At 1900 an Act was passed by the British parliament establish the Commonwealth of Australia which placed a common mandate on its people to maintain that contract as expressed in the Preamble of the foundation law to unify and federate the several colonies in Australia into one common society or colony:

WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established ..

The Preamble sets the condition and terms of the new colony formed out of several, that is that it is created by the people, that it is perpetual, that is is exists under the Crown of the United Kingdom, for which it is current law today on the law books in England.

At the second clause the Crown of the United Kingdom, being one and indivisible, held itself to service of Her Majesty’s subjects of the several Australian colonies, about to become States. The choice of words, reflected the intent of the reference in the Preamble, “one indissoluble Federal Commonwealth under the Crown”, manifests in a direction, at the second clause, to compel future ministerial advisers to the reigning Monarch to the contract for the Commonwealth established:

Cl.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.

References to the Queen is made thirty-seven times in nineteen provisions of the Act that includes the Preamble, the clauses and the sections of the Constitution.

This clause is the inalterable provision that binds the Crown. As it is not found in the Constitution, but placed ahead of the Constitution to control it, it is not subject to the referendum alteration power of section one hundred and twenty-eight. It is made that way to preserve the intent of the formation of the Commonwealth under the Crown, where Her Majesty’s subjects cannot be denied, and deprived of, the protection of the Royal law, the law of the Protestant Bible and pillars of the British unwritten constitution that flows therefrom.

It is uncommon knowledge that the fifth clause imposes a duty upon the people of every State, and every part of the Commonwealth, and that they share that common duty with all the courts and judges to maintain the Commonwealth, in accordance with the terms of the Act, for which the Preamble and clauses are not subject to change:

Cl.5    This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State, …. (emboldened for emphasis)

Not only is it a strict duty, but also a common right that may be called upon by each and every on of us, at any time and for any reason, for which no judge or court of Her Majesty in service to the Crown, may deny.

CAUTION:

Upon inspection of the various Gazettes and examination by governors and Governors-General are appointed in recent decades there comes a realisation that the institutions and machinery of government, including the courts, that once were operating under the Crown (of the United Kingdom) and providing for our rights and protection, the current situation is that it is no longer the case.

Anyone is entitled, by right and duty, to ask of a magistrate or judge the nature of his office by which he or she may exercise judicial or administrative powers, as a matter of disclosure. Failure to get a straight answer revealing his commissions and authority may be taken for concealment, a punishable crime.

In the circumstance where one acknowledges that he, or she, is part of the Commonwealth community for which the law at the second and fifth clauses apply, the requirement to inquiry upon government or courts for disclosure is necessary and prudent. The common answers include those that attempt to evade the issue by responses such as “I don’t know”. I can’t recall”, “I serve the people of the State”

There seems a general understanding of the irregularities here and will avoid the issue of the validity of the Queen’s office known as Queen of Australia.

When confronted, responses may go such as: “That argument has never been successful”, in avoiding the truth of the issue the cannot say: “That argument has been settled by case law where it was determined that the authority within the constitution is found at section 51 and whatever subsection” for the reason, it does not exist, and the Department of the Prime Minister and Cabinet has stated that fact on multiple occasions since 2004. This author is in possession of the said FOI responses, awaiting publication.

If we value the exercise of our rights and or freedoms confrontation with those who would deny us that exercise must be confronted and exposed. It’s the duty upon all of us for the betterment of each of us, in the community that we own.

Knowledge, courage, and wisdom are the qualities that a society possesses in maintaining the eternal flame of vigilance, in order that we may protect our children against the creeping fide of tyranny and servitude.

Every Remembrance Day we pay our respects to those that paid, with their lives, to that service to the Commonwealth. We make respect those servicemen and servicewomen by putting our voice to that sacrifice.

NP

In Honour of the Fallen

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