel misled by their prime minister - only became aware of the information from Habbush after his report was published. "I can't explain that," says Lord Butler. 20 "This was something which I think our review did miss. But when we asked about it, we were told that it wasn't a very significant fact, because SIS [MI6] discounted it as something designed by Saddam to mislead." Lord Butler says he also knew nothing about the intelligence from Naji Sabri. Ex-CIA man Bill Murray was not happy with the way the intelligence from these two highly25 placed sources had been used. "I thought we'd produced probably the best intelligence that anybody produced in the pre-war period, all of which came out - in the long run - to be accurate. The information was discarded and not used." Panorama: The Spies Who Fooled the World, BBC One, Monday 18 March at 22:35 GMT 30 and then available in the UK on the BBC iPlayer.
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C:\news\uk-21824527 END QUOTE 25 Now, stop talking about promises when you cant keep them and finally prove you have the balls to be a Prime Minister as required within the true meaning and application of the constitution and not just what you may fancy it to be in violation of what is constitutionally permissible. 30 I look forwards to your details response, if any courtesy will eventuate as such. Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL

35
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Our name is our motto!)

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