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Mr Malcolm Turnbull

13-9-2016

Malcolm.Turnbull.MP@aph.gov.au
Cc:

Bill Shorten Bill.Shorten.MP@aph.gov.au


Barnaby Joyce Barnaby.Joyce.MP@aph.gov.au
Senator George Brandis senator.brandis@aph.gov.au

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Re: 20160913-G. H. Schorel-Hlavka O.W.B. to Mr Malcolm Turnbull Re various election issues-etc

Malcolm,

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I understand from various media reports including that of your own statements that
you claimed that you had a mandate in winning the 2016 election. I understand that after the
election you as leader of the Liberal Party engaged in an agreement with the National Party to
combine the parties for governing.
I understand from reports such as that of analyst Mark Kenny (page 4 The Age newspaper under
the heading Joyces secrecy rings alarm bells) that an agreement was made between yourself
and Mr Joyce, leader of the National Party.
I now request you to provide me with a copy of this agreement. In the event that you
refused to provide me a copy of this agreement voluntarily then I request within the
provisions of the Freedom of Information Act (FOI Act) to provide me the item and as a
senior citizen and holding a pension card 301-602-799V I request all and any charges
ordinary being applicable to an FOI request to be waived, this also as this is a matter of
public interest.
http://www.abc.net.au/news/federal-election-2016/

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QUOTE
L/NP 76
ALP 69
OTHERS 5
END QUOTE

http://www.abc.net.au/news/2016-05-09/liberals-nationals-tussle-in-central-vic-federal-electionrace/7395082
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QUOTE
Election 2016: Liberals and Nationals go head-to-head to win Murray as poll countdown begins
By Peter Lenaghan
Posted 9 May 2016, 12:29pmMon 9 May 2016, 12:29pm
(image omitted)

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Photo: The Nationals' Damian Drum (left) and Liberal candidate Duncan McGauchie (right) are vying for the seat of
Murray. (Facebook)
Related Story: Duncan McGauchie wins Liberal preselection for Murray
Related Story: Damian Drum to quit Victorian politics to run in federal seat of Murray
Map: Bendigo 3550
An intriguing battle between Federal Coalition partners the Liberals and Nationals is shaping as the contest to watch in
central Victoria, as the official election campaign begins.

p1
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G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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2
Although the federal election date of July 2 was only officially confirmed on the weekend, candidates have been on the
campaign trail in central Victoria for weeks.
The Coalition comfortably holds the seat of Murray but the retirement of Sharman Stone has triggered a contest between
the Liberals and Nationals for the right to succeed her.

Many observers have installed the Nationals' Damian Drum as the favourite but Liberal candidate Duncan McGauchie
also enjoys a healthy local profile.
Labor's focus will be on its marginal electorates of Bendigo and McEwen, which it will need to retain if it wants to form
the next government.
The seats of Mallee and Wannon look likely to stay safely in the Coalition's hands.

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END QUOTE
http://www.abc.net.au/news/federal-election-2016/guide/murr/
QUOTE
National
Damian Drum
31,105 35.3%
Liberal
Duncan McGauchie
28,194 32%
END QUOTE

+35.3%
-29.4%

After preferences:
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http://www.abc.net.au/news/federal-election-2016/guide/murr/
QUOTE
National
Damian Drum
48,527 55.1%
Liberal
Duncan McGauchie
39,489 44.9%
END QUOTE

+26.0%
-26.0%

It must therefore be clear that the Liberal Party lost the election in the seat of Murray to the
Nationals.
Therefore it cannot be claimed that after losing the election of the seat of Murray then somehow
nevertheless the Liberal Party won and has a MANDATE.
At most the Liberal party can claim that by agreement AFTER the election was held the
Coalition has the majority of seats in the House of Representatives.
http://www.abc.net.au/news/federal-election-2016/results/
QUOTE

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Coalition
Labor party
Greens
END QUOTE

41%
-3.5%
34.7% +1.3%
10.2% +1.6%

The problem with this reporting is that it refers to the Coalition even so this technically
couldnt exist as at the time no agreement was in force as such considering the agreement that
had been in force was substituted by a new agreement after the election.
And the term Coalition is misleading in that it didnt just involve the Liberals and the
Nationals but also the Liberal/National Coalition in certain seats.
http://www.abc.net.au/news/federal-election-2016/results/
QUOTE

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Labor Party
Liberal
Greens
Liberal Nationals
Nationals
END QUOTE

4,702,314
3,882,918
1,385,651
1,153,736
624,555

34%
28.7%
10.2%
8.5%
4.6%

+1.3%
-3.3%
+1.6%
-0.45
+0.3%

Federal election results 2016: Coalition could form majority government


QUOTE
www.news.com.au/national/...election/...election...2016.../e0d2ebfef9165be...

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G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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Jul 8, 2016 - Federal election results 2016: Coalition could form majority ... votes have favoured
Liberal and National candidates over Labor. .... His predicted successor Anthony Albanese has
said he won't be challenging the leader.
END QUOTE

http://www.news.com.au/national/federal-election/federal-election-results-2016-coalition-couldform-majority-government-as-count-continues/news-story/e0d2ebfef9165be7e6f89b9d61d67de5
QUOTE
Mr Katter this afternoon declared his support for the government after amicable talks with Mr Turnbull.

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But the independent said he maintained his right to change his position at any time and his support depended
on several political issues.
Asked if he thought Mr Turnbull was listening to him yesterday, he laughed: When youre on 74 seats and
you need 76, I thought he was listening very closely.
His promise will make the Prime Minister feel even more comfortable in his position.

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I am very confident, very confident indeed that we will form ... a majority government in our own
right, but I am, of course, talking to the crossbenchers as well, Mr Turnbull told reporters, referring to the
independent and minor party lawmakers who sit between the two main parties and could hold the balance of
power in a divided parliament.
But so far the counting trends are very positive from our point of view.

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Whether other independent MPs will support the Coalition is not yet certain. Senator Xenophon told the ABC
that he, Katter and Jacqui Lambie, share a concern about Australian jobs and Australian manufacturing and
Australian farming land ... when it comes to our foreign investment.
Opposition Leader Bill Shorten insists the fight isnt over yet, telling reporters in Perth yesterday that Labor
would work with crossbenchers and independents to make Parliament work.

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If Mr Turnbull is dragged cross the line narrowly, his problems, and unfortunately Australias, are only just
beginning.
END QUOTE

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What was reported is that Mr Malcolm Turnbull as Prime Minister claimed:


I am very confident, very confident indeed that we will form ... a majority
government in our own right,
This is a very puzzling comment, as least to me as a CONSTITUTIONALIST, in that I
understood this was a DOUBLE DISSOLUTION election to determine who shall represent each
electorate in the House of Representatives and the Senate.
It is in the Parliament (consisting of both Houses of Parliament) that determines the legal powers
of any Government what it can or cannot do. As such what we are voting for is the legislature for
the Commonwealth of Australia
As I understand it that it is a criminal offence to mislead electors as to induce them to vote by
false/misleading presentation. What we have is that the electors were advised they are voting for
a Government where constitutionally they were in fact not at all voting for a Government but for
the legislature.
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G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
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4
On 26 December 1900 the then Governor-General commissioned Mr Edmund Barton to pursue
form a government for the Commonwealth of Australia commencing on 1 January 1901. On 1
January 1901 the Governor General commissioned Mr Edmund Barton as Prime Minister and
several other nominated persons to form a government. No election was held at the time and
would not be held until March 1901. As such it is clear that a government is not formed from any
election but by the provisions of the constitution for the Governor General to do so:
Commonwealth of Australia Constitution Act 1900 (UK)
QUOTE
64 Ministers of State
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
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.
END QUOTE

Commonwealth of Australia Constitution Act 1900 (UK)


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QUOTE

Commonwealth of Australia Constitution Act (The Constitution)


This compilation was prepared on 1 July 2001
taking into account alterations up to Act No. 84 of 1977
[Note: This compilation contains all amendments to the Constitution
made by the Constitution Alterations specified in Note 1
Additions to the text are shown in bold type
Omitted text is shown as ruled through]
Prepared by the Office of Legislative Drafting,
Attorney-Generals Department, Canberra
Commonwealth of Australia Constitution Act iii

Contents
Covering clauses

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1 Short title [see Note 1] .......................................................................7


2 Act to extend to the Queens successors ............................................7
3 Proclamation of Commonwealth [see Note 2] ...................................7
4 Commencement of Act ......................................................................8
5 Operation of the Constitution and laws [see Note 3] .........................8
6 Definitions .........................................................................................8
7 Repeal of Federal Council Act [see Note 4].......................................8
8 Application of Colonial Boundaries Act ............................................9
9 Constitution [see Note 1] ...................................................................9

The Constitution
Chapter IThe Parliament 11
Part IGeneral 11
1 Legislative power.............................................................................11
2 Governor-General ............................................................................11
3 Salary of Governor-General.............................................................11
4 Provisions relating to Governor-General .........................................11
5 Sessions of Parliament. Prorogation and dissolution .......................12
6 Yearly session of Parliament............................................................12
Part IIThe Senate 13
7 The Senate [see Note 5] ...................................................................13
8 Qualification of electors...................................................................13
9 Method of election of senators [see Note 6].....................................13

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10 Application of State laws .................................................................14


11 Failure to choose senators ................................................................14
12 Issue of writs....................................................................................14
13 Rotation of senators .........................................................................14
14 Further provision for rotation [see Note 7] ......................................15
15 Casual vacancies [see Note 8]..........................................................16
16 Qualifications of senator ..................................................................18
17 Election of President ........................................................................18
18 Absence of President .......................................................................18
19 Resignation of senator......................................................................18
20 Vacancy by absence.........................................................................19
21 Vacancy to be notified .....................................................................19
22 Quorum............................................................................................19
23 Voting in the Senate.........................................................................19
Part IIIThe House of Representatives 20
24 Constitution of House of Representatives ........................................20

iv Commonwealth of Australia Constitution Act

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60

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25 Provision as to races disqualified from voting .................................20


26 Representatives in first Parliament...................................................21
27 Alteration of number of members ....................................................21
28 Duration of House of Representatives .............................................21
29 Electoral divisions [see Note 9] .......................................................21
30 Qualification of electors...................................................................22
31 Application of State laws .................................................................22
32 Writs for general election.................................................................22
33 Writs for vacancies ..........................................................................22
34 Qualifications of members ...............................................................23
35 Election of Speaker ..........................................................................23
36 Absence of Speaker .........................................................................23
37 Resignation of member ....................................................................23
38 Vacancy by absence.........................................................................24
39 Quorum............................................................................................24
40 Voting in House of Representatives.................................................24
Part IVBoth Houses of the Parliament 25
41 Right of electors of States ................................................................25
42 Oath or affirmation of allegiance .....................................................25
43 Member of one House ineligible for other .......................................25
44 Disqualification................................................................................25
45 Vacancy on happening of disqualification .......................................26
46 Penalty for sitting when disqualified................................................26
47 Disputed elections............................................................................26
48 Allowance to members ....................................................................27
49 Privileges etc. of Houses..................................................................27
50 Rules and orders...............................................................................27
Part VPowers of the Parliament 28
51 Legislative powers of the Parliament [see Notes 10 and 11]............28
52 Exclusive powers of the Parliament .................................................30
53 Powers of the Houses in respect of legislation.................................30
54 Appropriation Bills ..........................................................................31
55 Tax Bill ............................................................................................31
56 Recommendation of money votes....................................................31
57 Disagreement between the Houses...................................................32
58 Royal assent to Bills ........................................................................32
59 Disallowance by the Queen..............................................................33
60 Signification of Queens pleasure on Bills reserved ........................33
Chapter IIThe Executive Government 34
61 Executive power ..............................................................................34
62 Federal Executive Council ...............................................................34
63 Provisions referring to Governor-General........................................34

Commonwealth of Australia Constitution Act v


64 Ministers of State.............................................................................34
65 Number of Ministers ........................................................................35
66 Salaries of Ministers ........................................................................35
67 Appointment of civil servants ..........................................................35
68 Command of naval and military forces ............................................35
69 Transfer of certain departments .......................................................35
70 Certain powers of Governors to vest in Governor-General..............36

END QUOTE
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INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati

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It must be clear that the appointment of Ministers to govern departments for and on behalf of the
Governor-General who represents the Monarchy is not at all provided for within Chapter 1
(regarding elections, etc) but rather in Chapter II.
Chapter IIThe Executive Government 34
Therefore it is my view that to deceive the electors to vote for a particular candidate (belonging
to a certain party or not) is deceptive where it is claimed that they are voting for a Government.
Clearly the Governor-General can appoint anyone who has not been elected to the parliament to
be a Minister of State within the provisions of Section 64.
130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS
QUOTE 130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINT
I have a further complaint against what I view is false/misleading election advertising by Palmer United
Party and obviously the question may be asked if the AEC approved this advertising, and if so, why?
On Monday Afternoon on 2 September 2013 between about 4 and 6 pm I heard over the radio a political
announcements by Palmer United Party, with various people, including a lawyer, to say something like to
vote for Clive Palmer as Prime Minister.
I must admit that also leaders of political parties tend to argue people are voting for who shall be the next
Prime Minister. I view the AEC has for too long failed to act against this kind of deceptive conduct, even so
this already was occurring even when former Queensland Jo Belkje-Peterson was campaigning to become
Prime Minister.
Constitutionally no one can vote for anyone to be voted in as Prime Minister. While there is a convention that
generally the Governor-General appoints the leader of the political party which can have the support of most
of the Members of the House of Representatives, this is nothing but a convention and cannot override what is
constitutionally applicable.
QUOTE
64 Ministers of State
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
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.

END QUOTE
While the Office of the Prime Minister and Cabinet has been created, it doesnt nor can circumvent the fact
that who shall or shall not be commissioned to become Prime Minister is a decision the Governor-General
makes and not subject to voting by the Australian electors. It ought to be understood that the 2010 debacle
came about where members elect (to the House of Representatives) but had not been sworn in, were making
deals to support Julia Gillard to remain Prime Minister. In my view they had no such constitutional position.
Mr Edmund Barton, was commissioned on 26 December 1900, as to form a government for the 1 January
1901 Commonwealth of Australia. He did not have any one in the House of Representatives, for the simple
reason it didnt exist. Constitutionally, within Sec 64 the Governor-General could commission me to form a
government, regardless that I am not a Member of the House of Representatives nor even a candidate. It
should be clear that political parties cannot amongst themselves overrule what is constitutionally applicable,
only a s128 of the constitution successful referendum can result to an amendment of the constitution!
While it may be argued that the majority of Members of Parliament of one political party or a coalition
generally has its leader to become Prime Minister, nevertheless, it is deceptive to claim that somehow
electors decide who shall become Prime Minister. In the end, it is the Governor-General who decides which
person shall be commissioned to form a government.
Fancy, for example that the leader of a political party, having attained the majority of seats in the House of
Representatives, then is declared bankrupt before being sworn in (again) as a Member of the House of
Representatives. It would be idiotic to hold that somehow the Governor-General had to ignore s44 of the
Constitution to commission a person to form a government, merely because of some convention.
Constitutionally, the Governor-General could still appoint this person for up to 3 months without becoming a
Member of the House of Representatives, but unlikely would a Governor-General desire to act contrary to the
public interest.
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7
In my view the AEC should clamp down on false./misleading representation that the electors vote who shall
become the Prime Minister after the election, because as we saw in the 2010 debacle it could have been even
either party leaders or neither of them, that is if the Governor-General had not so to say bowed to pressure.

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I am not standing as a candidate, and as such have in that regard no political interest in who shall or shall not
be voted for. However, I view the gross deception upon Australian electors should be stopped. hence the
AEC must take immediate action to stop any false/misleading claims as to electors voting for a Prime
Minister. Indeed, where the sitting Prime Minister is failing to succeed in being re-elected, such as John
Howard was in 2007, then clearly even if his party had succeeded in gaining most of the seats it would be
ridiculous to argue that somehow all Australians nevertheless voted for John Howard to be again the Prime
Minister.
It appears to me that the AEC for decades that is failed to ensure election(s) advertising and other election
claims were appropriately supervised, and this elaborate swindle upon the Australian electors was stopped.
END QUOTE 130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINT

It seems to me to be very clear that the Australian Electoral Commission is incompetent to


supervise the proper conduct of elections, as to allow such deceptive publications as if electors
vote for a Government, and as such an independent Ombudsman should be appointed to oversee
electoral matters. However, where it comes to any kind of agreement that may undermine the
true meaning and application of the constitution such as section 64 then the following must be
considered:
Crimes Act 1960 No. 84
Treachery.
24AA.(1.) A person shall not

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(a) do any act or thing with intent


(i) to overthrow the Constitution of the Commonwealth
by revolution or sabotage;
(ii) to overthrow by force or violence the established government
of the Commonwealth, of a State or of a proclaimed country; or

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..............................
24AA.(3.) A person who contravenes a provision of this section
shall be guilty of an indictable offence, called treachery.
Penalty: Imprisonment for life.

