Constitution Watch

Introduction The Federal Court of Australia (the “Federal Court”) was created by the Federal Court of Australia Act 1976 (Cth) under the authority granted to Parliament by s 71 of Ch III of the Australian Constitution (the “Constitution”) to create federal courts other than the High Court of Australia. The Federal Court was once a Read More …

The transcript below is the Royal Commission of Assent to the Commonwealth of Australia Constitution Act. It was signed by Queen Victoria on 9 July 1900 (her signature appears at the top left of the document, above her name). The Queen’s assent enacted the Australian Constitution, founding the Commonwealth of Australia. Queen Victoria signed the commission Read More …

Article I, Section 8, Clause 3: [The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The Supreme Court has interpreted the phrase among the several states to exclude transactions that occur wholly within a state. In Read More …

Important Extracts from REPORT OF THE ROYAL COMMISSION ON THE CONSTITUTION Alteration of the Constitution. ‘ A distinction is to be drawn for some purposes, including that of alteration, between covering clauses 1-8, under which the Commonwealth was established and effect given, to the Constitution, and covering clause 9, which embodies in the Act the provisions of the Constitution. The Read More …

Members of the public are being intruded upon in their everyday travels around the Commonwealth. Below are the laws surrounding airport screening and what is and is not required of a traveller.   AVIATION TRANSPORT SECURITY REGULATIONS        

One of the major works of English political philosophy, Hobbes’ Leviathan was written during the English Revolution. It deals with the nature of sovereignty, how stable political power might be created, how wars might be avoided, and what is the proper relationship between a sovereign authority and the individual.   728 pages.

BY ROBERT RANDOLPH GARRAN, B.A. BARRISTER-AT-LAW; MEMBER OF THE EXECUTIVE COMMITTEE OF THE AUSTRALASIAN FEDERATION LEAGUE, SYDNEY ; DELEGATE TO THE COROWA CONFERENCE OF 1893, AND THE BATHURST CONVENTION OF 1896.         If you can spare a few dollars for the creators of this website to continue their research to bring you Read More …

. Did the following members of parliament sell every Australian out? Have the following people conspired against the people of Australia? Are these people a direct threat to Australia’s Sovereignty? Let it be known and may the court of public opinion rule supreme!   .       https://www.weforum.org/events/the-davos-agenda-2022/sessions/special-address-by-scott-morrison-prime-minister-of-australia/         If you Read More …

The new CROWN REFERENCES AMENDMENT BILL 2023 fails to make any provision for the Queens title to carry over to the new Monarch, King Charles III. Still to this day there is no title created for King Charles III to adopt for use in relation to Australia and its Territories nor its States. therefore the Read More …

In 1983 a report known as the Constitutional and Legal Affairs on the feasibility of a compact or ‘Makarrata! between the Commonwealth and Aboriginal people was presented to Parliament by the Chairman of the Standing Committee on Constitutional and Legal Affairs (Senator Tate) , it is imperative every Australian read the report to be well Read More …

A man whose identity has been suppressed was jailed during a property dispute with his ex-wife has successfully sued Federal Court judge who made what the court called “serious and fundamental errors” before falsely sending him to jail. The federal court ruled on Wednesday that inferior court judge Salvatore Vasta made a series of errors Read More …

On 19 September 2023 the government released an exposure draft of a Digital ID Bill alongside draft Digital ID Rules and Digital ID Accreditation Rules, and a range of fact sheets, explanatory documents and consultation questions. This material was released onto the digitalidentity.gov.au website via a consultation webpage, which is accepting input in 3 separate Read More …

. . REFERENDUM (MACHINERY PROVISIONS) ACT 1984 – SECT 7 Writ for a referendum                    Whenever a proposed law for the alteration of the Constitution is to be submitted to the electors, the Governor-General may issue a writ for the submission of the proposed law to the electors.     . REFERENDUM (MACHINERY PROVISIONS) ACT Read More …

