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INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD

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WI THOUT PREJ UDI CE
Mr Joe Hockey 7-5-2014
J.Hockey.MP@aph.gov.au
5
Cc: Mr Tony Abbott MP Tony.Abbott.MP@aph.gov.au, info@pm.gov.au
Mr Clive Palmer Palmer United Party Admin@PalmerUnited.com

Kevin Adrews Kevin.Andrews.MP@aph.gov.au
10
Mathias Cormann c/o J.Hockey.MP@aph.gov.au

20140507-G. H .Schorel-Hlavka O.W.B. to Mr Joe Hoickey-
Joe,
I understood you were claiming that politicians also shall experience the consequences of the 15
budget cutback, or something to that effect. Well, lets get rid of any BS and let look at reality.
Firstly, cutting back on unconstitutional perks of firmer politicians, is not at all dealing with
politicians. Their unconstitutional and fraudulent living it up on cost of taxpayers from the
Consolidated Revenue Funds is not that it must be cut back but shouldnt exist at all and those
who did financial benefit of it so far should be ordered to repay every cent. 20
And now lets address some issues about current Members of Parliament.
In my previous correspondence I did allude to:
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 25
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
This means that not one or a coalition of political parties is taking government while the other 30
next major party is deemed to have the Leader of the Opposition as simply in our constitution
such a system doesnt exist.
The Commonwealth of Australia Act 1900 (UK)
QUOTE
64 Ministers of State 35
The Governor-General may appoint officers to administer such departments of State of the Commonwealth as
the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the
Federal Executive Council, and shall be the Queens Ministers of State for the Commonwealth.
Ministers to sit in Parliament 40
After the first general election no Minister of State shall hold office for a longer period than three months
unless he is or becomes a senator or a member of the House of Representatives.

65 Number of Ministers
Until the Parliament otherwise provides, the Ministers of State shall not exceed seven in number, and shall 45
hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General
directs.




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66 Salaries of Ministers
There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the
salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not
exceed twelve thousand pounds a year.
END QUOTE 5
Now, this is the only source within the constitution to provide for the employment of Ministers
of the Crown to act as constitutional advisor to the Governor-General.

HANSARD 4-3-1891 Constitution Convention Debates
QUOTE Sir HENRY PARKES: 10
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. 15
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 20
gentlemen to work upon this foundation so as to best advance the ends we have in view.
END QUOTE
There is simply now constitutional provision for a so called shadow cabinet let alone for them
being paid a salary, having an office at cost of taxpayers, etc.
What it really is that the major political parties like gangster mobs hijacked our constitutional 25
rights and have set up as a convention this unconstitutional and so illegal system of a shadow
cabinet. And, as you were part of this at the time of the 2013 federal election then you too were
by s44 of the constitution ineligible to be standing as a candidate in the election, as was Mr Tony
Abbott any many of your then shadow cabinet Ministers. And, likewise now Mr Bill Shorten and
his fellow purported shadow cabinet Ministers are now by s44 of the constitution automatically 30
precluded from being a Member of Parliament. So, before you rob a single cent from pensioners,
disabled and others, not that I would approve of it anyhow doing so, why not make sure you are
not full of BS and accept that your own theft of Consolidated Revenue Funds as a purported
Shadow Minister made you in eligible to be a Member of Parliament as the purported salary
disqualifies you from this. 35
The Commonwealth of Australia Act 1900 (UK)
QUOTE
44 Disqualification
Any person who:
(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or 40
a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any
offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer;
or
(iii) is an undischarged bankrupt or insolvent; or 45
(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out
of any of the revenues of the Commonwealth; or
(v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the
Commonwealth otherwise than as a member and in common with the other members of an incorporated
company consisting of more than twenty-five persons; 50
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But subsection (iv) does not apply to the office of any of the Queens Ministers of State for the
Commonwealth, or of any of the Queens Ministers for a State, or to the receipt of pay, half pay, or a pension,
by any person as an officer or member of the Queens navy or army, or to the receipt of pay as an officer or