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It appears to me that to pervert the election process as to undermine what the true meaning and
application of the constitution is about is treachery. Hence, I view any agreement between
political parties as to provide government offices to each other because of any election result
constitutes a violation of the constitution as Section 64 clearly leaves it to the Governor-General
to appoint Ministers of State (the executive/Government)
When Captain Cooke and others settled in the then New Holland in 1828 renamed New South
Wales and now referred to as a federation commonwealth of Australia. They did bring with them
English common law and statue law. Hence, the Sale of Office Act 1553 is part of Australian
law. The fact that it was in various parts repealed within the United Kingdom since settlement
since Captain Cooke declared the land for the British Crown itself cannot have any effect upon
its application within the Commonwealth of Australia (as now known) as much as the politicians
when it suits them rely upon British law when they can have benefits from them, such as
Parliamentarian House rules, this even so the British constitution is not a written constitution
whereas the Commonwealth of Australia is created by a written constitution.
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8
Hansard 6-4-1897 Constitution convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE

Sir SAMUEL GRIFFITH: I am trying to get at the ideas which are underlying the argument of hon.
gentlemen. I confess I have not got at them yet. The hon. member, Mr. Deakin, talks about the powers
exercised by the ministers of the Crown in Great Britain. They do not differ in any respect from the
powers exercised by ministers of the Crown in any other country.
Dr. COCKBURN: They are much superior to the powers of ministers here!
Sir SAMUEL GRIFFITH': Not in the east.

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Mr. DEAKIN: The powers of our ministers are limited, and theirs are unlimited!
END QUOTE

Sale of Offices Act 1551 - Wikipedia, the free encyclopedia


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END QUOTE
https://en.wikipedia.org/wiki/Sale_of_Offices_Act_1551
The Sale of Offices Act 1551 (5 & 6 Edw 6 c 16) is an Act of the Parliament of England. The Act is
concerned with corruption in public office. The Act makes it an ...
END QUOTE
https://en.wikipedia.org/wiki/Sale_of_Offices_Act_1551

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END QUOTE

Sale of Offices Act 1551


From Wikipedia, the free encyclopedia

Jump to: navigation, search


The Sale of Offices Act 1551[1]

Parliament of England

Long

An Act against buyinge and

title

sellinge of offices.[2]

Citation

5 & 6 Edw 6 c 16

Revised text of statute as amended

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The Sale of Offices Act 1551 (5 & 6 Edw 6 c 16) is an Act of the Parliament of England.
The Act is concerned with corruption in public office.[3] The Act makes it an offence, in the
Republic of Ireland, to sell certain public offices, or to receive or agree to receive money
for an office.
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The Sale of Offices Act 1551 was extended to Scotland and Ireland, and to all offices in the
gift of the Crown, by section 1 of the Sale of Offices Act 1809[4] (which is now repealed).[5]
The two Acts had to be construed as one.[6]
The Sale of Offices Act 1551 was repealed, from and after 5 July 1826, so far as regards
the Revenue of Customs or Offices in the Service of the Customs, by sections 1 and 10 of
the Act 6 Geo 4 c 105.[7]

The whole Act was repealed by section 1 of, and Group 7 of Part 2 of Schedule 1 to, the
Statute Law (Repeals) Act 2013.
This Act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 2 of
Schedule 1 to, the Statute Law Revision Act 2007.

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See Graeme v Wroughton (1855) 11 Exch 146, (1855) 24 LJ Ex 265.

Provisions[edit]

Section 2[edit]
This section, from "be it also" to "aforesaide", was repealed by section 1(1) of, and Part I of
the Schedule to, the Statute Law Revision Act 1888.

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Section 3[edit]
This section was repealed by section 1 of, and Schedule 1 to the Statute Law Revision Act
1948.
This section was repealed for the Republic of Ireland by section 1 of, and Part III of the
Schedule to, the Statute Law Revision Act 1983.

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Section 5[edit]
This section was repealed for England and Wales by section 1 of, and the Schedule to, the
Statute Law Revision Act 1863. This section, in so far as it extended to Northern Ireland,
was repealed by section 1(1) of, and Schedule 1 to, the Statute Law Revision Act 1950.
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This section was repealed for the Republic of Ireland by section 1 of, and Part III of the
Schedule to, the Statute Law Revision Act 1983.

Section 6[edit]
This section was repealed for England and Wales by section 1 of, and the Schedule to, the
Statute Law Revision Act 1863. This section, in so far as it extended to Northern Ireland,
was repealed by section 1(1) of, and Schedule 1 to, the Statute Law Revision Act 1950.

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This section was repealed for the Republic of Ireland by section 1 of, and Part III of the
Schedule to, the Statute Law Revision Act 1983.

References[edit]
1.

Jump up ^ The citation of this Act by this short title was authorised by section 1 of, and
Schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now
authorised by section 19(2) of the Interpretation Act 1978.

2.

Jump up ^ These words are printed against this Act in the second column of Schedule 1
to the Short Titles Act 1896, which is headed "Title".

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3.

Jump up ^ Halsbury's Statutes. Fourth Edition. 2008 Reissue. Volume 12(1). Page 59.

4.

Jump up ^ The Statutes Revised. Third Edition. HMSO. 1950. Volume I. Page 295.

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5.

Jump up ^ By the Statute Law Revision Act 1983 and the Statute Law (Repeals) Act
2013.

6.
7.

Jump up ^ Halbury's Statutes. Fourth Edition. 2008 Reissue. Volume 12(1). Page 79.
Jump up ^ The Statutes of the United Kingdom of Great Britain and Ireland, 6 George
IV. 1825. Printed by His Majesty's Statute and Law Printers. London. 1825. pp 614 and 616.

END QUOTE

10

Hence I view , the Sale of Office Act 1553 as was at the time of 1888 when Captain Cooke
declared Australia (as it is referred to now) for the British crown remains to be part of Australian
law.
http://abr.business.gov.au/SearchByName.aspx?SearchText=liberal+party
ABN

Name

Type

Location

46 737 698 730

LIBERAL PARTY PEARCE

Entity Name

6056 WA

Liberal National Party

Entity Name

4000
QLD

STUART LIBERAL PARTY

Trading Name

5491 SA

THE GREEN LIBERAL PARTY

Business Name

3350 VIC

THE LIBERAL DEMOCRATIC PARTY

Entity Name

2047
NSW

THE LIBERAL PARTY OF AUSTRALIA

Trading Name

2600
ACT

Active

57 474 627 843


Active

91 616 357 675


Active

32 927 914 196


Active

71 164 459 363


Active

15 217 882 958


Active

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11
80 008 672 848

THE LIBERAL PARTY OF WESTERN


AUSTRALIA PTY LTD

Entity Name

6005 WA

Active

69 106 827 730

Territory Liberal Party

Business Name

0871 NT

Conservative Liberal Party of Australia

Business Name

2066
NSW

LEBANESE NATIONAL LIBERAL


PARTY

Entity Name

3071 VIC

Active

80 050 414 929

LIBERAL PTY LTD

Entity Name

4670
QLD

NOTTINGHILL BRANCH OF THE


LIBERAL PARTY

Entity Name

3155 VIC

LIBERAL PARTY OF AUSTRALIA (WA


DIVISION) INC

Entity Name

6005 WA

LIBERAL PARTY OF AUSTRALIA ACT


DIVISION

Entity Name

2600
ACT

LIBERAL PARTY OF AUSTRALIA NSW


DIVISION INCORPORATED

Entity Name

2000
NSW

Active

64 371 680 859


Active

57 114 916 741

Active

63 677 223 774


Active

36 496 603 459


Active

65 727 304 134


Active

30 046 889 989


Active

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12
93 752 895 437

LIBERAL PARTY OF AUSTRALIA


TASMANIAN DIVISION

Entity Name

Active

7000
TAS

58 744 044 702

LIBERAL PARTY ROSE PARK BRANCH

Entity Name

5065 SA

Liberal Party of South Australia Grey FEC

Entity Name

5000 SA

MCLAREN VALE & DISTRICT LIBERAL


PARTY

Entity Name

5171 SA

NOTTING HILL BRANCH OF THE


LIBERAL PARTY

Trading Name

3155 VIC

THE LIBERAL PARTY OF AUSTRALIA FEDERAL SECRETARIAT

Entity Name

2600
ACT

THE LIBERAL PARTY OF AUSTRALIA NSW DIVISION

Entity Name

2011
NSW

THE LIBERAL PARTY OF AUSTRALIA


SOUTH AUSTRALIA DIVISION

Entity Name

5061 SA

THE LIBERAL PARTY OF AUSTRALIA


VICTORIAN DIVISION

Entity Name

3000 VIC

Active

78 321 003 413


Active

21 519 148 796


Active

63 677 223 774


Active

15 217 882 958


Active

68 324 857 904


Active

50 249 620 342


Active

70 723 275 853


Active

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13
51 416 126 748
Active

67 741 620 989


Active

22 936 923 760


Active

53 003 119 211


Active

36 299 099 339


Active

20 232 081 142


Active

55 856 326 127


Active

27 194 523 185


Active

65 398 906 336


Active

The Liberal Party of Australia Wentworth


FEC

Entity Name

2021
NSW

North Adelaide Branch Liberal Party of


Australia

Entity Name

5065 SA

Federal Forum Liberal Party of Australia


New South Wales Division

Entity Name

5000 SA

HINDMARSH FEC (LIBERAL PARTY OF


AUSTRALIA - SA DIVISION)

Business Name

2011
NSW

LIBERAL PARTY OF AUSTRALIA


LONGMAN FEDERAL ELECTORATE
COMMISSION

Trading Name

5031 SA

LIBERAL PARTY OF AUSTRALIA (SA


DIVISION - MT GAMBIER SEC)

Entity Name

4510
QLD

Liberal Party of Australia (Victoria Division)


Kooyong 200 Club

Entity Name

5290 SA

Liberal Party of Australia (Victoria Division)


Kooyong Electorate Conference

Entity Name

3065 VIC

ADELAIDE FEDERAL ELECTORATE


COMMITTEE LIBERAL PARTY

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14
56 757 434 614
Active

91 616 357 675


Active

48 523 244 785


Active

80 050 414 929


Active

Liberal Party of Australia NSW Division


Incorporated - North Sydney Forum

Entity Name

3065 VIC

LIBERAL PARTY OF AUSTRALIA SA


DIVISION STUART STATE
ELECTORATE COMMITTEE

Entity Name

2015
NSW

MORIALTA STATE ELECTORATE


COMMITTEE OF THE LIBERAL PARTY
OF AUSTRALIA (SOUTH AUSTRALIA
DIVISION)

Entity Name

5491 SA

LIBERAL PTY LTD

Entity Name

5073 SA

http://www.abr.business.gov.au/SearchByAbn.aspx?abn=80050414929

Entity name:

LIBERAL PTY LTD

ABN status:

Active from 01 Nov 1999

Entity type:

Australian Private Company

Goods & Services Tax (GST):

Not currently registered for GST

Main business location:

QLD 4670

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15

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

ABN last updated: 30 Nov 2007

Record extracted: 12 Sep 2016

57 474 627 843

Liberal National Party

Entity Name

4000 QLD

Active

http://www.abr.business.gov.au/SearchByAbn.aspx?abn=57474627843
Current details for ABN 57 474 627 843
Entity name:

Liberal National Party

ABN status:

Active from 12 Aug 2008

Entity type:

Other Incorporated Entity

Goods & Services Tax (GST):

Registered from 12 Aug 2008

Main business location:

QLD 4000

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

ABN last updated: 01 May 2014


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16

Record extracted: 12 Sep 2016


http://www.abr.business.gov.au/SearchByAbn.aspx?abn=15217882958
Current details for ABN 15 217 882 958
Entity name:

THE LIBERAL PARTY OF AUSTRALIA - FEDERAL


SECRETARIAT

ABN status:

Active from 01 Nov 1999

Entity type:

Other Unincorporated Entity

Goods & Services Tax


(GST):

Registered from 01 Jul 2000

Main business location:

ACT 2600

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

5
http://www.abr.business.gov.au/SearchByAbn.aspx?abn=51416126748
Current details for ABN 51 416 126 748
Entity name:

The Liberal Party of Australia Wentworth FEC

ABN status:

Active from 04 Jul 2007

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17
Entity type:

Other Unincorporated Entity

Goods & Services Tax (GST):

Registered from 04 Jul 2007

Main business location:

NSW 2021

Trading name(s) help


Trading name

From

The Wentworth Forum

04 Jul 2007

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

ABN last updated: 24 Nov 2009

Record extracted: 12 Sep 2016

5
36 081 905 761

NATIONAL PARTY

Other Name

3002 VIC

NATIONAL PARTY

Trading Name

4736 QLD

Liberal National Party

Entity Name

4000 QLD

NATIONAL PARTY OF AUSTRALIA

Trading Name

2600 ACT

Active

94 495 120 432


Active

57 474 627 843


Active

68 075 415 882


Active

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18
90 738 587 265

NATIONAL PARTY OF AUSTRALIA

Entity Name

2642 NSW

NATIONAL PARTY OF AUSTRALIA

Entity Name

2430 NSW

NATIONAL PARTY OF AUSTRALIA

Entity Name

4736 QLD

CANOWINDRA BRANCH NATIONAL PARTY

Trading Name

2864 NSW

FEDERAL NATIONAL PARTY OF AUSTRALIA

Entity Name

2600 ACT

LEBANESE NATIONAL LIBERAL PARTY

Entity Name

3071 VIC

MR PARTY

Business
Name

4227 QLD

NATIONAL PARTY FOUNDATION TRUST

Entity Name

3000 VIC

NATIONAL PARTY OF AUS (SA) INC

Entity Name

5606 SA

Active

37 964 776 250


Active

94 495 120 432


Active

18 900 772 405


Active

68 075 415 882


Active

57 114 916 741


Active

87 466 096 723


Active

58 386 689 161


Active

77 337 155 267


Active

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19
30 167 638 893

NATIONAL PARTY OF AUSTRALIA (WA) INC

Entity Name

6005 WA

NATIONAL PARTY OF AUSTRALIA - NSW

Entity Name

2000 NSW

NATIONAL PARTY OF AUSTRALIA VICTORIA

Entity Name

3000 VIC

NATIONAL PARTY OF AUSTRALIA


WENTWORTHBRANCH

Entity Name

2648 NSW

NATIONAL PARTY OF AUSTRALIACOMBOYNE


BRANCH

Trading Name

2429 NSW

NATIONAL PARTY OF AUSTRALIAPARKES


BRANCH

Trading Name

2870 NSW

NATIONAL PARTY OF AUSTRALIAWAUCHOPE


BRANCH

Entity Name

2446 NSW

Active

32 784 070 384

National Congress Party (Sudan) Inc

Entity Name

2148 NSW

PARTY&CO

Business
Name

4171 QLD

Active

40 538 388 169


Active

43 348 285 988


Active

39 644 264 156


Active

37 379 178 061


Active

30 825 685 707


Active

39 608 949 295

Active

34 149 799 806


Active

p19
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20
60 964 513 788

PORT STEPHENS NATIONAL PARTY

Trading Name

2316 NSW

Party

Trading Name

3977 VIC

Party Pty Ltd

Trading Name

3075 VIC

Pilliwinks Pty Ltd ATF National Party of Australia Victoria

Trading Name

3000 VIC

Active

39 114 835 255

THE PARTY COMPANY PTY LTD

Entity Name

5153 SA

W A PARLIAMENTRY NATIONAL PARTY

Entity Name

6000 WA

YOUNG NATIONAL PARTY OF AUSTRALIA

Entity Name

2000 NSW

NATIONAL PARTY OF AUSTRALIA TOCUMWAL BRANCH

Entity Name

2714 NSW

NATIONAL PARTY OF AUSTRALIA


COOTAMUNDRA BRANCH

Entity Name

2590 NSW

Active

65 959 755 493


Active

98 589 169 323


Active

79 005 398 381

Active

33 278 436 113


Active

96 119 626 364


Active

33 919 788 022


Active

18 830 012 727


Active

p20
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21
58 677 841 361
Active

54 168 237 488


Active

32 352 037 735


Active

74 292 932 348


Active

63 586 075 090


Active

33 896 841 046


Active

51 819 188 511


Active

97 646 842 193


Active

30 312 217 019


Active

NATIONAL PARTY OF AUSTRALIA DELUNGRA


NSW

Trading Name

2403 NSW

NATIONAL PARTY OF AUSTRALIA


MACKSVILLE BRANCH

Entity Name

2447 NSW

NATIONAL PARTY OF AUSTRALIA NSW


BRANCH

Entity Name

2405 NSW

NATIONAL PARTY OF AUSTRALIA


NSWBARMEDMAN BRANCH

Entity Name

2668 NSW

NATIONAL PARTY OF AUSTRALIA


NSWCESSNOCK BRANCH

Entity Name

2325 NSW

NATIONAL PARTY OF AUSTRALIA


NSWDUDNEE BRANCH

Trading Name

2370 NSW

NATIONAL PARTY OF AUSTRALIA


NSWGOONELLABAH BRANCH

Entity Name

2480 NSW

NATIONAL PARTY OF AUSTRALIA


NSWGUNNEDAH BRANCH

Entity Name

2380 NSW

NATIONAL PARTY OF AUSTRALIA NSWGUYRA


BRANCH

Entity Name

2365 NSW

There are numerous more listed under NATIONAL PARTY, no need to quote them all.
.
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22
http://www.abr.business.gov.au/SearchByAbn.aspx?abn=68075415882
Entity name:

FEDERAL NATIONAL PARTY OF AUSTRALIA

ABN status:

Active from 19 Apr 2000

Entity type:

Other Unincorporated Entity

Goods & Services Tax (GST):

Registered from 01 Jul 2000

Main business location:

ACT 2600

Trading name(s) help


Trading name

From

NATIONAL PARTY OF AUSTRALIA

19 Apr 2000

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

ABN last updated: 01 Jul 2000

Record extracted: 12 Sep 2016


http://www.abr.business.gov.au/SearchByAbn.aspx?abn=68075415882

ABN details help

Entity name:

FEDERAL NATIONAL PARTY OF AUSTRALIA

ABN status:

Active from 19 Apr 2000

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23
Entity type:

Other Unincorporated Entity

Goods & Services Tax (GST):

Registered from 01 Jul 2000

Main business location:

ACT 2600

Trading name(s) help


Trading name

From

NATIONAL PARTY OF AUSTRALIA

19 Apr 2000

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

ABN last updated: 01 Jul 2000

Record extracted: 12 Sep 2016

5
https://www.google.com.au/?gws_rd=ssl#q=are+gifts+to+political+parties+tax+deductible

10

The $1,500 limit does not apply in this case. A deduction for a contribution or gift cannot add to or
create a tax loss. Political parties are not DGRs. However, in some circumstances, gifts and
contributions made by individuals to political parties and independent candidates may be tax
deductible.Oct 14, 2015
Claiming political contributions and gifts | Australian Taxation Office
https://www.ato.gov.au/.../Gifts...tax-deductions/Claiming-political-contributions-and-gif...