The Institute of Public Affairs recently received legal advice from leading Victorian barrister and constitutional law expert Mr Stuart Wood KC about the lawfulness of the proposed referendum question to insert into the Australian Constitution an ‘Aboriginal and Torres Strait Islander Voice’. The federal government has proposed the following referendum question for voters to answer: Read More …

Page 791 Annotated Constitution of the Commonwealth. THE INTERPRETERS OF THE CONSTITUTION.—The Constitution, like every other law, is directly binding on every individual and every governmental agency within the Commonwealth. Every person, every officer, every political organ, has the duty of complying with its provisions and must in the exercise of that duty interpret its provisions, in the Read More …

Statement of the proposed changes to be made to the Constitution The proposed law, being the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, would change the Constitution by inserting the following text after Chapter VIII: Chapter IX—Recognition of Aboriginal and Torres Strait Islander Peoples 129 Aboriginal and Torres Strait Islander Voice In recognition Read More …

From the Voice Referendum to the Labor parties agenda to abolish and change the Australian Flag the June 16th edition Waikerie & District News reveals all.        

The Australian Constitution created the Commonwealth of Australia on 1 January 1901. It was written ‘at a time of ambivalence about Australia’s place in the world, whether it was an independent country or a child of England. Whilst the framers were seeking greater independence from Britain, the Constitution, which itself formed part of an Act Read More …

Advance Australia Fair. The name of our national anthem tells you a lot about our country. It tells you that Australians tackle our problems shoulder to shoulder, as equals. It shouldn’t matter who you are, it shouldn’t matter where you come from. And it certainly shouldn’t matter if your skin is black or white. In Read More …

Petition Reason We request that Parliament vote on whether to accept or reject the amendments to the International Health Regulations (2005) that were adopted by the 75th World Health Assembly on 27 May 2022. Every nation, including Australia, has the authority to reject these amendments under Article 61 of the IHR, but any such rejection must Read More …

Ex-Chief Justice of the High Court of Australia, Robert French provides a well balance overview of Executive power within the Commonwealth with respect to the Voice referendum. He explains in detail what powers a successful referendum would bring to the Australian landscape.   I thank the Ngara Yura Committee of the Judicial Commission of New Read More …

The author of the Freedom of Information Request made to the Prime Minister and Cabinets Office who administrate the Royal Style and Titles Act which creates a title for the monarch to adopt for use in relation to Australia and its Territories beyond the power of the Parliament of Australia was transferred to the Attorney Read More …

It appears from the FOI response below, the Prime Minister and Bill Gates failed to follow the parliaments protocol and standard operational procedures, by not ensuring Bill Gates was managed by the International Visits Branch and Bill Gates was not recorded in the Australian Governments Lobbyists Register, even when Bill Gates visited the PM’s residence to informally Read More …

In July 2020, we wrote to Prime Minister Scott Morrison to discover if his oath was consistent with the Constitutional parameters in respect of the oath all Ministers must take. The inquiry under the Freedom of Information Act yielded no results, this is because the oath taken fails to be consistent with the parameters the Read More …

Own motion investigations The Privacy Commissioner’s powers to enforce compliance with the Privacy Act focuses on the Privacy Commissioner’s powers to commence, on the Commissioner’s own motion, an investigation into an act or practice that may be an interference with privacy. This own motion investigation power complements the Commissioner’s power under the Privacy Act to investigate Read More …

What is a limited partnership? A limited partnership consists of at least one general partner and at least one limited partner. Normally the general partners have unlimited liability but the limited liability partners are limited to the capital amount they have invested. But what of the Commonwealth of Australia, we are led to believe the Read More …

When most people think of the word ‘Crown’ they automatically think of a jewelled headpiece. However, in a constitutional sense, the word has a far deeper meaning in an Australian context for it embodies the authority and the functions of government confined by the restraints established by the Australian constitution. It was the decision of Read More …