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member of the naval or military forces of the Commonwealth by any person whose services are not wholly
employed by the Commonwealth.
END QUOTE
You see, Shadow Ministers are not listed as being excluded and hence they automatically
forfeit their seats when they receive a salary. The same with any Member of Parliament which 5
receive a financial benefit as if it is a salary or a benefit as superannuation which is related to a
salary.
Lets be clear about it, the Parliament can enact legislation but only that within its constitutional
powers. A shadow Ministry is not within constitutional powers. The House of Representatives
has no one superior than any other Member, albeit the Speaker is elected to be neutral to hold 10
peace and good order, etc. The Speaker has no powers to create a Shadow Ministry and neither
so the President of the Senate, as a Shadow Ministry is not an in-House matter upon which
either House can make rules about. Let alone dictate upon the other House to conform with one
House unconstitutionally may dictate. What may have been evolved in other parts of the world is
irrelevant to the true meaning and application of the constitution. Hence, if for example the UK 15
has a system of a leader of the opposition where it is not limited by a constitution as exist with
the federation into the Commonwealth of Australia then it has no bearing upon us. One cannot
pick and choose whatever might be preferable in other jurisdictions as we have a constitution and
only by this constitution is it that any Member of Parliament can have any position. Hence, if you
and/or others desire the system of another jurisdiction then you are free to go there and see if you 20
can get there elected but while you are claiming any rights as a Member of Parliament and that is
while legitimately holding a seat in the Parliament then like it or not you are bound by the true
meaning and application of the constitution.
HANSARD 17-2-1898 Constitution Convention Debates
QUOTE Mr. OCONNOR.- 25
We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our
own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above
Parliament, and Parliament will have to conform to it.
END QUOTE
Hansard 8-3-1898 Constitution Convention Debates 30
QUOTE Mr. OCONNOR.-
But these difficulties can be overcome by the proper consideration of the terms of the Constitution. I
submit that the question raised here is a very much more important one than it seems to be thought by
some honorable members. I think it is the very essence of the Constitution that we should preserve the
form which has been adopted here, and that we should make the necessity of its adoption imperative 35
upon the Government and the Parliament, subject to the liability of their acts being declared invalid by
the Supreme Court in the event of the directions of the Constitution not being followed.
END QUOTE

HANSARD 9-2-1898 Constitution Convention Debates 40
QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
END QUOTE
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE 45
Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the
Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the
provisions of this Constitution, the principles which it embodies, and the details of enactment by which
those principles are enforced, will all have been the work of Australians.
END QUOTE 50

HANSARD 17-3-1898 Constitution Convention Debates
QUOTE



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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
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of
the Constitution. . It is appointed not to be above the Constitution, for no citizen is above it, but under
it; but it is appointed for the purpose of saying that those who are the instruments of the Constitution- 10
the Government and the Parliament of the day-shall not become the masters of those whom, as to the
Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of
this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow
degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the
guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the 15
court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as
will preserve the popular liberty in all these regards, and will prevent, under any pretext of
constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere
of the Commonwealth.
END QUOTE 20

HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of
the Constitution. . It is appointed not to be above the Constitution, for no citizen is above it, but under 25
it; but it is appointed for the purpose of saying that those who are the instruments of the Constitution-
the Government and the Parliament of the day-shall not become the masters of those whom, as to the
Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of
this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow
degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the 30
guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the
court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as
will preserve the popular liberty in all these regards, and will prevent, under any pretext of
constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere
of the Commonwealth. 35
END QUOTE