15

20

Claiming political contributions and gifts | Australian Taxation Office


https://www.ato.gov.au/.../Gifts...tax-deductions/Claiming-political-contributions-and-..
Oct 14, 2015 - The $1,500 limit does not apply in this case. A deduction for a contribution or gift
cannot add to or create a tax loss. Political parties are not DGRs. However, in some
circumstances, gifts and contributions made by individuals to political parties and independent
candidates may be tax deductible.

25

Deductible gift recipients - FAQs | Australian Taxation Office


https://www.ato.gov.au/Non-profit/Getting.../Deductible-gift-recipients---FAQs/?...
Jul 8, 2014 - Contributions and gifts of $2 or more to registered political parties by individual
taxpayers may be tax deductible. The total deduction allowable in an income year is limited to
$1,500.
D9 Gifts or donations 2016 | Australian Taxation Office
https://www.ato.gov.au/.../Tax-Return/.../Tax.../Deduction.../D9-Gifts-or-donations-20...
May 26, 2016 - a registered political party; an independent candidate in an election for ... You
cannot claim a deduction for a gift or donation if you received ...
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24
Conditions for a tax-deductible contribution | Australian Taxation Office
https://www.ato.gov.au/non.../gifts-and.../conditions-for-a-tax-deductible-contribution
Oct 14, 2015 - Tax-deductible gifts Press right to expand, left to close. ... as a gift. Fundraising
events held by political parties are ineligible for this concession.

Claiming donations and Gifts - Tax deductions | H&R Block


https://www.hrblock.com.au/tax-tips/claiming-donations-and-gifts
You can only claim a tax deduction for gifts or donations to organisations which ... Fundraising
events held by political parties are ineligible for this concession.
[PDF]June 2013 Tax Deductibility of Political Donations
www.nexia.com.au/LiteratureRetrieve.aspx?ID=136361
Jun 2, 2013 - Written by Michael Bannon, Tax Consulting Partner, Canberra Office. Published in
the ... Are donations to political parties tax deductible?

10

Donate | Liberal Party of Australia


https://www.liberal.org.au/donate
... campaign to win the next federal election. Donations by individuals to registered political
parties of between $2 and $1500 in a financial year are tax deductible.

15

Are Campaign Contributions Tax Deductible? | MONEY - Time


time.com/money/4059861/deduct-campaign-contributions-taxes/
Oct 7, 2015 - Will Paying Off Our Daughter's Student Loans Trigger a Gift Tax? ... Q: Can I deduct
campaign contributions on my federal income taxes? ... programs that benefit a political party or
political candidate are not deductible, it says ...

20

Political funding in Australia - Wikipedia, the free encyclopedia


https://en.wikipedia.org/wiki/Political_funding_in_Australia
Jump to Tax deductibility - The disclosure rules for political parties require them to characterise
receipts as either "donations" or "other receipts". ... as not to be treated as a political donation,
which is subject to the tax deductibility limit.

25

Privacy and Legals - Australian Labor Party


www.alp.org.au/privacy_and_legals
The Australian Labor Party values your privacy, and follows current Australian ... Donations up to
$1,500 to registered political parties may be tax deductible.

30

https://www.ato.gov.au/Non-profit/Gifts-and-fundraising/How-supporters-claim-taxdeductions/Claiming-political-contributions-and-gifts/
QUOTE

35

40

Claiming political contributions and gifts


Political parties are not DGRs. However, in some circumstances, gifts and
contributions made by individuals to political parties and independent candidates
and members may be claimed as income tax deductions. If an individual wants to
claim a tax deduction for their contribution or gift to a political party,
independent candidate or independent member:
o

the recipient must be either

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25

a political party registered under Part XI of the Commonwealth Electoral Act 1918 or
under corresponding state or territory legislation

an individual who is or was an independent member of or who is an independent


candidate for the Commonwealth Parliament, a state parliament, the Legislative
Assembly of the Northern Territory or the Legislative Assembly for the Australian
Capital Territory

10

they must make the contribution or gift as an individual in their personal capacity and not in
the course of carrying on a business
their contribution or gift must be $2 or more and be of either

15

money
property that they purchased during the 12 months before making the contribution or
gift.

Taxpayers can't claim a deduction for testamentary contributions and gifts, that is,
those made under a will.

Registered political parties


If a taxpayer pays a membership subscription to a registered political party, they
can claim a deduction for this as a contribution.
20

See also:
Australian Electoral Commission websiteExternal Link for a list of political
parties registered under the Commonwealth Electoral Act 1918.

Independent candidates and members


25

30

An independent candidate is one whose candidature is not endorsed by a political


party registered under the Commonwealth Electoral Act 1918 or under
corresponding state or territory electoral legislation. The term includes an
endorsed candidate of an unregistered political party.
An independent member is one who is not a member of a political party that is
registered under Part XI of the Commonwealth Electoral Act 1918 or under
corresponding state or territory legislation. The term includes a member of an
unregistered political party.
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26

If a taxpayer makes a contribution or gift to an independent candidate in an


election, they must make it in the period:
o

from the time the candidates for the election are officially declared or announced

until either the

candidate makes public their intention to no longer be a candidate

result of the election is officially declared or announced.

In the rare situation of an election wholly failing, the latter date changes to when
the candidates are officially declared or announced for the replacement election.
10

For an independent member, the contribution or gift must be made in the period:
o
o

starting when the individual is an independent member (starting when the individuals
election is officially declared or announced), or
finishing when the individual ceases to be an independent member because either the

15

parliament, a house of the parliament or the legislative assembly is dissolved or has


reached its maximum duration
individual comes up for election.

This only applies until the candidates for the resulting election are officially
declared or announced.

20

Individuals making personal donations


The individual claims their tax deduction for a political contribution or gift in the
tax return for the income year in they made the contribution or gift.
The most that they can claim in an income year is:

25

$1,500 for contributions and gifts to political parties

$1,500 for contributions and gifts to independent candidates and members.

The amount of the deduction for a contribution or gift of property is either the
market value of the property on the day the contribution or gift was made or the
amount the individual paid for the property, whichever is less.
A deduction for a contribution or gift cannot add to or create a tax loss.
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27

Example Donating to political parties, independent members and candidates


During the 201415 income year, John contributes in his personal capacity $500
and $1,500 respectively to two registered political parties. He also gifts $200,
$600 and $1,100 respectively to two independent candidates and one independent
member.

John may claim a tax deduction of $3,000 in his 201415 tax return:
o

$1,500 for the $2,000 contributed to political parties

$1,500 for the $1,900 gifted to the independent candidates and the independent member.

End of example

Business taxpayers

10

A business taxpayer cannot claim deductions for contributions and gifts to


political parties, members and candidates including payments incurred in deriving
assessable income.
Business taxpayers could claim a deduction for contributions and gifts made
before 1 July 2008.

15

Individuals making business-related donations


Non-business taxpayers, such as an employee or an office holder, who make
payments to political parties, members and candidates in deriving their assessable
income, may claim the expense as a deduction under the general deduction
provision. This is similar to an accountant being eligible for a deduction for
annual subscriptions paid to a society of accountants. The $1,500 limit does not
apply in this case.

20

A deduction for a contribution or gift cannot add to or create a tax loss.


Political parties are not DGRs. However, in some circumstances, gifts and contributions made by
individuals to political parties and independent candidates may be tax deductible.

25

Last modified: 14 Oct 2015QC 18157

END QUOTE
http://www.aec.gov.au/Parties_and_Representatives/party_registration/index.htm
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28
QUOTE

Political Party Registration


Listen
Updated: 30 March 2016

Political party registration:


Applications under the
Commonwealth Electoral Act 1918
(Electoral Act)

10

An application to register a new party would be expected to take at least 12 weeks to complete.
Applications from currently registered parties to register a party logo are expected to take a minimum
of six weeks to complete.

These timeframes could be extended if there are objections during the one month public consultation process,
as applicant parties have the right of response to objections provided to the AEC.
Guidance for party registration applications is provided below.

In this section:

15

Political party registration overview

Current Register of Political Parties

Party registration notices: applications and decisions

Deregistered Political Parties

See also

20

Party Registration Guide

How to register a party logo advice to political parties

Commonwealth Electoral (Logo Requirements) Determination 2016

Party registration forms and materials

Further Information

25

Political representation

Media Releases

Political Disclosures

END QUOTE
30
http://www.aec.gov.au/Parties_and_Representatives/party_registration/Registered_parties/

QUOTE

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29

Current Register of Political Parties


Listen
Updated: 16 May 2016

The Australian Electoral Commission maintains a register of political parties. This register lists those parties
which are eligible to have their party affiliation next to their endorsed candidates printed on ballot papers.

Search for a registered party:

#Sustainable Australia

21st Century Australia

Animal Justice Party

10

Australia First Party (NSW) Incorporated

Australian Antipaedophile Party

Australian Christians

Australian Country Party

Australian Cyclists Party

15

Australian Defence Veterans Party

Australian Equality Party (Marriage)

Australian Greens (including four additional branches listed below)

20

The Greens NSW

The Australian Greens - Victoria

Queensland Greens

The Greens (WA) Inc

25

30

Australian Labor Party (ALP) (including nine additional branches listed below)
o

Australian Labor Party (N.S.W. Branch)

Australian Labor Party (Victorian Branch)

Australian Labor Party (State of Queensland)

Australian Labor Party (Western Australian Branch)

Australian Labor Party (South Australian Branch)

Australian Labor Party (Tasmanian Branch)

Australian Labor Party (ACT Branch)

Australian Labor Party (Northern Territory) Branch

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o

Country Labor Party

Australian Liberty Alliance

Australian Motoring Enthusiast Party

Australian Progressives

Australian Recreational Fishers Party

Australian Sex Party

Bullet Train For Australia

Christian Democratic Party (Fred Nile Group)

Citizens Electoral Council of Australia

10

Consumer Rights & No-Tolls

Country Liberals (Northern Territory)

CountryMinded

Democratic Labour Party (DLP)

Derryn Hinch's Justice Party

15

Drug Law Reform Australia

Family First Party

Glenn Lazarus Team

Health Australia Party

Help End Marijuana Prohibition (HEMP) Party

20

Jacqui Lambie Network


John Madigan's Manufacturing and Farming Party

Katter's Australian Party

Liberal Democratic Party

Liberal Party of Australia (including seven additional branches listed below)

25

Liberal Party of Australia, NSW Division

Liberal Party of Australia (Victorian Division)

Liberal National Party of Queensland

Liberal Party (W.A. Division) Inc.

Liberal Party of Australia (S.A. Division)

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o

Liberal Party of Australia Tasmanian Division

Liberal Party of Australia ACT Division

Mature Australia Party

National Party of Australia (including four additional branches listed below)

10

National Party of Australia N.S.W.

National Party of Australia Victoria

National Party of Australia (WA) Inc

National Party of Australia (S.A.) Inc.


Nick Xenophon Team
Non-Custodial Parents Party (Equal Parenting)

Online Direct Democracy (Empowering the People!)

Outdoor Recreation Party (Stop The Greens)

Palmer United Party

Pauline Hansons One Nation

15

Pirate Party Australia

Renewable Energy Party

Rise Up Australia Party

Secular Party of Australia

Seniors United Party of Australia

20

Science Party

Shooters, Fishers and Farmers Party

Smokers Rights Party

Socialist Alliance

Socialist Equality Party

25

The Arts Party

The Australian Mental Health Party

Voluntary Euthanasia Party

VOTEFLUX.ORG | Upgrade Democracy!

See Also
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Deregistered and renamed Political Parties

As at 2014 WA Senate election

As at 2013 federal election

As at 2010 federal election

As at 2007 federal election

As at 2004 federal election

As at 2001 federal election

As at 1998 federal election

As at 1996 federal election

10

As at 1993 federal election

As at 1990 federal election

As at 1987 federal election

As at 1984 federal election

END QUOTE
15
Search results - active ABNs and names
http://www.abr.business.gov.au/SearchByName.aspx?SearchText=DERRYN+HINCH

QUOTE

Matching names

ABN

Name

Type

Location

70 038 128 583

DERRYN NIGEL HINCH

Entity Name

3004 VIC

Derryn

Trading Name

2745 NSW

Derryn Hinch Justice Party

Business Name

3004 VIC

derryn

Other Name

3144 VIC

Active

99 343 648 164


Active

70 038 128 583


Active

73 142 855 301


Active

20

END QUOTE
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33
http://www.abr.business.gov.au/SearchByAbn.aspx?abn=70038128583

QUOTE

Entity name:

HINCH, DERRYN NIGEL

ABN status:

Active from 24 Nov 2015

Entity type:

Individual/Sole Trader

Goods & Services Tax (GST):

Not currently registered for GST

Main business location:

VIC 3004

Business name(s) help


Business name

From

Derryn Hinch Justice Party

24 Nov 2015

ABN last updated: 24 Nov 2015

Record extracted: 12 Sep 2016


END QUOTE

10

http://abr.business.gov.au/EntityTypeDescription.aspx?Id=00012

QUOTE

Individual/Sole Trader

15

The Tax Office distinguishes between individuals and non-individuals. Individual is a term used
to identify natural persons and non-individuals is a term used to identify entities other than an
individual such as:

trust

company

partnership

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34

superannuation fund

END QUOTE
http://www.abr.business.gov.au/SearchByAbn.aspx?abn=70038128583

QUOTE

Entity name:

HINCH, DERRYN NIGEL

ABN status:

Active from 24 Nov 2015

Entity type:

Individual/Sole Trader

Goods & Services Tax (GST):

Not currently registered for GST

Main business location:

VIC 3004

Business name(s) help


Business name

From

Derryn Hinch Justice Party

24 Nov 2015

ABN last updated: 24 Nov 2015

Record extracted: 12 Sep 2016

10

END QUOTE
https://www.ato.gov.au/Non-profit/Getting-started/Types-of-not-for-profit-organisations/

QUOTE

15

Types of not-for-profit organisations


Depending on the type of not-for-profit (NFP) organisation, different concessions
are available. NFP organisations fall within two broad categories for tax
purposes:

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35
o

charities

other types of NFP organisations.

Some of these organisations are also deductible gift recipients.

Charities
5

10

Charities receive the highest level of tax concessions. Charities must be registered
with the Australian Charities and Not-for-profits Commission (ACNC) before
they can be endorsed by us to access charity tax concessions. Charity tax
concessions are income tax exemption, FBT exemption, FBT rebate and GST
charity concessions. Charities that are endorsed to access any of these
concessions are known as 'tax concession charities' or TCCs.
Charities can be further broken down into the following types:

15

public benevolent institutions (PBIs)

health promotion charities (HPCs)

other charities.

PBIs and HPCs receive wider tax concessions than other charities.
See also:
Charity types and concessions

Other types of NFP organisations


20

NFP organisations that are not charities can self-assess their entitlement to certain
tax concessions, such as income tax exemption.
Examples of these types of organisations are sporting and recreational clubs,
community service organisations, professional and business associations, and
cultural and social societies.

25

Self-assessment means an organisation can work out for itself whether it is


entitled to access a tax concession, and it does not need to be endorsed by us to
access the concession.
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See also:
Is your organisation not-for-profit?
Types of income tax exempt organisations

Deductible gift recipients


5

Some charities, clubs, societies and associations are also deductible gift recipients
(DGRs).
DGRs are organisations that are entitled to receive tax-deductible gifts. DGRs are
either:

10

endorsed by us

listed by name in the tax law.

Tax deductions for gifts are claimed by the person or organisation that makes the
gift (the donor). Gifts are also referred to as donations.