Prime Minister Anthony Albanese is surrounded by a bunch of leftist “clowns” whose agenda is to de-legitimise Australia by altering superannuation, Sky News host Rowan Dean says. Referring to the government’s proposed superannuation changes, Mr Dean said they are taking people’s money and pretending it is a “gift from the government”. “It is not their Read More …

The below Freedom of Information response clearly discovers the Commission of Appointment of the Chief Justice of the Federal Court, James Leslie Bain ALLSOP. This FOI sought to reveal under which seal the Chief Justice’s appointment was created. It is clearly revealed the appointment is under the Great seal of Australia under the Queen of Read More …

Petition ReasonThe significant impact on all Australians by the Covid-19 pandemic response, which has now been independently reviewed demonstrating the need for full inquiries. We express our overwhelming concern for the following: *From 2020 until present day, State and Federal Governments as well as many private companies have habitually breached inviolable, absolute non-derogable human rights Read More …

The Great Artesian Water Basin covers a quarter of this Continent we know as Australia. The Great Artesian Basin is a huge and ancient underground “water tank” big enough to fill Sydney Harbour 130,000 times and is the main water source of our food grown here in Australia. It also supports the ecosystem of this Read More …

The author of the FOI made request to gain access to the oaths, affirmations and appointments of various Federal Court Judges within Australia.  

Government and the world oligarchy want to ban cash. By signing this petition cash will be enshrined into law. But what is the real issue here? If cash is banned and a digital only system comes in EVERY transaction you do will be scrutinised, you will NEVER be able to make an anonymous payment again! Read More …

The Bell Inquiry examined the appointment of former Prime Minister, the Hon Scott Morrison MP, to administer multiple departments without disclosure to his colleagues or the public. The unprecedented and inexcusable actions of the former Prime Minister were emblematic of the culture of secrecy in which the previous Government operated. The Bell Inquiry confirms the Solicitor-General’s Read More …

Can an employer force you to provide your biometric data? In this case of  Jeremy Lee v Superior Wood Pty Ltd, Jeremy Lee objected to his employer’s direction to use a fingerprint scanner to sign in and out of his work site, under Superior Wood’s Site Attendance Policy. Mr Lee argued that he owned the biometric Read More …

There are a total of 13 privacy principles under the Federal Privacy Act 1988 with the sole purpose of making sure businesses are transparent about how they handle and process personal data. If you have already prepared for the GDPR, much of GDPR compliance will apply in Australia. There are a few caveats, but the Read More …

On September 11, 2022 the Governor General created a Proclamation to announce Queen Elizabeth the Seconds passing and of  King Charles the Third, now King of Australia. This was proclaimed under the Great Seal of Australia that being the Seal of the Her Majesty, as Queen of Australia. How can the Queen seal be used Read More …

The Commonwealth of Australia Constitution Act which first rolled off the presses in 1900, and which came into operation on 1 January 1901, is for the most part the same legal instrument that provides the framework of government in Australia today. The Commonwealth Parliament was, by that Act, given powers with respect to specified subjects, Read More …

From July 6 2022, the way you ​travel to and from Australia has changed. All travellers should be aware that: People entering Australia do not need to provide evidence of vaccination status People entering Australia do not need to complete the Digital Passenger Declaration or Maritime Travel Declaration People leaving Australia will not be asked to Read More …

Legislation is the predominant source of law applied by judges in the common law world today. This is because, even though the doctrine of precedent allows for the development of law by judges through cases, most areas of law are now set down in statutes, and cases primarily concerning their interpretation. The Honourable Justice John Middleton, Justice Read More …

Another example in the High Court of the Executive Government acting beyond its powers in respect of Ministerial powers to strip Australians of their citizenship, the High Court ruled the Minister did not have the power to strip citizenship and this was the role of the court. A core provision of the federal government’s foreign Read More …

There are many questions to be answered surrounding the issuing of writs for the federal election. Below is the government gazette evidencing writs were issued. Now the question is are the writs issued according to law? Is witnessing a document causing it to be issued? When the Governor General caused the writs to be issued Read More …