As Members of Parliament, for which ever House are elected they are all deemed equal in the
Parliament, and only the elected President of the Senate of the Speaker of the House of
Representatives can deal with in-House rules of the relevant House, but not for the other House. 40
A government is not part of either Houses of Parliament and neither can be any so called
Shadow Ministry. To hold that an INDEPENDENT Member of Parliament (one not aligned to
any political party) then somehow had the leader of a political party determining if he/she can or
cannot ask question to me is utter nonsense. Why should the leader of one political party sit at
the despatch box as if he/she is the is the Leader of the Opposition where no such constitutional 45
system exist but is merely what the political parties amongst themselves fabricated as to defraud
the taxpayers to pay such Leader of the Opposition and other purported Members of the Shadow
Ministry additional monies and provide offices. As such, certain Members of Parliament by
being members of a political party have unconstitutional advanced themselves to have offices
and other perks not likewise provided to INDEPENDENT Members of Parliament or small 50
political party members. They have also gained staff for political purposes not provided likewise
to INDEPNDENT and members of small political parties. Something I understand Clive Palmer
also seemed to hold objectionable. Say, some people make a convention that they can speed over
the roads. A police officer (sentry) then stop them and makes clear no one is above the law. Do
you really hold the view that merely because of some unlawful convention then the persons 55
speeding are permitted to what they like without legal consequences? Likewise, with Members of
Parliament, who may have taken it upon themselves to defraud the Commonwealth of Australia,



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so the taxpayers Consolidated Revenue Funds they cannot excuse themselves for their own
convention to defy the constitution but must be held legally accountable.
In my view if there is a shred of honour within you than you will immediately acknowledge that
you are illegimate holding a seat in the Parliament, and so also many others.
Did you as a former member of parliament, once the writs were issued for the 2013 federal 5
election and the House of Representatives was dissolved, still use the Parliamentarian email
address of J.Hockey.MP@aph.gov.au, this even so at that time you were actually no longer a
Member of parliament until the writs were returned and you were sworn in to the seat elected
for? Did you use travel and other expenses as a Member of Parliament after the writs were issued
even so you were no longer a Member of Parliament? For sure you were after the election (Well 10
more than a week later) commissioned to be a Minister of the Crown but you were still not a
Member of Parliament until finally after the writs were returned you had made an oath to accept
to be a Member of Parliament. So, before you start going after people claiming they may be
falsely claiming benefits perhaps you should not look at the splinter in the eyes of others but to
the trees in your own eyes. 15
Lets stop this utter BS from you about politicians, and lets get real about what is
constitutionally permissible.
Do understand the above is not even the tip of the iceberg because there is a lot more to it all.
As such, why not show some common decency and resign and make sure that finally anyone
appointed as a Minister of the crown actually us a competent constitutional advisor as the 20
legal principle embedded in the constitution provides for.
Who is to say that the leader of a major party can proclaim to be the Leader of the Opposition, as
this is nothing more but robbing other members of parliament as equal in the House. Again, the
in-House Rules cannot provide for a leader of the opposition because it is not a specific
competent House rule.What we have is basically that the major partiers has hijacked our 25
constitutional rights and conduct themselves as gangster

Hansard 1-3-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? 30

Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a
state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry.
As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole
constituency behind the Federal Parliament will be a sentry. 35
END QUOTE

Hansard 8-3-1898 Constitution Convention Debates
QUOTE Mr. HOLDER.-
Surely there would be at least one representative out of the whole Senate and one member of the House 40
of Representatives, who would have individuality enough, and strength enough, to get up and challenge
the order of any particular measure which might be disorderly under this clause of the Constitution.
Mr. ISAACS.-They would not all sit on the same side of the House.
Mr. HOLDER.-I should think not. They would not all be Ministerialists, or all members of the
Opposition, or all members of any particular party; and I cannot believe that any Bill which contained 45
anything objectionable at all could pass through both Houses of the Federal Legislature without
finding some one member of either of the two Houses who would rise to a point of order, and have such
a Bill laid aside of necessity as being out of order under this provision.
END QUOTE
50
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. CARRUTHERS (New South Wales).-It is worth while considering the stages that a proposed law has
to go through, and the opportunity afforded to a member of either House or a member of the Executive to call



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attention to any infraction or infringement of the Constitution. It does not require a majority of the members
of the House of Representatives to insist that the Constitution shall be obeyed in the matter of procedure; it
only requires one solitary member to rise to a point of order, and the Speaker has to give a legal
interpretation of the rules of procedure. It only requires one member of the Senate to call the attention of
the President to the fact that a Bill is introduced contrary to the Constitution for that proposed law to 5
be ruled out of order. It does not require a majority of the states to insist that the Constitution shall be
obeyed, because a majority of the states cannot by resolution infringe the Constitution. Neither House
could pass the standing order which would give the majority power to dissent from the Speaker's or
President's ruling. The standing orders only confer certain explicit power. They give no power to either House
to pass an order which would enable its members to amend the Constitution. 10
END QUOTE