15

There is a misconception held by some people that all charities can receive taxdeductible donations. This is incorrect not all charities are DGRs, and not all
DGRs are charities.

20

To be entitled to receive tax-deductible donations, an organisation (including a


charity) must be a DGR. Organisations can apply to us for endorsement if they
fall in a general DGR category specified in the tax law. This is done through the
DGR endorsement process which is different to the TCC endorsement process
where charities apply for approval to access charity tax concessions.
See also:
Types of DGRs

Diagram organisation types and concessions

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The following diagram shows the types of NFP organisations discussed above
and some of tax concessions they can access, including DGR status.

The diagram does not represent the relative size or population of each type.

Not all concessions are shown.

Some concessions require endorsement by the ATO.

See also:
Tax concessions an overview
Not-for-profit (NFP) organisations fall within broad categories for tax purposes. Concessions available to
an organisation, and the process for accessing concessions, can vary depending on the type of NFP
organisation.

10

Last modified: 06 Jul 2016QC 33603

END QUOTE

15

https://www.ato.gov.au/Non-profit/getting-started/tax-concessions/

QUOTE

20

Tax concessions
A range of tax concessions are available to not-for-profit (NFP) organisations.
Few of the concessions apply to all organisations in the NFP sector. They
generally apply to particular types of not-for-profit organisations.

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38

Regardless of whether your organisation is eligible for concessions, it may still


have tax obligations to comply with. For example, obligations for GST, FBT and
PAYG withholding see Registering your organisation.

The table below provides a summary of tax concessions and the types of NFP
organisations that can access them.
The table groups NFP organisations as follows:
o

charities including public benevolent institutions and health promotion charities

other NFP organisations.

The table also refers you to more information about each concession.
10

There are also concessions for:


o
o
o

15

public and NFP hospitals and public ambulance services


religious institutions and GST concessions for charities, gift deductible entities and
government schools
non-profit companies and live-in residential care workers.

It is important to check the notes to the table, as your organisation may need to
meet certain requirements before it can access a concession.
Table: Summary of tax concessions and types of NFP organisations
Types of NFP organisations
Public benevolent
institutions
Tax concessions
and

Charities

Other NFP
organisations

Certain types
only 2

health promotion
charities

Income tax exemption


1

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FBT exemption (subject to


capping threshold)

Certain types
only 3

FBT rebate

GST concessions for charities


and gift deductible entities

Certain types
only 4

Certain types
only 5

Certain types Certain types


only 6
only 6

GST concessions for NFP


organisations

Deductible gift recipients

Refunds of franking credits

Certain types
only 7

Notes to table
6. The organisation must be endorsed by us to access this concession, see Endorsement
requirements.

7. Only certain types of NFP organisations are exempt from income tax. Many NFP organisations
are taxable, but may be entitled to special rules for calculating taxable income, lodging income
tax returns and special rates of tax, see Income tax.
8. Public and NFP hospitals and public ambulance services are eligible for this concession, see
FBT exemption.
9. Certain non-government NFP organisations are eligible for this concession, see FBT rebate.

10

10. The organisation must be a deductible gift recipient to access this concession - see Deductible
gift recipients.

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40
11. The organisation must be endorsed by us as a deductible gift recipient to access this concession.
The only organisations that do not need to be endorsed are those listed by name in tax law, see
Deductible gift recipients.
12. The organisation must be an entity that is endorsed by us as exempt from income tax or a
deductible gift recipient to access this concession, see Refunds of franking credits.

13. The organisation must be endorsed by us to access this concession. Not all charities are eligible
for this concession, see FBT rebate.

See also:

10

FBT exemption

Religious institutions

GST concessions

Non-profit companies and live-in residential carers

A range of tax concessions are available to not-for-profit (NFP) organisations. However few concessions
apply to all organisations in the NFP sector - they generally apply to particular types of NFP
organisations.

15

Last modified: 20 Jul 2015QC 33596

END QUOTE

20

https://www.ato.gov.au/Non-profit/Getting-started/In-detail/Types-of-charities/Religious-institutions--access-to-tax-concessions/

QUOTE

Religious institutions: access to tax


concessions

Introduction
25

30

This information explains the requirements for religious institutions to access


the following tax concessions:
o

income tax exemption

fringe benefits tax (FBT) concessions

goods and services tax (GST) concessions.

We explain:
o

what is a religious institution

types of tax concessions available to a religious institution

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41
o

the steps a religious institution takes before it can access these concessions.

Work it out
To work out if your organisation can receive tax deductible gifts refer to
Deductible gift (DGR) endorsement.

End of work it out

10

Last modified: 19 Mar 2014QC 35223

END QUOTE

The following indicates to me that this is unconstitutional in view of S116 of the constitution
as to provide tax exemption in favour of religious institutions would mean the same to be
applicable to non-religious institutions like atheist, etc.
15

20

25

From my written submissions in the ADDRESS TO THE COURT regarding my both successful
appeals held on July 2006:
ADDRESS TO THE COURT
County Court of Victoria, Case numbers T01567737 & Q10897630
QUOTE ADDRESS TO THE COURT County Court of Victoria, Case numbers T01567737 & Q10897630
QUOTE 4-6-2006 CORRESPONDENCE FAXED 10.36 pm 4-6-2006

WITHOUT PREJUDICE
Commonwealth Director of Public Prosecutions
4-62006
C/o Judy McGillivray, lawyer
Melbourne Office, 22nd Floor, 2000 Queen Street, Melbourne VIC 3000
GPO Box 21 A, Melbourne Vic 3001
Tel 03 9605 4333, Fax 03 9670 4295
ref; 02101199, etc
T01567737 & Q01897630
AND WHOM IT MAY CONCERN

30
Re; religious objection (Subsection 245(14) of the Commonwealth Electoral Act 1918)
offend Section 116 if the Constitution if it excludes secular belief based objections.

35

40

45

Madam,
As you are aware I continue to refer to my religious objection albeit do wish to indicate
that while using the religious objection referred to in subsection 245(14) of the
Commonwealth Electoral Act 1918 I do not consider that this subsection 14 limits an
objection only to an theistic belief based religious objection but in fact it also includes
any secular belief based religious objection, as it must be neutral to whatever a person
uses as grounds for an objection. This, as Section 116 of the Constitution prohibit the
Commonwealth of Australia to limit the scope of subsection 245(14) to only theistic
belief based religious objections. Therefore, any person having a purely moral, ethical,
or philosophical source of religious objection have a valid objection.
Neither do I accept that a person making an religious objection requires to state his/her
religion, and neither which part of his/her religion provides for a religious objection as
the mere claim itself is sufficient to constitute what is referred to in subsection 245(14) as
being a religious objection. Therefore, the wording religious objection is to be taken
as objection without the word religion having any special meaning in that regard.
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42
If you do not accept this as such, then there is clearly another constitutional issue on foot!
I request you to respond as soon as possible and set out your position in this regard.
Awaiting your response, G. H. SCHOREL-HLAVKA
5

END QUOTE 4-6-2006 CORRESPONDENCE FAXED 10.36 pm 4-6-2006


QUOTE 7-6-2006 CORRESPONDENCE FAXED 7-6-2006

10

15

20

25

30

35

40

WITHOUT PREJUDICE
Commonwealth Director of Public Prosecutions
7-62006
C/o Judy McGillivray, lawyer
Melbourne Office, 22nd Floor, 2000 Queen Street, Melbourne VIC 3000
GPO Box 21 A, Melbourne Vic 3001
Tel 03 9605 4333, Fax 03 9670 4295
ref; 02101199, etc
T01567737 & Q01897630
AND WHOM IT MAY CONCERN
Re; Charges, etc
Madam,
With proceedings due next month, I view it would be more appropriate if you were to
make some effort as to communicate with myself regarding matters relating to the charges
and indeed the legal justification of them. After all, the Commonwealth Director of Public
Prosecutions may be litigating against many people allegedly failing to vote, besides
myself, and it may be born out by my material that none of such litigation could be
constitutionally valid. In my view, the Commonwealth Director of Public Prosecutions
must consider ALL RELEVANT MATERIAL as to ensure it is not pursuing vexatious
charges.
I assume that while you are a lawyer, more then likely you are not a constitutionalist,
and as such may lack the experiences and competence to understand and comprehend the
material I am relying upon, and for this you may do better to perhaps seek to consult a
constitutionalist who is appropriately trained in these matters. After all, if a
constitutionalist were to conclude that indeed I am on the right track that the charges
have no constitutional validity then you could surely save the Courts time to hear and
determine vexatious charges or even to try to attempt to do so.
Albeit, I am still working on the DRAFT version of the ADDRESS TO THE COURT, it
nevertheless is already comprehensive and would indicate to a constitutionalist that the
charges are ill conceived and without any constitutional bases to proceed with, and as such
I am willing to provide an electronic copy to you of the DRAFT, albeit not completed,
version so you may perhaps seek advise of a constitutionalist.
Awaiting your response, G. H. SCHOREL-HLAVKA
END QUOTE 7-6-2006 CORRESPONDENCE FAXED 7-6-2006

Firstly, I do wish to quote Section 117 and then 116 of the Constitution, both being
relevant;
45
117 Rights of residents in States

50

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.

Despite this, the Defendant continues to find that he is excluded from accessing High Court
of Australia, Federal Court of Australia and other AuslII.edu files. This despite ongoing
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43
complaints filed via the Victorian Government, High Court of Australia, Federal Court of
Australia, etc.

10

It appears to the Defendant that this denial of access to judgments has been to try to limit
the Defendant to have relevant Authorities for litigation on foot.
After having filed a complaint via the Victorian Government then for about 2 weeks access
was enabled, only to be excluded again, as such, it is a deliberate conduct to prevent me to
research judgments on record so as to frustrate me in legal proceedings.
I view that this is in breach of Section 117 of the Constitution.
Because of this deliberate blockage to access Australian Authorities I am forced to rely
often upon US Authorities. In view that in the USA there is also a prohibition to legislate in
regard of religion then the equivalent Authority can be relied upon.
116 Commonwealth not to legislate in respect of religion

15

The Commonwealth shall not make any law for establishing any
religion, or for imposing any religious observance, or for
prohibiting the free exercise of any religion, and no religious test
shall be required as a qualification for any office or public trust
under the Commonwealth.

20
As shown below in greater extend the question of the Defendants religion itself would be
an invasion as to his rights. Further, there is no requirement to state any particular religion
as the matter in U.S. Supreme Court.
25

116 Commonwealth not to legislate in respect of religion

30

The Commonwealth shall not make any law for establishing any
religion, or for imposing any religious observance, or for
prohibiting the free exercise of any religion, and no religious test
shall be required as a qualification for any office or public trust
under the Commonwealth.

WELSH v. UNITED STATES, 398 U.S. 333 (1970), 398 U.S. 333, WELSH v. UNITED
STATES, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT, No. 76., Argued January 20, 1970, Decided June 15, 1970
35

40

45

50

1. The language of 6 (j) cannot be construed (as it was in United States v. Seeger,
supra, and as it is in the prevailing opinion) to exempt from military service all
individuals who in good faith oppose all war, it being clear from both the legislative
history and textual analysis of that provision that Congress used the words "by
reason of religious training and belief" to limit religion to its theistic sense and to
confine it to formal, organized worship or shared beliefs by a recognizable and
cohesive group. Pp. 348-354.
2. The question of the constitutionality of 6 (j) cannot be avoided by a construction
of that provision that is contrary to its intended meaning. Pp. 354-356.
3. Section 6 (j) contravenes the Establishment Clause of the First Amendment by
exempting those whose conscientious objection claims are founded on a theistic
belief while not exempting those whose claims are based on a secular belief. To
comport with that clause an exemption must be "neutral" and include those whose
belief emanates from a purely moral, ethical, or philosophical source. Pp. 356-361.
4. In view of the broad discretion conferred by the Act's severability clause and the
longstanding policy of exempting religious conscientious objectors, the Court,
rather than nullifying the exemption entirely, should extend its coverage to those
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44
like petitioner who have been unconstitutionally excluded from its coverage. Pp.
361-367.
And;
5
http://www.vaccineinfo.net/exemptions/relexemptlet.shtml
Hints for Religious Exemptions to Immunization
Please read the text below before you download, print, or use the sample religious
exemption letter and support materials provided in the following link:

10

Sample Religious Exemption Letter and Supporting Documentation


Refer to the statutes. The laws require that immunization must conflict with the tenets
and practices of a recognized or organized religion of which you are an adherent or
member. However, the law does not require you to name a religion at all. In fact,
disclosing your religion could cause your religious exemption to be challenged.

15

And
Some schools and daycares attempt to require you to give far more information than
required by law. You are not required by law to fill out any form letters from a school
or daycare. The law allows you to submit your own letter and the letter only needs to
meet the bare requirements of the law. Keep it simple; do not feel you need to describe
your religious beliefs here as that also is not required by law.
And
Many times, when a school or day care questions your exemption, they are merely
unfamiliar with the law or trying to coerce you to go against your beliefs by
deliberately misrepresenting the law. They are betting on the fact that you don't
know your rights.

20

25

30
What appears to be clear is that a religious objection is not qualified to a specific religion
and neither can be as this would in fact offend Section 116 of the Constitution. Neither can
it be associated with any particular religion as this would also interfere with Section 116 of
the Constitution. Likewise, any person objecting under the religious objection
Subsection 245(14) of the Commonwealth Electoral Act 1918 neither can be required to
be a religious person as this would also offend Section 116 of the Constitution, as the
equivalent in WELSH v. UNITED STATES, 398 U.S. 333 (1970), 398 U.S. 333 made
clear that it (the religious objection applies as much to non religious persons as religious
persons. Therefore, anyone objection for his/her personal reasons to vote clearly is entitled
to do so regardless of having any specific religion mentioned.

35

40

END QUOTE ADDRESS TO THE COURT County Court of Victoria, Case numbers T01567737 & Q10897630
https://www.ato.gov.au/Non-profit/Getting-started/In-detail/Types-of-charities/Religious-institutions--access-to-taxconcessions/?anchor=Religiousinstitution#Religiousinstitution

45

QUOTE

What is a religious institution?


Your organisation is a religious institution if it is both:
o

non-profit

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45
o

an institution to advance or promote religious purposes.

The beliefs and practices of members constitute a religion. Religion involves:

a belief in a supernatural being, thing or principle

the acceptance of canons of conduct that give effect to that belief.

Examples of religious institutions include:


o

churches and other religious congregations

missionary institutions

seminaries and bible colleges.

Non-profit
10

15

20

25

A non-profit organisation is an organisation that is not operating for the profit


or gain of its individual members, whether these gains would have been direct
or indirect. This applies both while the organisation is operating and when it
winds up.
Any profit made by the organisation goes back into the operation of the
organisation to carry out its purposes and is not distributed to any of its
members.
We accept an organisation as non-profit where its constituent or governing
documents prevent it from distributing profits or assets for the benefit of
particular persons both while it is operating and when it winds up. These
documents should contain acceptable clauses showing the organisation's nonprofit character. The organisation's actions must be consistent with this
requirement.
A non-profit organisation can still make a profit, but this profit must be used to
carry out its purposes and must not be distributed to owners, members or other
private people.

Find out more


For examples of clauses that indicate non-profit character refer to Is your
organisation non-profit?
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46

End of find out more

Institution
Your organisation will be an institution if it is an establishment, organisation or
association that is instituted and operated to advance or promote its purposes.
An institution can have different legal forms. It may be a trust established by
will or instrument of trust. It may have the legal structure of an unincorporated
association or a corporation. However, incorporation is not enough on its own
for an organisation to be an institution. Its activities, size, permanence and
recognition will be relevant.

An institution mainly carries out its own activities relevant to its purposes.

10

An institution is not:
o

a fund for example, a trust merely to manage or hold trust property to make distributions to
other entities or people

a structure with a small and exclusive membership that is controlled and operated by family
members and friends and carries out limited activities.

15

Example: Not an institution


A corporation is set up and controlled by the small and exclusive membership
of a family. Its object is to spread the gospel. The only activities are holding
assets and arranging for the father of the family to speak at churches on some
Sundays.

20

The corporation is not an institution.

End of example
Last modified: 19 Mar 2014QC 35223

25
END QUOTE

The same but now with a different weblink:


30

https://www.ato.gov.au/Non-profit/Getting-started/In-detail/Types-of-charities/Religious-institutions--access-to-taxconcessions/?anchor=Religiousinstitution#Non_Profit

QUOTE

What is a religious institution?

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47

Your organisation is a religious institution if it is both:


o

non-profit

an institution to advance or promote religious purposes.

The beliefs and practices of members constitute a religion. Religion involves:


5

a belief in a supernatural being, thing or principle

the acceptance of canons of conduct that give effect to that belief.

Examples of religious institutions include:

10

churches and other religious congregations

missionary institutions

seminaries and bible colleges.

Non-profit

15

A non-profit organisation is an organisation that is not operating for the profit


or gain of its individual members, whether these gains would have been direct
or indirect. This applies both while the organisation is operating and when it
winds up.
Any profit made by the organisation goes back into the operation of the
organisation to carry out its purposes and is not distributed to any of its
members.