Constitutional violations to the Commonwealth admitted by the Attorney-General in FOI responses In the last week for the run up to the federal elections, Australians need to know of a political agenda that has been hidden from them that has been played out over many years and has come full force in the last two Read More …

The following book is the first edition of the work of W. Harrison Moore who was Professor of Law at the Melbourne University from 1892 until his retirement in 1927.      In constitutional law he was influenced by A. V. Dicey. and his writings are as much a history of the federal movement as a Read More …

  Under this doctrine, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, Read More …

    The High Court’s decision Burns v Corbett significantly narrowed the jurisdiction of commissions and tribunals. The High Court held that the Australian Constitution precludes a State tribunal from exercising federal and state jurisdiction, tribunals are not Courts and cannot exercise judicial powers and jurisdiction.  A tribunal or Commission not being a ‘court of Read More …

Traditional view and the High Court It has been generally accepted that treaties are not directly incorporated into Australian domestic law by the international act of ratification or accession by Australia. Treaties therefore do not ‘run’ in domestic law unless implemented by legislation.[1] This view has been shared by successive Governments of different political persuasions. Read More …

Petition Reason The recent US Supreme Court decision to block vaccine mandates noted that Biden’s vaccine mandate was no ‘everyday exercise of federal power’ but rather ‘a significant encroachment on the lives – and health – of a vast number of employees.’ Vaccine mandates in Australia have proven futile to stop the spread of coronavirus Read More …

In October 2015, the Northern Territory government, led by the Country Liberal Party, sold a 99-year lease over land and operations of the Port of Darwin for $506 million to Landbridge Group, the Australian subsidiary of a Shandong-based energy and infrastructure group owned by Chinese billionaire Ye Cheng. Scott Morrison said the absence of an authority to approve or Read More …

Australia Digital Passenger Declaration (DPD) Before you start You may complete your DPD using your web browser on desktop or via your mobile device. Before boarding and on arrival in Australia you may be asked to show your DPD. You should either print a copy of your DPD from the summary screen or ensure you Read More …

The premiers are tearing the federation apart. Let’s hope they succeed very soon. To see my point, just close your eyes and imagine that there were no state borders. Imagine a heavenly hand reaching down to Terra Australis and gently lifting the interconnected borders — yes, even the one around Tasmania. At this stage, I Read More …

Historians lay claim the Australia Act severed the last ties Australia had with the United Kingdom, but is this true? If Australia became a ‘sovereign independent nation’ as claimed by the Australia Act in 1986, why in 1999 was there a referendum to remove the Queen and Governor General and replace them with a President Read More …

      ANNOTATED CONSTITUTION OF THE AUSTRALIAN COMMONWEALTH.   “Such Person as the Queen may Appoint.”   These words refer to the appointment of an acting Governor-General or Administrator of the Government of the Commonwealth, appointed under commission by the Queen. This officer, when so appointed, is authorized to exercise all the powers and functions of Read More …

      On the 27th of January the Governor General of Australia His Excellency General the Honourable David Hurley AC DSC (Retd)  fled the Commonwealth of Australia after being served with an enquiry to the validity of his office pending. The Governor of Victoria has been appointed as Administrator by herself on January 27th 2022. Read More …

            Section 51(xxxviii), “Matters Referred to the Parliament.”   This sub-section evidently contemplates a class of subjects which have not been transferred to the Federal Parliament by the Constitution; which are still within the competence of the State Parliaments to deal with separately and independently, but as to which it may be Read More …

Introduction The Federal Court of Australia (the “Federal Court”) was created by the Federal Court of Australia Act 1976 (Cth) under the authority granted to Parliament by s 71 of Ch III of the Australian Constitution (the “Constitution”) to create federal courts other than the High Court of Australia. The Federal Court was once a Read More …

