IS THE REMOVAL OF LETTERS PATENT FOR OFFICE OF GOVERNOR OF NEW SOUTH WALES VALID?

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The office of Governor of New South Wales fails to be constituted under Letter Patent, the direct line to exercise the Queens prerogative powers was severed in 1987 with the enactment of Act No. 64, Constitution Amendment Act 1987.

If section 9 provides the Letter Patent ceases to have effect, what constitutes the current office and what power and authority does it now operate under?

 

Letters Patent and Instructions cease to have effect

9F. The Letters Patent dated 29 October 1900, as amended, relating to the office of Governor of the State and all Instructions to the Governor cease to have effect on the commencement of the Constitution (Amendment) Act 1987.

Continuation of existing Commissions, appointments, etc.

9G. (1) Any existing Commission or appointment given or made pursuant to Letters Patent or pursuant to Instructions referred to in section 9Fshall continue in force until revoked or terminated.

 

Is an Oath or Affirmation in New South Wales valid under the Queen of Australia?

 

Oaths or Affirmations of Allegiance and of Office

9E. For the purposes of this Part—

 

  1. (a)  a reference to the Oath or Affirmation of Allegiance is a reference to an Oath or Affirmation swearing or affirming to be faithful and bear true allegiance to Her Majesty and Her Majesty's heirs and successors according to law; and

  2. (b)  a reference to the Oath or Affirmation of Office is a reference to an Oath or Affirmation swearing or affirming well and truly to serve Her Majesty and Her Majesty's heirs and successors in the particular office and to do right to all manner of people after the laws and usages of the State, without fear or favour, affection or ill-will.

 

Is the oath to the Queen of Australia according to law? Section 5 of the New South Wales Constitution Act provides the Legislator has power to make laws subject to the provisions of the Commonwealth of Australia Constitution Act, which is the entire Act and not just the 128 provisions found at Clause 9.

Clause 2 provides the Queen at law in Australia is the Queen in the Sovereignty of the United Kingdom, if this is the case is an oath of allegiance valid in law if it is sworn to an alternate title, that being the office of Queen of Australia which the Australian courts have stated is a seperate independent office from the of the Queen of the United Kingdom?

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CONSTITUTION ACT 1902 (N.S.W.) - SECT 5

General legislative powers

The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever--

 

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT  - SECT 2.

Act to extend to the Queen's successors.

                   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.

 

If this is the case in New South Wales, does the same Office of Queen apply in every other State?

 

 

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