20

25

We accept an organisation as non-profit where its constituent or governing


documents prevent it from distributing profits or assets for the benefit of
particular persons both while it is operating and when it winds up. These
documents should contain acceptable clauses showing the organisation's nonprofit character. The organisation's actions must be consistent with this
requirement.
A non-profit organisation can still make a profit, but this profit must be used to
carry out its purposes and must not be distributed to owners, members or other
private people.

Find out more


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48

For examples of clauses that indicate non-profit character refer to Is your


organisation non-profit?
End of find out more

Institution
Your organisation will be an institution if it is an establishment, organisation or
association that is instituted and operated to advance or promote its purposes.

An institution can have different legal forms. It may be a trust established by


will or instrument of trust. It may have the legal structure of an unincorporated
association or a corporation. However, incorporation is not enough on its own
for an organisation to be an institution. Its activities, size, permanence and
recognition will be relevant.

10

An institution mainly carries out its own activities relevant to its purposes.
An institution is not:
o

a fund for example, a trust merely to manage or hold trust property to make distributions to
other entities or people

a structure with a small and exclusive membership that is controlled and operated by family
members and friends and carries out limited activities.

15

Example: Not an institution


A corporation is set up and controlled by the small and exclusive membership
of a family. Its object is to spread the gospel. The only activities are holding
assets and arranging for the father of the family to speak at churches on some
Sundays.

20

The corporation is not an institution.


25

END QUOTE
https://www.ato.gov.au/Non-profit/Getting-started/In-detail/Types-of-charities/Religious-institutions--access-to-taxconcessions/?anchor=_Institution#_Institution

QUOTE

30

Religious institutions: access to tax


concessions

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49

Introduction
This information explains the requirements for religious institutions to access
the following tax concessions:

income tax exemption

fringe benefits tax (FBT) concessions

goods and services tax (GST) concessions.

We explain:

10

what is a religious institution

types of tax concessions available to a religious institution

the steps a religious institution takes before it can access these concessions.

Work it out
To work out if your organisation can receive tax deductible gifts refer to
Deductible gift (DGR) endorsement.
End of work it out

15

20

Last modified: 19 Mar 2014QC 35223

END QUOTE
https://www.ato.gov.au/Non-profit/Getting-started/Endorsement/Deductible-gift-recipient-(DGR)-endorsement/

QUOTE

25

Deductible gift recipient (DGR)


endorsement
If a not-for-profit (NFP) organisation wants to receive income tax deductible gifts
and tax deductible contributions, it must be a deductible gift recipient (DGR).
The majority of organisations become DGRs by being endorsed by us. The only
DGRs that do not need to be endorsed are those listed by name in the tax law.
Follow the links below for information on:

30

Types of DGRs

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50
Can you be endorsed as a DGR?

Apply for DGR endorsement

Review your DGR status

If a not-for-profit organisation wants to receive income tax deductible gifts and tax deductible
contributions, it must be a deductible gift recipient (DGR). The majority of organisations become DGRs
by being endorsed by us. The only DGRs that do not need to be endorsed are those listed by name in the
tax law.

10

Last modified: 20 Jul 2015QC 46212

END QUOTE
https://www.ato.gov.au/Non-profit/getting-started/endorsement/deductible-gift-recipient-(dgr)-endorsement/types-of-dgrs/

QUOTE

Public fund for religious instruction in government schools


A public fund established and maintained solely for the purpose of
providing religious instruction in government schools in Australia.
2.1.8 The public fund must either:
o

be registered with the ACNC

not be an ACNC type of entity.

Roman Catholic public fund for religious instruction in government


schools
A public fund established and maintained by a Roman Catholic
archdiocesan or diocesan authority solely for the purpose of providing
religious instruction in government schools in Australia.
2.1.9
The public fund must either:
o

be registered with the ACNC

not be an ACNC type of entity.

Public fund for ethics education in government schools


2.1.9A
A public fund established and maintained solely for the purpose of
providing education in ethics in government schools in Australia (as an
alternative to religious instruction), where the ethics education to be
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51

provided is in accordance with state or territory law.


The public fund must be either:
o

a registered charity

operated by a registered charity.

END QUOTE

10

Any of these provisions are unconstitutional in that neither the providing of religious education
or counter religious education can be justified.
Any education must be without any religious connotation!
It is not for the ATO to decide who shall or shall not be granted for NOT FOR PROFIT status or
otherwise provided with tax exemption and/or tax deductions merely upon a status the ATO
deems fit and proper. It is for the parliament to ensure that any form of religious and counter
religious education are not funded at the cost of taxpayers.
https://www.google.com.au/?gws_rd=ssl#q=secular+meaning

QUOTE

Secular

15

20

skjl/
adjective
adjective: secular
1. 1.
not connected with religious or spiritual matters.
"secular buildings"
non-religious, lay, non-church, temporal, worldly, earthly, profane;
More
synonyms:
unsanctified, unconsecrated, unhallowed;
rarelaic
"secular music"
2.

25

3.
30
4.

35

5.

40

1.

antonyms:
holy, religious, sacred
2.
Christian Church
(of clergy) not subject to or bound by religious rule; not belonging to or living in a
monastic or other order.
3.
Astronomy
of or denoting slow changes in the motion of the sun or planets.
4.
Economics
(of a fluctuation or trend) occurring or persisting over an indefinitely long period.
"there is evidence that the slump is not cyclical but secular"
5.
occurring once every century or similarly long period (used especially in reference
to celebratory games in ancient Rome).
noun
noun: secular; plural noun: seculars
1.

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52
a secular priest.
END QUOTE
http://www.oxforddictionaries.com/definition/english/secular

QUOTE

Definition of secular in English:


Share this entry
email cite discuss

secular
10

Pronunciation: /skjl/

adjective
15

20

25

30

1Not connected with religious or spiritual matters: secular buildingssecular attitudes to death
Contrasted with sacred.
More example sentences

But it did guarantee that in time American politics would largely become a secular
matter.

So why in this secular age is a spiritual movement that seeks to eradicate the self
gaining ground?

Since that time, Bangladesh has been both less socialistic and less secular.

Get more examples

Synonyms
non-religious, lay, non-church, temporal, worldly, earthly, profane;
unsanctified, unconsecrated, unhallowed
rare laic
View synonyms
2 Christian Church (Of clergy) not subject to or bound by religious rule; not belonging to or
living in a monastic or other order. Contrasted with regular.
Example sentences

The rate of recruitment is probably better than that of the secular clergy, but this may be
because a large percentage of the monks do not go on to priesthood.

Individuals were chosen from different orders and secular clergy, but primarily they came
from the Dominican Order.

Overall the role of regulars was diminished and that of secular clergy and even laymen
enhanced.

Get more examples

35

40

3 Astronomy Of or denoting slow changes in the motion of the sun or planets.


4 Economics (Of a fluctuation or trend) occurring or persisting over an indefinitely long period:
there is evidence that the slump is not cyclical but secular
More example sentences

But the weakness in the U.S. manufacturing sector does not reflect a simple secular trend.

But if one focuses on the company's positive secular trends, the picture is different.

There are also other secular trends that are generating ominous forecasts about the
prospects for much of the Third World.

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53

Get more examples

5Occurring once every century or similarly long period (used especially in reference to
celebratory games in ancient Rome).

noun
5

A secular priest.
Example sentences

10

Most priests were seculars, living in the world and working amongst ordinary people.

Since 90 per cent of clerical migrs were seculars, the loss of parish clergy was not far
short of a half.

In their dealings with the seculars, Marist clergy mistakenly gave the impression that they
were empire building.

Get more examples

Derivatives
secularity
Pronunciation: /skjlarti/
noun
Example sentences

15

20

25

Modern secularity's hostility to Christianity results, not in belief in nothing, but in


belief in anything.

So the Medium Lobster salutes Virgina's attempt to put a stop to creeping


secularity in our private arrangements.

Serving as a melting pot of old and modern cultures, Fuzhou Road afforded a
haven for thought with its mystery, romance and secularity.

Get more examples

secularization
Pronunciation: /skjlrze()n/
(also secularisation)
END QUOTE

30

http://www.aec.gov.au/Parties_and_Representatives/party_registration/Registered_parties/

QUOTE

Current Register of Political Parties


END QUOTE

And

35

http://www.aec.gov.au/Parties_and_Representatives/party_registration/Registered_parties/

QUOTE

Secular Party of Australia


END QUOTE

40

And
http://www.aec.gov.au/Parties_and_Representatives/party_registration/Registered_parties/

QUOTE

Family First Party

45
END QUOTE
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54

The same may be considered regarding Family First Party which I understand is a religious based
organisation and so likewise any other entity/business or whatever it is called where it relates to
religious/non-religious beliefs.
Hansard 7-3-1898 Constitution Convention Debates
QUOTE

10

Sir EDWARD BRADDON (Tasmania).-I have an amendment to move on behalf of Tasmania, and also an
amendment of my own. The clause we have before us says that a state shall not make any law prohibiting the
free exercise of any religion. It is quite possible that this might make lawfull practices which would otherwise
be strictly prohibited. Take, for instance, the Hindoos. One of their religious rites is the "suttee," and
another is the "churruck,"-one meaning simply murder, and the other barbarous cruelty, to the
devotees who offer themselves for the sacrifice.
Dr. COCKBURN.-The Thugs are a religious sect.

15

Sir EDWARD BRADDON.-Yes. If this is to be the law, these people will be able to practise the rites
of their religion, and the amendment I have to suggest is the insertion of some such words as these:But shall prevent the performance of any such religious rites, as are of a cruel or demoralizing
character or contrary to the law of the Commonwealth.

20

END QUOTE
Hansard 2-3-1898 Constitution Convention Debates
QUOTE

25

30

35

Mr. FRASER (Victoria).-I think that if we give the right to an infinitesimal minority to come here and
indulge in extraordinary practices, under the pretence that this is a new religion, we may have all the
theatres and all the music-halls in Australia open on Sundays. If that is possible we ought to do what
we can to provide against it.
Mr. HIGGINS (Victoria).-I want if I can to recommend the Commonwealth Bill and get it carried. But
why should we be faced with this difficulty? You have put in the preamble a religious recital which is not in
the Constitution of the United States of America, but you have not put in the safeguard against religious
intolerance which they have there. I ask honorable members how I shall face that difficulty? There is a grave
suspicion evidenced by what I said that there were 36,000 distinct signatures upon this very point. I do not
think it is too much for me to say that we ought to reassure those persons. They may be wrong. It may be
right, as my friend (Mr. Barton) says, that there is no power by implication in the Commonwealth to pass this
law. It may be right as he says, that the Commonwealth ought to have the power. But I only say that it is a
state matter, and it should be left to the states. My honorable friend (Mr. Fraser), with all respect to him,
shows the current ignorance on this matter because he will not understand that the state, if my proposal is
carried, will have the same power as it has now to stop any theatrical performances on Sunday.
END QUOTE

40

Hansard 2-3-1898 Constitution Convention Debates


QUOTE
Mr. HIGGINS.-That is the question-are those dangers non-existent?

45

50

55

Mr. BARTON.-I do not think the fact that we may be held by law to be a Christian community is any
reason for us to anticipate that there will be any longer any fear of a reign of Christian persecution-any fear
that there will be any remnant of the old ideas which have caused so much trouble in other ages. The whole
of the advancement in English-speaking communities, under English laws and English institutions, has shown
a less and less inclination to pass laws for imposing religious tests, or exacting religious observances, or to
maintain any religion. We have not done that in Australia. We have abolished state religion in all these
colonies; we have wiped out every religious test, and we propose now to establish a Government and a
Parliament which will be at least as enlightened as the Governments and Parliaments which prevail in various
states; therefore, what is the practical fear against which we are fighting? That is the difficulty I have in
relation to this proposed clause. If I thought there was any-the least-probability or possibility, taking into
consideration the advancement of liberal and tolerant ideas that is constantly going on of any of these various
communities utterly and entirely retracing its steps, I might be with the honorable member. If we, in these
communities in which we live, have no right whatever to anticipate a return of methods which were practised
under a different state or Constitution, under a less liberal measure of progress and advancement; if, as this
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55
progress goes on, the rights of citizenship are more respected; if the divorce between Church and State
becomes more pronounced; if we have no fear of a recurrence of either the ideas or the methods of former
days with respect to these colonies, then I do suggest that in framing a Constitution for the Commonwealth of
Australia, which we expect to make at least as enlightened, and which we expect to be administered with as
much intellectuality as any of the other Constitutions, we are not going to entertain fears in respect of the
Commonwealth which we will not attempt to entertain with respect to any one of the states. Now, we have
shown that we do not intend these words to apply to our states by striking out clause 109. That might be a
provision that might be held to be too express in its terms, because there may be practices in various
religions which are believed in by persons who may enter into the Commonwealth belonging to other
races, which practices would be totally abhorrent to the ideas, not only to any Christian, but to any
civilized community; and inasmuch as the Commonwealth is armed with the power of legislation in
regard to immigration and emigration, and with regard to naturalization, and also with regard to the
making of special laws for any race, except the aboriginal races belonging to any state-inasmuch as we
have all these provisions under which it would be an advisable thing that the Commonwealth, under its
regulative power, should prevent any practices from taking place which are abhorrent to the ideas of
humanity and justice of the community; and inasmuch as it is a reasonable thing that these outrages on
humanity and justice (if they ever occur) should be prohibited by the Commonwealth, it would be a
dangerous thing, perhaps, to place in the Bill a provision which would take out [start page 1772] of their
hands the power of preventing any such practices.

10

15

20

Mr. HIGGINS.-Do you think that the Commonwealth has that power under the existing Bill?
Mr. BARTON.-I am not sure that it has not. I am not sure that it has not power to prevent anything
that may seem an inhuman practice by way of religious rite.
Mr. HIGGINS.-I want to leave such matters to the states.

25

30

35

END QUOTE

It must be clear that the Commonwealth of Australia was specifically created to prevent any
racial discrimination, albeit the States retained their rights to legislate such as Sundays opening
of businesses. However, it cannot be argued that because the States can exercise this legislative
power than it can somehow by backdoor manner circumvent Section 116 of the constitution.
This, as no matter if the State/Territory were to give personal tax exemptions to any religious
organization this then cannot be applied as some flow on effect to the commonwealth. Therefore
a religious organization might be for taxation purposes have a tax exemption, albeit this would be
in violation of the separation of powers, while the Commonwealth would be prohibited to apply
the same merely because a State provided such special religious status.
In my view the provisions by the ATO to provide for special tax exemption status for religious
institutions, etc, would be in violation of s116 of the constitution.
.

http://www.aec.gov.au/Parties_and_Representatives/party_registration/Registered_parties/secular.htm
QUOTE

40

Secular Party of Australia


Listen
Updated: 1 September 2015

In accordance with Part XI of the Commonwealth Electoral Act 1918, the political party whose details appear
below was registered on 16 June 2010. The current particulars of the party, as amended, are:Extract from the Register of Political Parties for the Secular Party of Australia
Name of Party:

Secular Party of Australia

Registered Abbreviation:

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56
Parliamentary Party

No

Registered Officer of Party:


Name:

Shaun Haddrill

Address:

3040 The Esplanade


BURLEIGH HEADS QLD 4220

Party wishes to receive election funding payments.


Party Correspondence Address:

PO Box 6004
MELBOURNE VIC 8008

Deputy Registered Officers:

Rosemary Sceats

Printable extract from Register of Political Parties [PDF 15KB]


END QUOTE

10

Without seeking to imply that SECULAR PUBLIC EDUCATION LIMITED is involved in the
Secular party of Australia it is however the only Queensland registered entity that I could locate
with the word secular included in its name.
Pacific Regis Apartments Burleigh Heads, Australia - Best Price ...
QUOTE
https://www.lastminute.com.au/Gold-Coast-Hotels-Pacific-Regis-Apartments.h962354...
Rating: 4.5 - 80 reviews
Pacific Regis Apartments is located in Burleigh Heads, and is close to Mallawa Drive Sports
Complex for ... 30-40 The Esplanade Burleigh Heads QLD 4220 ...
END QUOTE

15
It appears to me that the listed address with the AEC is not a correct address as it fails to indicate
the apartment address, and so could be any of the numerous units/apartments on this address, if
any.
20

http://www.abr.business.gov.au/SearchByName.aspx?SearchText=secular

QUOTE

ABN

55 317 620 479

Name

SECULAR

Type

Location

Business Name

3169 VIC

Entity Name

3131 VIC

Active

95 153 792 020

SECULAR FILMS PTY LTD

Active

p56
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57
73 773 120 718

SECULAR FRANCISCAN ORDER INC

Entity Name

2560 NSW

SECULAR PUBLIC EDUCATION LIMITED

Entity Name

4350 QLD

JEWISH SECULAR HUMANISTIC SOCIETY INC

Entity Name

3161 VIC

THE SECULAR INSTITUTE OF SCHOENSTATT


FATHERS

Entity Name

2752 NSW

TRUSTEES OF SECULAR INST OF


SCHOENSTATT SISTERS OF MARY

Entity Name

2745 NSW

TRUSTEES OF SECULAR INST OF


SCHOENSTATT SISTERS OF MARY AS THE
OPERATOR OF A PBI

Entity Name

2745 NSW

Active

81 128 570 614

SACLARN PTY LTD

Entity Name

4121 QLD

Active

67 607 107 648


Active

60 194 896 176


Active

23 725 355 657


Active

43 317 574 989


Active

33 783 532 586

Active

END QUOTE

I was unable to locate any registered business, etc, with the business registration for Secular
Party of Australia.
http://abr.business.gov.au/SearchByAbn.aspx?abn=67607107648
QUOTE

Entity name:

SECULAR PUBLIC EDUCATION LIMITED

p57
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58
ABN status:

Active from 16 Jul 2015

Entity type:

Australian Public Company

Goods & Services Tax (GST):

Not currently registered for GST

Main business location:

QLD 4350

Australian Charities and Not-for-profits Commission (ACNC) help


SECULAR PUBLIC EDUCATION LIMITED is registered with the Australian Charities and Not-forprofits Commission (ACNC) as follows:
ACNC registration

From

Registered as a charity view ACNC registration

16 Jul 2015

ASIC registration - ACN or ARBN


607 107 648 View record on the ASIC website

Charity tax concession status help


SECULAR PUBLIC EDUCATION LIMITED is a Charity endorsed to access the following tax
concessions:
Tax concession

From

GST Concession

16 Jul 2015

Income Tax Exemption

16 Jul 2015

FBT Rebate

16 Jul 2015

Deductible gift recipient status help


Not entitled to receive tax deductible gifts

p58
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ABN last updated: 20 Nov 2015

Record extracted: 12 Sep 2016


END QUOTE
Secular Party aims | Secular Party of Australia
https://www.secular.org.au/secular-party-aims/
Constitutional separation of church and state; A secular republic, free of hereditary privilege; Pro-choice
regarding abortion; Same-sex marriage recognition ...

