In 1994 the Letters Patent of 1986 for the State of Victoria constituting the office of Governor for and within the State of Victoria ceased to have effect as enacted now by the Victorian Parliament. The Letters Patent for the Governor first issued in 1900 provided the following:
And whereas it has become necessary to make permanent provision for the Office of Governor in and over Our State of Victoria and its Dependencies, in the Commonwealth of Australia.
The Victorian government has usurped the Office of the Governor by removing Letters Patent in the Constitution Amendment Act 1994. How is it that the Office can be validated if the Governor is now an employee of the State, a mere portfolio now under the Premier and Cabinets Office? Where is the instrument of delegation of Prerogative powers to an employee of the State of Victoria, an office merely under the Premier of the State. A shift in the structure of power.
Part 3, (7) of the amendment act now compels you to pretend that even though the Letters Patent cease to have effect and pretend what now is meant to be empowered by the Letters Patent is valid and effective as if, the Letters Patent were valid. An imaginary power conjured from nowhere.
Section 10 of the Letters Patent of 1986 provides a mechanism to amend or revoke the Letters Patent, this mechanism does not include a statutory enactment of the Victorian Parliament, only a mechanism to exercise the prerogative and create new Letters Patent to alter or revoke. Have the Letters Patent been amended beyond the power of the Victorian Parliament?
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