Lindell, one of the Attorney Generals law officers prepared the following document which evidences the knowledge in 1973 prior to the creation of the Royal Style and Titles Act 1973, that no enumerated head of power exists under the Constitution to create an alternate title for the Queen. . NAA: A5034, SRI973/2001 Attorney-General’s Department, Canberra, Read More …

In a recent Constitution Watch post we correspond with the Federal Court, cc’ing in various Serbian Consulates, Parliaments and Embassies informing the Court of their jurisdictional errors in the Djokovic case debacle, we present for you the reply and further response. https://constitutionwatch.com.au/notice-to-the-federal-court-of-jurisdictional-error-in-the-matter-of-djokovic-v-minister-of-immigration-citizen-migrant-services-and-multicultural-affairs-mlg116-2022/ Veliki Pozdrav, Greetings Victorian Registry of the Federal Court Australia, . . Thank Read More …

In an open society, a nation’s legal system, and its judiciary, will always be exposed to international influences.  Even when unrecognised, or unacknowledged, they will be reflected in the substantive and adjectival law applied by judges, in the structure and status of the judiciary, and in its relationship with the other branches of government. The Read More …

  JUDGES: CHIEF JUSTICE ALLSOP, JUSTICE BESANKO and JUSTICE O’CALLAGHAN The Commonwealth of Australia granted Novak a temporary visa on dated 18 November 2021, attached. Once the decision is made to grant the visa, the decision maker is functus officio and cannot revisit the decision because they have changed their mind made an error within Read More …

The High court over more than 100 years has failed to reach a settled interpretation of section 92. The court has embarked on a fundamental reconsideration of the section. From narrow to wide interpretations, all have been unable to sustain the need for laws which correctly regulated interstate and intrastate Trade. Federation was bring a Read More …

Section 51(xxxvii), has always been questioned as to its true meaning. A State may refer one of its law making powers to the Commonwealth but so that the law shall extend only to the State who’s Parliament the matter was referred or those States which choose to adopt the law. Legislative powers of the Parliament. The Read More …

Can the States legislate to stop you crossing, independently the State Boundaries by exercising your personal right to do so guaranteed by the constitution? We then explore Cole v Whitfield in the journey of understanding of what section 92 brings to the individual           HIGH COURT OF AUSTRALIA Latham C.J., Rich, Read More …

Constitution Act 1900. Covering Clause 2.   The provisions of this Act referring to the Queen shall extend to Her Majesty’s heirs and successors in the sovereignty of the United Kingdom.   The Annotated Constitution makes the following comments; Page 320 and 323, (relevant part only).     HISTORICAL NOTE The clause as originally drawn Read More …

117.  Rights of residents in States.                    A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. But what’s it actually mean? Read More …

In constitutional monarchies like Australia, as well as Canada, New Zealand, and the UK, a fundamental principle of government is that much of the legal basis for the executive and its powers comes from the historical powers of the Crown. Combined with the Constitution and statutes, the Crown continues to be a fundamental source of Read More …

Since Federation it has been an established principle that the Governor-General in exercising the powers and functions of the office should only do so with the advice of his or her Ministers of State, the principle has not always been followed. This principle of responsible government is discussed further in the Chapter on ‘House, Government Read More …

Is the Digital Identity card a rehashed attempt to bring in another Australia Card? The idea for the card was raised at the national Tax Summit in 1985 convened by the then Federal Labor government led by Bob Hawke. The card was to amalgamate other government identification systems and act against tax avoidance, and health and Read More …

One difficulty for the States with a direct reliance on s 106 is the fact that the continuation of State constitutions in s 106 is said to be ‘subject to’ the Commonwealth Constitution. The heads of legislative power in s 51 are also conferred ‘subject to’ the Commonwealth Constitution but this poses a conundrum: Is s Read More …

268.3  Genocide by killing A person (the perpetrator) commits an offence if: (a)  the perpetrator causes the death of one or more persons; and (b)  the person or persons belong to a particular national, ethnical, racial or religious group; and (c)  the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial Read More …