However with a search as to the Secular Party of Australia website


https://www.secular.org.au/secular-party-aims/ it appears to me that it is showing its true colours
at:
https://www.secular.org.au/

10

QUOTE

As 21st century citizens, we want to challenge the power and privilege of religious
institutions in Australia. As secular humanists, we want an end to religious interference in
education, health, civil liberties and taxation. As champions of human rights, we want
women, minorities and the LGBTI community to be free of discrimination and the dictates
of archaic superstition.

15

END QUOTE

20

https://www.secular.org.au/secular-party-aims/
QUOTE

Secular Party aims


Aims
25

To bring about a true separation of church and state in Australia

To promote secularism worldwide

To stand for human rights and social justice, affirming the dignity of each human being

To support the maximisation of individual liberty and opportunity, consistent with social
and environmental responsibility

30

To defend freedom of expression everywhere

To espouse policies that support a rational approach to human problems

To promote the fullest use of science for human welfare

To eliminate privileges granted to people solely on the basis that they are members of
religious bodies

35

To promote the use of reason and evidence as a means of overcoming ignorance and
superstition

To gain and maintain for non-religious people the same rights as those enjoyed by
members of religious bodies
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60

To promote the election to Parliament of Secular Party endorsed candidates

We stand for:

Constitutional separation of church and state

A secular republic, free of hereditary privilege

Pro-choice regarding abortion

Same-sex marriage recognition

Recognition of gay families

Contraception and sex education

Anti-homophobia education

10

No anti-discrimination exemptions for religious schools and businesses

The right to die

Voluntary euthanasia

Embryonic stem cell research

Lesbian IVF availability

15

Scientific research unlimited by unfounded religious objections

We stand against:

Censorship

All imposition of religious dogma

Government support for religious schools

20

Religious attire at schools

Religious indoctrination of children

All forms of religious coercion and theocracy


A truly secular country is one in which society is fully organised on the basis of reason. This requires
that beliefs based on notions of the supernatural should not be endorsed by the state. While all

25

people should be free to hold any form of religious belief, these are best held privately, and should
not receive government endorsement or support.

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61
The Secular Party holds that religious beliefs can give rise to unwarranted restrictions on civil
liberties and constitute a source of social disharmony. We seek to uphold the internationally
recognised Declaration of the Rights of the Child. This document implies that children should be
free to develop to their full potential, including the capacity for freedom of thought. Children should

be protected from religious indoctrination. Ethics should be based on universal principles, such as
compassion, honesty, freedom and justice.
A mans ethical behaviour should be based effectually on sympathy, education, and social ties and
needs; no religious basis is necessary. Man would indeed be in a poor way if he had to be restrained
by fear of punishment and hope of reward after death. Albert Einstein

10

How you can help


END QUOTE
https://www.secular.org.au/secular-party-contacts/

15

QUOTE
Contacts
Postal Address
Secular Party of Australia
P.O. Box 6004

20

Melbourne Vic 3004


Media inquiries
President
John Perkins contact
Mobile: 0411 143 744

25

Vice President
Ian Bryce contact
Mobile: 0408 177 007
Treasurer
Rosemary Sceats contact

30

Secretary
Shaun Haddrill contact
Spokesperson
Trevor Bell contact
Mobile: 0413 628 747

35

National Executive
Send and email to the National Executive
Read more about the National Executive.
END QUOTE

40

In my view no proper address is provided and therefore it can be effectively anyone who is
behind this Secular Party of Australia as I suspect might be the homosexuals.
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62
http://www.abc.net.au/news/federal-election-2016/results/

QUOTE
Secular Party

10

0
0.0%

-1.8%

END QUOTE

In my view it would be absurd to have tax concessions for a political party that may not even
have had any candidates standing. I do not know if it had but not having any votes indicates to
me they had no candidates at all. Then one has to ask if they did have special taxation
concessions for what purpose and to what benefit to the community?
I understand there are over 56,000 Not for Profit organisations and many of them are religious
entities that I view as much as anti-religious entities should be barred within the provisions of
s116 to have any tax con cessions privileges.
https://www.secular.org.au/secular-party-history/

15

QUOTE

History of the Secular Party


In 2005, a talk was given to a group of Humanists in Sydney (ironically on September 11)
about the need for a new political party to counteract the undue intrusion of religious
views into political opinions and policies. A motion of support was given to the idea.

20

END QUOTE

25

It is in my view very clearly stated it aims to act contrary to religious views expressed by others,
hence while they too might have their own personal views I hold that this violates s116 as to
obtaining special taxation exemptions. It is their right to express their opposing religious views
as much as those expressing religious views are entitled to do so but none of them can therefore
be provided with any Commonwealth taxation assistance and so neither any tax concessions
which would cause others with opposing views of either of them to having to make up the
shortfall in taxation.

30

35

40

45

50

HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. DEAKIN.What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the
liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of
liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good
government for the whole of the peoples whom it will embrace and unite.
END QUOTE
And
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
history of the peoples of the world than this question upon which we are about to invite the peoples of
Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new
charter is to be given by the people of Australia to themselves.
END QUOTE
Hansard 2-3-1898 Constitution Convention Debates
QUOTE
Mr. REID.-I suppose that money could not be paid to any church under this Constitution?

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63
Mr. BARTON.-No; you have only two powers of spending money, and a church could not receive the
funds of the Commonwealth under either of them.
[start page 1773]

END QUOTE

As much as no funding is permitted for churches then neither so for other religious/non-religious
entities.
10

15

Hansard 2-3-1898 Constitution Convention Debates


QUOTE
Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is no doubt that it will
be exercised. By putting into the Constitution words prohibiting the Commonwealth Parliament from making
certain specified laws you create the implication that the Parliament has power to deal in other respects with
religious observances.
END QUOTE

It is of concern to me that the Secular Party of Australia might be merely a front for the
homosexual community without declaring its hand as such.
20

25

30

35

While reportedly Mr Bill Shorten of the ALP is introducing a Bill for so call same sex equality (I
understand to refer to homosexual marriage equality) claiming that the Parliament has the liberty
and power to include homosexuals in the marriage provisions, which I as a
CONSTITUTIONALIST I do not accept to be so considering implied legal principles in the
constitution (see my past publications) one has however to consider that if one were to accept
this view of Mr Bill Shorten than the Parliament would also be empowered to provide for
equality of love when it relates to plural marriages, bestiality marriages, pedophilia marriages
and incestuous marriages all are to be deemed within the powers of the Parliament to legislate
upon.
The Victorian premier Mr Daniel Andrews already removed the criminal convictions of
homosexuals claiming this was a gross injustice. Moment, someone was charged and may have
made a plea bargaining to homosexuality rather than pedophilia and may have been convicted on
that issue and now gets his name exonerated? We are talking about backdating matters where at
the time the law was as it stood. Why then convict anyone of sex crimes if perhaps down the time
they might be exonerated regardless of the crime against the laws of society then committed?
Why not have a free for all sex romp with whomever (not that I promote this) as after all
wouldnt it be wasting valuable court time to hold trials at cost of the public purse when perhaps
decades later some premier might just decide that bestiality, multiple marriages, pedophilia, etc,
as is a matter of love and nothing to do with societys standards at the time!.
.

40

In my view any political party that promotes in any way religious or counter-religious issues
should be deregistered as it offend Section 116 of the constitution. As such, if the ALP pursues
counter religious issues then it too should be de-registered as a political party and so also the
Australian Greens, the Liberal Party and any other political party.

45

None of them could fit the tax exemption provisions where they promote one religious views
over another or oppose anyones religious views.
Hansard 6-3-1891 Constitution convention Debates
QUOTE

50

Mr. BARTON:
I hope that I am at any rate acting in the spirit in which we all labour together, and that the result of our
labour will be to found a state of high and august aims, working by the eternal principles of justice and not
to the music of bullets, and affording an example of freedom, political morality, and just action to the
individual, the state and the nation which will one day be the envy of the world.

END QUOTE

55
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64

10

15

20

Hansard 9-3-1891 Constitution convention Debates


QUOTE
Sir GEORGE GREY:
These must seem almost too daring speculations; but, in point of fact, we are marching on to an
altogether new epoch, to new times, and the very essence of the constitution must be this: I heard one
hon. gentleman here state that we must remember that we are legislating for the future; and I agree
with him if he meant that we are legislating in such a manner as to enable the future to legislate for
itself-that it is our object that freedom in every respect shall be given, so that as each generation
comes on they shall say, "Blessed be those ancestors of ours who have left us this freedom, so that
nothing can take place-no changes in the state of the world-but we possess all powers to define the
measures most necessary to bring peace and tranquillity at every epoch it comes on." That is the real
duty which we should aim to fulfil; and it is only by allowing the people to speak, and at all times to
declare [start page 140] their views and their wishes, and to have them carefully considered, that we
can insure peace, tranquillity, and prosperity to each country in each successive epoch of time as it
arrives.
END QUOTE
Where your MP stands on Marriage Equality
https://www.australianmarriageequality.org/whereyourmpstands/states/NSW/
Liberal Party, Member for Mitchell. Position on ... Chris Hayes said he would never vote for gay
marriage, even if party policy dictated it. "You do believe in ...

https://www.australianmarriageequality.org/whereyourmpstands/states/NSW/

25

QUOTE
We are currently updating our Where Your MP Stands website. Please check back again shortly.
For Australian Marriage Equality's main website click here
END QUOTE
http://www.australianmarriageequality.org/

QUOTE

30

Australian Marriage Equality is a national organisation working to ensure all adult


Australians can marry.
We believe a persons gender or sexuality should not affect their legal rights and responsibilities
under Australian marriage law. Our approach to achieving marriage equality is through lobbying,
advocacy and education. Weve always held that marriage equality will be achieved when supporters
work together regardless of faith, party, race or sexuality. We value respect, calm discussion and

35

cooperation. We believe there is no place in the marriage equality debate for prejudice, anger and
polarisation.
END QUOTE

40

What is same sex when we have non-gender people?


See also:
http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html
NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)

45

50

As such, Norrie would be limited to a marriage to a non-gender person?


And if one can marry to anyone other human being then well in some countries marriage to a 9
year old child can be lawful and so what stops them to then come to Australia and have their
marriage recognized?
While one can introduce e societys standards of other countries (jurisdictions) one has to
understand one cannot just cherry pick what one like and ignore other relevant issues. After all
plenty of countries are governed under a religious doctrine that may suit them best but that
doesnt mean we pick and choose what may suit us but ignore the rest.

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15

20

65
For a man to marry more than 1 woman and father with each of them many children may suit
certain countries but not that of We\stern societys standards, considering also the so called
honour killings and the denial of equality of women compared to men, etc.
Likewise countries where a man can marry an animal is hardly the standard we should apply to
our kind of marriage but if people argue what applied regarding homosexuals in other countries
as to marriage then why deprive those involved in bestiality of the same rights?
As shown in the USA now an adoption was cancelled many years after the adoption took place
so the father now was able to marry his son. Just imagine how many men could now pursue to
annul the adoption of a child so he can marry the child. It allows for the grooming of children for
later marriage.
Ample of men love more than one woman and ample of women love more than one man does
this mean we just have sexual orgies created without limit? After all why keep a marriage to one
man and one woman if one of them could also marry one of the same gender? Why limit the
marriage to one of the same gender or non-gender when a person can love perhaps whomever
this person happens to see on the street? Why not let them become married to whomever they
happen to desire to be married for and for whatever long or short period they may desire, perhaps
just the duration of a sexual encounter? After all under the Provisions of the Family law Act if a
man may have a so called one night stand with a sexual encounter and the woman becomes
pregnant than he is still liable for all associated issues. Well why then not call it a marriage
without any need for formalities?
.

It seems to me that the Liberal Party is endorsing this homosexual marriage issue by including
the web address to it. (As shown above)
25

30

35

40

45

LGBT rights in Queensland - Wikipedia, the free encyclopedia


https://en.wikipedia.org/wiki/LGBT_rights_in_Queensland
The rights of lesbian, gay, bisexual, and transgender (LGBT) residents in the Australian state of ...
National Party politicians of the time such as Queensland minister Geoff Muntz and federal leader
Ian Sinclair made their anti-gay views well ...
[PDF]Homophobia as Party Politics: The Construction of the 'Homosexual ...
https://espace.library.uq.edu.au/view/UQ:266021/UQ266021_OA.pdf
by S Robinson - 2010 - Cited by 3
- Related articles
Petersen and his Country Party/National Party government defined homosexuality as morally
deviant in order to gain electoral advantage, thereby incorporating ...
A plebiscite on same-sex marriage would be a failure of parliament's ...
theconversation.com/a-plebiscite-on-same-sex-marriage-would-be-a-failure-of-parlia...
Mar 3, 2016 - A plebiscite on legalising same-sex marriage is bad policy that ought to be revisited.
... The National Party opposed decriminalisation as a bloc.

It appears that the Liberals and the Nationals may have had opposing views at to homosexual
marriages and as such Mr Malcolm Turnbull hardly could in that regard either claim to have a
mandate!
https://theconversation.com/a-plebiscite-on-same-sex-marriage-would-be-a-failure-ofparliaments-responsibility-55289
QUOTE Matt Collins Senior Fellow, Faculty of Law, University of Melbourne

50

A plebiscite on same-sex marriage would be a failure of parliaments responsibility


March 4, 2016 6.04am AEDT
If Australia holds a fairly conducted plebiscite on legalising same-sex marriage after the next election, the
result will almost certainly reflect what we already know from an unbroken line of reputable opinion polls.

55

Success for the yes case will come, in time, to be seen as extraordinarily empowering for same-sexattracted Australians. This is not a case, however, where the ends will justify the means.
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66
The debate will be divisive. Some on the no side are apparently bent on using the cover of a plebiscite to
advance specious arguments connecting same-sex marriage with the abuse of children, sexually transmitted
diseases and drug abuse.

Decriminalising homosexuality holds lessons

In November 1980, the attorney-general, Haddon Storey, rose in the Victorian parliament to outline the
Liberal governments rationale for abolishing the offences of buggery and gross indecency between males.
He said:
It does not represent any approval or condonation of these activities. The government does not accept sexual
relationships between persons of the same sex as an acceptable alternative lifestyle.

10

15

Another Liberal, Murray Hamilton, spoke against decriminalisation, on the ground that it was no more than
the obsession of a small number of homosexuals. The National Party opposed decriminalisation as a bloc. It
argued that homosexual activity was repugnant, completely unnatural and not carried out in the animal world.
The Victorian legislation ultimately passed and came into effect in March 1981. Legislation removing
provisions of the criminal law that penalised homosexual sexual activity was passed progressively throughout
Australia between 1975 (South Australia) and 1997 (Tasmania).
Today, the anxiety of past parliaments to condemn homosexuality, even as they passed legislation to
decriminalise it, appears laughingly begrudging. The arguments harnessed against the reform would be just
laughable but for the harm they no doubt did to generations of gay people. Yet clear echoes of that mentality
resound today.

20

In October 1986, Joseph Ratzinger the future Pope Benedict XVI, in his then-capacity as Prefect for the
Congregation for the Doctrine of the Faith said homosexuality was:
a more or less strong tendency ordered toward an intrinsic moral evil; and thus the inclination must be
seen as an objective disorder.
Ratzinger returned to the theme in July 2003:

25

There are absolutely no grounds for considering homosexual unions to be in any way similar or even
remotely analogous to Gods plan for marriage and family. Marriage is holy, while homosexual acts go
against the natural moral law.
In March 2010, then-opposition leader Tony Abbott said he felt a bit threatened by gay people. He
elaborated:

30

There is no doubt that it challenges, if you like, orthodox notions of the right order of things.
Throughout his tenure as prime minister, Abbott was consistent in his opposition to the legalisation of samesex marriage. However, he argued from tradition, rather than from scripture or religious obligation.
In March 2011, then-prime minister Julia Gillard opposed legalising same-sex marriage:
because of the way our society is and how we got here.