But the rot that goes on indicates we do not have a single Member of Parliament who has the
common decency to understand that he/she must oppose this abuse and misuse of Consolidated
Revenue Funds and other provisions.If despite all the years in Parliament you still do not appear 15
to me to understand/comprehend the true meaning and application of the constitution then how
on earth can you be deemed to be a competent constitutional advisor to the Governor-General I
ask? Start to improve the world by yourself first before pursuing others for it!

If so to say you have the balls then I expect a response from you personally detailing how you 20
purport to justify the existence of a Shadow Ministry the payments and perks by them and
other issues raised in this correspondence.

At least recognise that I as a CONSTITUTIONALIST have provided a way to save hundreds of
millions dollars if not billions of dollars just by holding Parliamentarians accountable for their 25
fraudulent conduct of robbing the Consolidated Revenue Funds for unconstitutional matters.

HANSARD 17-2-1898 Constitution Convention Debates
QUOTE Mr. OCONNOR.-
We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our 30
own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above
Parliament, and Parliament will have to conform to it.
END QUOTE
.
HANSARD 9-2-1898 Constitution Convention Debates 35
QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
END QUOTE

HANSARD 17-2-1898 Constitution Convention Debates 40
QUOTE Mr. OCONNOR.-
We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our
own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above
Parliament, and Parliament will have to conform to it.
END QUOTE 45
.
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but
the general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the 50
question of ultra vires arising after a law has been passed.
[start page 2004]
Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
END QUOTE
55
Hansard 8-3-1898 Constitution Convention Debates



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QUOTE Sir JOHN DOWNER.-
No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses
of Parliament act capriciously and variously from day to day-allow this 'tacking' to go on if
the Houses choose to agree to it-let the Houses do one thing one day and another the next,
and do not bother about altering the Constitution, but trust the Parliament." Of course; but 5
Parliament must only be trusted when it is within the Constitution. The Senate of to-day
and the House of Representatives must not be put in a position superior to the Constitution.
END QUOTE
Therefore, it is irrelevant if there is/was legislation that purports that certain financial benefits are
available to members of parliament such as for example being a Shadow Minister to gain an 10
office and certain pay because I view it cannot override the constitution, hence is ULTRA
VI RES, and all monies should be reclaimed, etc. that will fix the budget alright!

And considering that any Appropriation Bill/Taxation Bill can be vetoed by the Senate than
clearly the procedure must be provided for to allow for the 3 month interval, a possible 15
DOUBLE DISSOLUTION, a resubmission to the Parliament and if still failing than a joint
sitting of both Houses of Parliament, and therefore any such Bills must be presented to the
Parliament at least 6 months prior to the new financial year commencing as to give the time
frame required as laid down by the Constitution.
The Commonwealth of Australia Act 1900 (UK) 20
QUOTE
57 Disagreement between the Houses
If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it
with amendments to which the House of Representatives will not agree, and if after an interval of three
months the House of Representatives, in the same or the next session, again passes the proposed law with or 25
without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects
or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the
Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such
dissolution shall not take place within six months before the date of the expiry of the House of
Representatives by effluxion of time. 30
If after such dissolution the House of Representatives again passes the proposed law, with or without any
amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to
pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-
General may convene a joint sitting of the members of the Senate and of the House of Representatives.
The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last 35
proposed by the House of Representatives, and upon amendments, if any, which have been made therein by
one House and not agreed to by the other, and any such amendments which are affirmed by an absolute
majority of the total number of the members of the Senate and House of Representatives shall be taken to
have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute
majority of the total number of the members of the Senate and House of Representatives, it shall be taken to 40
have been duly passed by both Houses of the Parliament, and shall be presented to the Governor-General for
the Queens assent.
END QUOTE

I look forwards to your details response, if any courtesy will eventuate as such. 45
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!) 50