35

In September 2014, after leaving parliament, Gillard suggested that her opposition to marriage equality was
born not of respect for marriages special status, but of an old-fashioned, feminist view that there should be
some way, other than marriage, of solemnising relationships and recognising them as of worth and status.
In August 2015, Gillard said she had changed her view she would now vote in favour of legalising samesex marriage.

40

45

Opponents of same-sex marriage have now taken to accusing proponents of being intolerant or bigoted. A
spokesperson for the Australian Christian Lobby told a Senate committee in September 2015 that many on
his side of the debate felt fear and intimidation.
Having regard to the long history of religious and political leaders branding gay people as intrinsically
morally evil, objectively disordered and a challenge to the orthodox notion of the right order of things, there
is a breathtaking hypocrisy in that charge. In any event, it is neither intolerant nor bigoted to call out hollow
arguments.
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67
Why a plebiscite?
Since becoming prime minister, Malcolm Turnbull has adhered to the policy of his predecessor. He is
promising a national plebiscite on same-sex marriage after the next election.

Because no change to the Constitution is required, there is no legal reason for a plebiscite. The parliament
could resolve the matter by a simple vote.
There have been only three national plebiscites in Australias history. Not one provides a useful precedent.
Plebiscites were held in October 1916 and December 1917 to test the publics attitude towards Billy Hughes
plan to introduce conscription during the first world war. Both failed.

10

15

The third plebiscite occurred in 1977, when voters were asked whether they wished to replace God Save the
Queen as Australias national anthem. Important though it may have been, the change to Advance Australia
Fair involved no question of civil rights or conscience.
Australian parliaments routinely legislate in respect of socially contentious issues without resorting to
plebiscites or referenda. Conscription was introduced in 1942 for the remainder of the second world war.
Compulsory national service operated during the Korean and Vietnam wars. None of these matters were
expressly put to the people.
Women were given the vote, the death penalty abolished, homosexuality decriminalised, no-fault divorce
introduced, the White Australia Policy reversed and detention centres for asylum seekers set up in the Pacific
Islands all without the mandate of a plebiscite or referendum. No case has been made as to why or how
legalising same-sex marriage is qualitatively different.

20

25

It seems that some opponents of same-sex marriage were confident that, under Abbott, any popular vote
could have been constructed in a manner calculated to maximise its prospects of failure.
Now, the arguments of some opponents bear a chilling similarity to those that were trotted out at the time of
the decriminalisation of homosexuality more than two generations ago. Whats more, some conservative
politicians say that if the plebiscite succeeds, they will not respect the peoples verdict on the floor of the
parliament.
The proposal for a plebiscite was always an unnecessary and costly abrogation of parliaments responsibility.
Now that the damage the debate will do has been exposed, and the deal by which it came to be government
policy repudiated, it should be revisited.

30

END QUOTE Matt Collins Senior Fellow, Faculty of Law, University of Melbourne
https://theconversation.com/a-plebiscite-on-same-sex-marriage-would-be-a-failure-of-parliaments-responsibility-55289

QUOTE Gerrit Hendrik Schorel-Hlavka O.W.B.

35

The problem with Matt Collins is that he refers to reputable opinion polls and this means
that we might as well rely upon opinion polls to govern the Commonwealth of Australia.
This I view would be utter and sheer nonsense because much depends upon how an opium
ion poll is conducted and if the question(s) is/are so to say loaded to achieve a particular
outcome.
As for the compulsory army service (conscription) no need was there for a plebiscite
because the legal principle was embedded in the constitution:

40

45

50

Hansard 10-3-1891 Constitution Convention Debates (Official Record of the Debates


of the National Australasian Convention)
QUOTE Mr. DIBBS:
As the, the hon. member, Sir George Grey, said, either yesterday or in his speech the other
day at the Town Hall, we should educate our people up to all of this, and especially in New
South Wales, where we are giving the people of the country practically a free educationand it should be common to all Australia-we should instil into the minds of our children the
necessity for training, and, as a quid pro quo for that free education, we should demand
from them a certain amount of proficiency in the use of arms, which of itself would lay the
basis of a military organisation for the purposes [start page 188] of defence only.
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END QUOTE

Likewise the issue of Women were given the vote, the Framers of the constitution
specifically provided for s41 of the constitution to refer to adult so as to enable any
woman who was given state franchise to then automatically entitled to vote in federal
elections, and so not to de franchise women who already had the right to vote in south
Australia and subsequently in WA. In 1899!
It is regrettable that this Matt Collins seek to Cherry pick what may suit him for his
argument concealing the real facts to some extent.
Homosexual marriages have nothing to do with equality or love but with the invasion of
rights associated with heterosexual marriages, as much would be the invasion of a part time
employee demanding the same status as a permanent employee. A par time employee may
show to be more dedicated to the job than the permanent employee but that is not what is
the deciding factor it is that there is a difference. One isnt going to give the same kind of
matrimonial rights to a person who became married in his country of origin to an animal,
would we? Well, if it is all about love and equality then why not?

10

15

END QUOTE

20

25

30

35

It appears to me to be clear that elector voted upon what was put before then and such as with
Murray decided they preferred the National Party over the Liberals. As such, it cannot be held
that some agreement between the Liberal Party and national party somehow now means those
who voted for the National party candidate opposing homosexual marriage recognition now
somehow voted in favour of it.
Electors are entitled to know the precise terms of any agreement that was made between those
now forming the coalition as to see if they were so to say sold out or not by their leaders.
This is not some minor issue because parties collected millions of dollars of taxpayers monies
from the primary vote of electors and as such the policies certainly resulted to huge financial
windfalls for each candidate as to primary votes.
It is therefore essential that the precise terms of any agreement between the coalition partners is
made known to the general community.
No one can ignore that Mr (back down) Barnaby Joyce went for the election at the time that he
would oppose the sale of Telstra, only to later agree for this. Did he do a likewise deal this time I
wonder?
Somehow any citizen not honestly revealing details to a Government Department can be
convicted under crimes act provisions, but politicians who deceive the electorate simply are not
held accountable, and this must change.
.

40

45

Whatever the terms of the agreement, it cannot be deemed private because the political parties
are bound to disclose to the electorate what the terms of the agreement stands for. And if indeed
it is to the terms of the election policies they voted for.
For the above I repeat my request to be provided with all details of the so much touted agreement
of the coalition partners, both that orally and/or in writing was agreed upon.
https://www.ato.gov.au/Non-profit/getting-started/endorsement/deductible-gift-recipient-(dgr)endorsement/types-of-dgrs/
QUOTE
School building fund

2.1.10
A public fund established and maintained solely for providing money for the acquisition, construction or maintenance of a
school or college building.

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The building must be used, or going to be used, as a school or college by:

a government

a public authority

a non-profit society or association.

The public fund must either:

be registered with the ACNC

not be an ACNC type of entity.

For more information, refer to School building funds.

END QUOTE

For clarification 2.1.10 cannot apply in regarding religious building, regardless if they are
schools, etc, this as it would still offend s116 of the constitution.
https://www.scribd.com/doc/289598617/080401-Education-Funding
QUOTE

10

15

20

QUOTE
The Court of Appeals concurred in this finding.
In addition, the District Court found that the statutory deduction for "textbooks" included not
only "secular textbooks" but also:
1. Cost of tennis shoes and sweatsuits for physical education.
2. Camera rental fees paid to the school for photography classes. 10
3. Ice skates rental fee paid to the school.
4. Rental fee paid to the school for calculators for mathematics classes.
5. Costs of home economics materials needed to meet minimum requirements.
6. Costs of special metal or wood needed to meet minimum requirements of shop classes.
7. Costs of supplies needed to meet minimum requirements of art classes. 15
8. Rental fees paid to the school for musical instruments.
9. Cost of pencils and special notebooks required for class.
END QUOTE
END QUOTE

25

https://www.scribd.com/doc/289598617/080401-Education-Funding
QUOTE

QUOTE
463 U.S. 388

Mueller v. Allen
30

35

40

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH


CIRCUIT 40
No. 82-195 Argued: April 18, 1983 --- Decided: June 29, 1983
A Minnesota statute ( 290.09, subd. 22) allows state taxpayers, in computing their state
income tax, to deduct expenses incurred in providing "tuition, textbooks and transportation" for
their children attending an elementary or secondary school. Petitioner Minnesota taxpayers
brought suit in Federal District Court against respondent Minnesota Commissioner of Revenue
and respondent parents who had taken the tax deduction for expenses incurred in sending their
children to parochial schools, claiming that 290.09, subd. 22, violates the Establishment
Clause of the First Amendment by providing 5 financial assistance to sectarian institutions.
The District Court granted summary judgment for respondents, holding that the statute is
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70
neutral on its face and in its application and does not have a primary effect of either advancing
or inhibiting religion. The Court of Appeals affirmed.
Held: Section 290.09, subd. 22, does not violate the Establishment Clause, but satisfies all
elements of the "three-part" test laid down in Lemon v. Kurtzman, 403 U.S. 602, that must be
met for such a statute to be upheld under the Clause. Pp. 392-403.
(a) The tax deduction in question has the secular purpose of ensuring that the State's citizenry is
well educated, as well as of assuring the continued financial health of private schools, both
sectarian and nonsectarian. Pp. 394-395. 15
END QUOTE

10

END QUOTE

15

What is clear from this is that religious education can be funded for any ordinary non-religious
matters but cannot so to say syphon of monies for religious issues and/or buildings.
Likewise any political party that promotes religious views or anti-religious views must be held
not entitled to funding/deductions/exemptions as such.
Any Not For Profit registration must also be cancelled, as political parties that fall within the
ambit of Commonwealth taxation must not offend Section 116 of the constitution regardless if
they are State/Territorial based or not.

20

As the Framers of the Constitution made clear regarding importing rails by a state:
Hansard 20-4-1897 Constitution Convention Debates
QUOTE

25

Mr. O'CONNOR: In a case of that kind the reversion which is in the Crown would not be taxed, but
the letting value would be taxed.
Mr. BARTON: I might mention that the property of the Commonwealth in that land is the reversion upon
the lease. The reversion upon the lease would not be [start page 1002] taxable, but the interest of the lessee in
the property would be taxable.
Mr. GLYNN: I am only pointing out a difficulty that might arise.

30

35

Mr. HENRY: I would like to raise a question as to the right of the Commonwealth to tax materials
for State purposes. In the event of a colony importing rails, machinery, engines, &c., for State
purposes, I would like to know whether such exports are to be free from Customs duties. Will the
Federal Parliament have a right to levy duties on materials imported for State purposes?
Mr. BARTON: This is a matter that was discussed very fully in the Constitutional Committee, and I think
my hon. friend Sir George Turner will remember that I consulted the members of the Finance Committee
upon it, intimating to them the opinion of the Constitutional Committee on the point. The words:
Impose any tax on property

40

do not refer to the importation of goods at all, and any amendment to except the Customs would be
unnecessary. This clause states that a State shall not, without the consent of the Parliament of the
Commonwealth, impose taxation on property of any kind belonging to the Commonwealth, meaning by that
property of any kind which is in hand, such as land within the Commonwealth. That has no reference to
Customs duties.
Sir GEORGE TURNER: Will articles imported by the States Governments come in free?

45

Mr. BARTON: The question then arises whether articles imported by the States Governments are to
come in free, but this section has nothing to do with that. Under this Bill and in the measure of 1891 I
believe duties would have been collectable upon imports by any State, and after the consultation which
I had with the hon. member and his colleagues on the Finance Committee the Constitutional
Committee decided not to make any exemption in the case of any State.
END QUOTE

50
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What is important to understand is that the Commonwealth can legislate for a particular state
which within the provisions of Section 51(xxxvii) validly referred to the commonwealth (within
s123 of the constitution) legislative powers approved by the State electors in a State referendum,
but otherwise all and any Commonwealth legislation must be UNIFORM and States can no
longer amend any state legislation from the moment the Commonwealth commences to legislate
as than it become exclusive legislative powers.
.

10

15

Hansard 27-1-1898 Constitution Convention Debates


QUOTE
Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth
legislates on this subject the power will become exclusive.
END QUOTE
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will
nevertheless remain in force under clause 100.
Mr. TRENWITH.-Would the states still proceed to make laws?

20

25

Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws will, however,
remain. If this is exclusive they can make no new laws, but the necessity of making these new laws will be
all the more forced on the Commonwealth.
END QUOTE
Hansard 7-3-1898 Constitution Convention Debates
QUOTE

My only desire is to give power to the Federal Parliament to achieve a scheme for old-age
pensions if it be practicable, and if the people require it. No power would be taken away
from the states. The sub-section would not interfere with the right of any state to act in
the meantime until the Federal Parliament took the matter in hand.
30

END QUOTE
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Sir GEORGE TURNER.-An exclusive power?

35

Mr. BARTON.-It ought to have an exclusive power to devise such laws.


Sir GEORGE TURNER.-If it does not exercise it can the state exercise it?
Mr. BARTON.-Once the Commonwealth legislates with reference to the question of aliens and
immigration, its legislation displaces the state law.

40

45

50

END QUOTE
Hansard 28-1-1898 Constitution Convention Debates
QUOTE
Sir JOHN DOWNER.-There must be some body which deems it necessary, and the only body to which
the words can refer is the Commonwealth Parliament. What very substantial difference does it make whether
we leave the provision as it stands or put it into clause 52? True, if the provision is left where it stands, the
Federal Parliament will have exclusive power in connexion with this matter; but that body will only have
exclusive power when it chooses to exercise it. It is only when the Federal Parliament has passed
legislation dealing with the people about whom regulations are to be made that this exclusive power
will have arisen.
END QUOTE
Hansard 28-1-1898 Constitution Convention Debates
QUOTE

55

Mr. GLYNN (South Australia).-I desire to call the attention of the leader of the Convention to an
apparent vagueness in the word "exclusive," to which reference has not yet been made. The word
"exclusive," no matter at what time the power arises, whether on the coming into being of the
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72
Commonwealth, or the exercise of the power by the Federal Parliament, may mean, and I believe does
mean, that the power of the state to legislate ceases. On the question of whether the exclusive power
under this provision comes into being with the establishment of the Commonwealth, I would call the
attention of the leader of the Convention to clause 84. That clause seems to indicate that this exclusive
power arises the moment an Act is passed. It speaks of the exclusive power of enforcing customs duties
being vested in the Federal Parliament, but the second paragraph says-

But this exclusive power shall not come into force until uniform duties of customs have been imposed
by the Parliament.
It would appear that without that limitation the exclusive power would come into force at once, and the
position would be as stated by the Victorian representatives. If you pass this clause as it [start page 255]
stands the state could no longer legislate with regard to Chinese.

10

15

Mr. BARTON.-If the exclusive power is given without any restriction, I think it would arise immediately
on the establishment of the Commonwealth.
END QUOTE
Hansard 28-1-1898 Constitution Convention Debates
QUOTE
Mr. GLYNN.-There seems to be some doubt as to whether the exclusive power arises upon the
establishment of the Commonwealth or on the exercise of the power of legislation. The doubt seems to
be removed by clause 84. It is said that if we put this provision in clause 52 the exclusive power may be
postponed until legislation takes place. But may you not then have a concurrent power, and may not the
competence of the local Legislature to legislate in the matter be continued as long as the legislation is not in
contradiction of federal legislation?

20

Mr. DEAKIN.-That is the point.

25

Mr. GLYNN.-Yes, and there is still a vagueness in the word "exclusive." If it is doubtful whether the
exclusive power commences with the foundation of the Commonwealth, and if it is possible that it may only
come into being on the passing of legislation, may it not still be said that on the passing of exclusive
legislation the power of the local Parliaments to legislate is extinguished, but that on the passing of
concurrent legislation that power does not cease?

30

Mr. REID (New South Wales).-I think that enough has now been said on this subject by honorable
members both sides of the chamber, and I have only a very few remarks to offer. It appears that if the
sub-section remains where it is state laws will be valid until federal legislation, but the states will not be
able to alter or improve those laws during the possibly long interval between federation and federal
legislation. Under these circumstances, as we leave to the states for an indefinite time the power of
maintaining the laws they have, we should grant to them the power of improving those laws. It would
recommend the Constitution more to a large number of persons if we put the sub-section in clause 52,
thus enabling each state to legislate on this matter until the Federal Parliament comes in and legislates
for all.

35

40

45

END QUOTE
Hansard 22-9-1897 Constitution Convention Debates
QUOTE
The Hon. R.E. O'CONNOR (New South Wales)[3.18]: The moment the commonwealth exercises the
power, the states must retire from that field of legislation.
END QUOTE
.

50

55

Hansard 30-3-1897 Constitution Convention Debates


QUOTE Mr. REID:
We must make it clear that the moment the Federal Parliament legislates on one of those points
enumerated in clause 52, that instant the whole State law on the subject is dead. There cannot be two
laws, one Federal and one State, on the same subject. But that I merely mention as almost a verbal
criticism, because there is no doubt, whatever that the intention of the framers was not to propose any
complication of the kind.
END QUOTE
.

Hansard 30-3-1897 Constitution Convention Debates


QUOTE
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The Hon. R.E. O'CONNOR (New South Wales)[3.18]: We ought to be careful not to load the
commonwealth with any more duties than are absolutely necessary. Although it is quite true that this
power is permissive, you will always find that if once power is given to the commonwealth to legislate
on a particular question, there will be continual pressure brought to bear on the commonwealth to
exercise that power. The moment the commonwealth exercises the power, the states must retire from
that field of legislation.
END QUOTE
.

10

15

Hansard 2-3-1898 Constitution Convention Debates


QUOTE
Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is no doubt that it will
be exercised.
END QUOTE
HANSARD 28-1-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-Clause 84 was intended to mean that the power referred to should not be exclusive until
uniform duties of customs had been imposed.
Mr. BARRON.-There is no exclusive power for a period of two years, but by a proviso the power becomes
exclusive at the end of that time. Where there is no such proviso the exclusive power must operate, at any
rate, from the date of the election of the Federal Legislature.

20

Mr. GLYNN.-There seems to be some doubt as to whether the exclusive power arises upon the
establishment of the Commonwealth or on the exercise of the power of legislation. The doubt seems to be
removed by clause 84. It is said that if we put this provision in clause 52 the exclusive power may be
postponed until legislation takes place. But may you not then have a concurrent power, and may not the
competence of the local Legislature to legislate in the matter be continued as long as the legislation is not in
contradiction of federal legislation?

25

Mr. DEAKIN.-That is the point.


Mr. GLYNN.-Yes, and there is still a vagueness in the word "exclusive." If it is doubtful whether the
exclusive power commences with the foundation of the Commonwealth, and if it is possible that it may only
come into being on the passing of legislation, may it not still be said that on the passing of exclusive
legislation the power of the local Parliaments to legislate is extinguished, but that on the passing of concurrent
legislation that power does not cease?

30

35

40

END QUOTE
Hansard 16-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. ISAACS (Victoria).In the next sub-section it is provided that all taxation shall be uniform throughout the Commonwealth.
An income tax or a property tax raised under any federal law must be uniform "throughout the
Commonwealth." That is, in every part of the Commonwealth.
END QUOTE
.

45

Hansard 19-4-1897 Constitution Convention Debates


QUOTE
Mr. MCMILLAN: I think the reading of the sub-section is clear.
The reductions may be on a sliding scale, but they must always be uniform.
END QUOTE

50

55

Hansard 19-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Sir GEORGE TURNER: No. In imposing uniform duties of Customs it should not be necessary for the
Federal Parliament to make them commence at a certain amount at once. We have pretty heavy duties in
Victoria, and if the uniform tariff largely reduces them at once it may do serious injury to the colony. The
Federal Parliament will have power to fix the uniform tariff, and if any reductions made are on a
sliding scale great injury will be avoided.
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END QUOTE
.

10

15

20

25

30

35

40

45

50

55

Hansard 17-3-1898 Constitution Convention Debates


QUOTE Mr. BARTON.But it is a fair corollary to the provision for dealing with the revenue for the first five years after the
imposition of uniform duties of customs, and further reflection has led me to the conclusion that, on the
whole, it will be a useful and beneficial provision.
END QUOTE
Hansard 17-3-1898 Constitution Convention Debates
QUOTE Mr. BARTON.On the other hand, the power of the Commonwealth to impose duties of customs and of excise such as it may
determine, which insures that these duties of customs and excise would represent something like the average
opinion of the Commonwealth-that power, and the provision that bounties are to be uniform throughout
the Commonwealth, might, I am willing to concede, be found to work with some hardship upon the states
for some years, unless their own rights to give bounties were to some extent preserved.
END QUOTE
Hansard 31-3-1891 Constitution Convention Debates
QUOTE Sir SAMUEL GRIFFITH:
2. Customs and excise and bounties, but so that duties of customs and excise and bounties shall be uniform
throughout the commonwealth, and that no tax or duty shall be imposed on any goods exported from one
state to another;
END QUOTE
Hansard 11-3-1898 Constitution Convention Debates
QUOTE The CHAIRMAN.Taxation; but so that all taxation shall he uniform throughout the Commonwealth, and that no tax or duty
shall be imposed on any goods passing from one state to another.
END QUOTE
Hansard 11-3-1898 Constitution Convention Debates
QUOTE Mr. BARTON (New South Wales).That all the words after the word "taxation" where it is first used be struck out, and that the following words
be substituted:-"but not so as to discriminate between states or parts of states, or between goods passing from
one state to another."
END QUOTE

While the states retained their rights to legislate as to religious issues such as Sundays trading,
etc , they cannot use s51(xxxv ii) as to refer legislative powers to the Commonwealth where this
would offend Section 116 of the Constitution. As such it would require a Section 128 referendum
to have S116 amended or deleted first.
Because the marriage issue is closely linked to religious practices and homosexuality is generally
condemned by religions, then I view and also my past published writing about this issue, it is not
simply an issue of marriage but one that could offend religious practices.
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-I understood the honorable member to put himself on the very highest pedestal, and by
contrast to put me on the very lowest. At all events, I feel that if this were carried, an unpopular individual, to
obtain his rights and liberties, would have to go cap in hand to and be at the mercy of the Government of the
day. I was thinking of the pig-tail case which occurred in California, and which I alluded to some time
ago, where an abominably unjust law was passed against Chinamen. It was passed to persecute them in
regard to their pig-tails, which they [start page 1689] regard with exceptional reverence. That law was
declared to be unconstitutional as a law passed by a state.
END QUOTE
.

60

HANSARD 8-2-1898 Constitution Convention Debates


QUOTE
Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable member is quite right in
saying that it took place under the next clause; but I am trying to point out that laws would be valid if
they had one motive, while they would be invalid if they had another motive.
END QUOTE
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.

Therefore it may very well violate s116 as to legislate as to alter the meaning of marriage to
include homosexual relationships this because the motive behind it.
.

10

15

The term marriage at the time of federation must not be changed or modernised as only a Section
128 successful referendum can do so.
It should be understood there are many persons who for religious beliefs do not desire to provide
for homosexual people a wedding cake, a marriage service, etc. And the USA has ample of
reports where even a person was imprisoned for refusing to deal with homosexual marriages
contrary to her beliefs. Therefore it is to force upon others contrary to their religious beliefs a
conduct they object to. Then this I view clearly denies then the very religious liberty enshrined
in s116of the constitution!
Hansard 14-4-1897 Constitution Convention Debates
QUOTE
Mr. MCMILLAN: Perhaps a bewildered layman might mention what I understand to be the exact
position. I understand if we add the word "proposed" before "laws" it would then be really a matter of
procedure, and that the introduction of the word "proposed" before "laws" would make it practically a Bill,
and that otherwise the question of whether the measure is constitutional could not be dealt with.

20

Mr. BARTON: It will prevent the High Court from inquiring into it.
Mr. MCMILLAN: According to the amendment proposed, it would prevent any mere slip of procedure
from making invalid an Act which may affect the whole country and its financial operations, but nothing
which we may enact with regard to procedure will prevent any suitor from going to the High Court if
the Act is essentially unconstitutional. That is the way I look at it, and it seems to me that either putting in
"proposed" before "laws," or adding an amendment somewhere or other making it clear that no mere slip of
procedure can invalidate the law, would meet all the difficulties.

25

Mr. BARTON: This is not proposed to cover mere slips, but everything.
Mr. MCMILLAN: I do not think that could be the intention. We are attempting to legislate for a very
limited possibility. You will get disputes so long as there are lawyers in the world. I do not know
whether Federation will do away with lawyers.

30

Mr. BARTON: Not until merchants will cease to quarrel.


Mr. MCMILLAN: If so it would simplify our arrangements very much. At the same time it does seem that
there ought to be something introduced to prevent the law being put into operation for a mere breach of
procedure, if there is such a chance.

35

Mr. SYMON: There is no chance.


Mr. MCMILLAN: I do not suppose that any ordinary moral layman would do it, unless he were
instructed by a less moral lawyer.

40

45

END QUOTE
Hansard 19-4-1897 Constitution Convention Debates
QUOTE
Mr. CARRUTHERS:
This is a Constitution which the unlettered people of the community ought to be able to understand.
END QUOTE
.

Hansard 21-9-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE

50

The Right Hon. C.C. KINGSTON (South Australia)[9.21]: I trust the Drafting Committee will not fail to
exercise a liberal discretion in striking out words which they do not understand, and that they will put
in words which can be understood by persons commonly acquainted with the English language.
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END QUOTE

Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE Mr. ISAACS.We want a people's Constitution, not a lawyers' Constitution.
END QUOTE
Hansard 22-2-1898 Constitution Convention Debates

10

15

20

QUOTE Mr. SYMON (South Australia).That this is not like an Act of Parliament which we are passing. It is not in the position which Mr. Barton has
described, of choosing or setting up a code of laws to interpret the common law of England. This
Constitution we are framing is not yet passed. It has to be handed over not to a Convention similar to
this, not to a small select body of legislators, but to the whole body of the people for their acceptance or
rejection. It is the whole body of the people whose understanding you have to bring to bear upon it, and
it is the whole body of the people, the more or less instructed body of the people, who have to
understand clearly everything in the Constitution, which affects them for weal or woe during the whole
time of the existence of this Commonwealth. We cannot have on the platform, when this Constitution is
commended to the people, lawyers on both sides, drawing subtle distinctions, which may or may not be
appreciated by the people.
END QUOTE

25

Reportedly Mr Bill Shorten argues that even one suicide by a homosexual denied to be married is
too many. As if people are committing suicide for this at a large scale. Why is he then not taking
the same approach to people subjected to Family Court litigation where reportedly as many as 7
men die each day?
It is nonsense to claim that the cost of the Plebiscite is unjustified when it comes to people facing
serious problems for refusing to deal with homosexuals. After all we have already plenty of
people who suffered for the very reasons to refuse to do something against their religious beliefs.

30
While we are entitled to political liberty nevertheless Tass Corbett discovered that when it comes
to her political rights she copped it.
http://www.standard.net.au/story/1942242/barrister-says-forced-apology-wrong-in-corbett-case/
35

QUOTE

Barrister says forced apology wrong in Corbett case

By SEAN McCOMISH
Nov. 30, 2013, 4 a.m.
40

A BARRISTER defending controversial former political hopeful Tess Corbett is confident


an anti-discrimination ruling against the Lake Bolac grandmother will be overturned.
Melbourne barrister Marcel White says a court order forcing Ms Corbett to publicly
apologise in a Sydney newspaper over comments likening gays and paedophiles could set a
dangerous precedent for politicians and political aspirants.

45

This appeal raises issues around free speech within the election process and the extent to
which candidates for Parliament can rely on exemptions from anti-discrimination laws
during interviews with the media, Mr White told The Standard.
Ms Corbett sparked outrage in January this year while campaigning as the Wannon
candidate for Katters Australia Party.

50

She dropped out of the race but was approached by the Australian Christians months later
to stand again in the seat.
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77
Ms Corbett ended up running for Parliament with the Australian Christians party and
many Christians around Australia have been following her case because she expressed
opinions on moral issues in response to media questions about her candidacy, Mr White
said.
5

The ability for Christians to make contributions to civic life, and whether it is legitimate
for the state or other interested persons to restrict those contributions, is a central issue
arising from the Corbett media interviews.
No date has been set for an appeal hearing.

10

Mr White also intends to challenge jurisdictional issues over the New South Wales AntiDiscrimination Board order.
The Standard understands Mr White is handling the case pro bono but he would not
confirm or deny if he was handling it free of charge.

15

Gay rights activist Gary Burns, who brought the case against Ms Corbett, remains
confident the ruling will be upheld as she did not attend any of the tribunal hearings in
Sydney.
Mr White said his client had been unable to attend the hearingS because of the remoteness
of her home.

20

Ms Corbetts absence from the original hearings was in large part caused by the
remoteness of her home in Lake Bolac from the tribunal in the Sydney CBD, which is
nearly 1000km away, a fair few country miles in the old parlance, he said.
END QUOTE

25

Lake Bolac, Victoria - Wikipedia, the free encyclopedia


https://en.wikipedia.org/wiki/Lake_Bolac,_Victoria
Lake Bolac is a town in the Western District region of Victoria, Australia, in the Rural City of Ararat,
91 kilometres (57 mi) west of Ballarat. At the 2006 census, ...

As Lake Bolac is in Victoria one then has to consider if the NSW tribunal had in fact any
jurisdiction over Tess Corbett, besides numerous other issues, such as her right as a political
candidate to campaign!
30
https://garryburnsantidiscriminationactivist.com/2016/01/18/former-katter-party-candidate-tesscorbett-to-face-court-on-contempt/
35

40

QUOTE
FORMER KATTER PARTY CANDIDATE TESS CORBETT TO FACE COURT ON CONTEMPT
Posted by Garry Burns January 18, 2016 Leave a comment
Filed Under Anti-Discrimination Campaigner Garry Burns, Gay Activist Gary Burns, Katter's Australian
Party, paedophiles, TESS CORBETT
MEDIA RELEASE
FOR IMMEDIATE RELEASE
18 January 2016
(image not reproduced)
Corbett to face the Supreme Court 15 February 2016

45

A former candidate from Bob Katters Australia Party who likened gays and lesbians to pedophiles
during an interview on the campaign trail in 2013 had been found to have engaged in homosexual
vilification under the Anti-Discrimination Act 1977 ( NSW ) by the former NSW Administrative
Decisions Tribunal ( ADT ) and ordered the defendant to publish an apology in the Sydney
Morning Herald pursuant to the Anti-Discrimination Act 1977.
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78

Ms.Corbett was Bob Katters candidate for the Victorian seat of Wannon in the federal election until
she was stood down in January of 2013 after telling her local paper , I dont want gays , lesbians
or pedophilies working in my kindergarten.
If you dont like it , go to another kindergarten , Ms.Corbett told the Hamilton Spectator.
When asked if she considered homosexuals to be in the same category as pedophiles , Ms.Corbett
replies , yes .

10

Pedophiles will be next in line to be recognised in the same was as gays and lesbians and get
rights, she said.
Ms.Corbett appealed the 2013 decision of first instance citing St Paul as a defence but her appeal
was rightly dismissed by the court of appeal.

15
Anti-Discrimination Campaigner and Public Interest Litigant Garry Burns initiated the proceedings
against Ms.Corbett under the Anti-Discrimination Act 1977 ( NSW ). The Tribunal ordered the
defendant to publish an apology in the Sydney Morning Herald in a prominent position pursuant to
the Anti-Discrimination Act 1977 at her own expense and to also apologise to Mr.Burns in writing.

20
Ms.Corbett has failed to comply with an order of the NSW Civil Administrative Tribunal ( NCAT )
and on Tuesday 22 December 2015 Mr.Burns commenced contempt proceedings against the
defendant in the NSW Supreme Court.

25

The Orders Mr.Burns seeks the court to make are ;

30

1. Ms.Corbett be found guilty of contempt of Court for failing to comply with the order made on the
24 September 2014 , in that the defendant failed to procure by 13 November 2015 , at her expense
, the publication of the apology in the Sydney Morning Herald pursuant to the Anti-Discrimination
Act 1977.
2. Ms.Corbett be found guilty of contempt of Court for failing to comply with the order made on the
24 September 2014 , in that the defendant failed to forward by 13 November 2015 a signed letter of
apology to the plaintiff Mr.Burns.

35

3. The defendant Ms.Corbett be punished for her contempt by Fine .


4. The defendant pay the plaintiffs costs on an indemnity basis.

40

Mr.Burns is NOT seeking that the defendant Ms.Corbett be punished for her contempt by Jail .

45

My public interest work is not about punishing individuals , it is about educating people in powerful
positions of their responsibilities under the Anti-Discrimination Act 1977 to not make pernicious
public statements that have a capacity or effect of inciting ridicule , contempt or hatred
against homosexual Australians , Mr.Burns said.
Hearing Details
The Motion is listed at 9am on Monday 15 February 2016 in the Supreme Court of NSW.

50

55

60

Mr.Burns said , It is now up to the Judiciary on how it deals with this defendant in relation to
the allegation of contempt . My initiating of contempt proceedings against Ms.Corbett is to send
a very clear and precise message to the Australian public that there are consequences if a
defendant of an order of the NSW Civil Administrative Tribunal ( NCAT ) ignores it .
Mr.Burns wanted to engineer a very creative settlement / remedy. Its terms must reflect his belief in
the public interest in the defending of gay men and womens rights to freedom from public acts of
discrimination and or unlawful homosexuality vilification.
ENDS
For further information please contact Garry Burns on ;
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02 -9363-0372 or
0407-910-309.

10

15

The defendants solicitor is Robert Remo Balzola who can be contacted on the below numbers ;
02-9283-8180 or
0405-195-048.
END QUOTE

I understand that this Gary Burns is also litigating against various other persons not residing in
NSW as to racial vilification.
However, I view those engaging in homosexuality are not a race as such! Neither can it be
deemed a form of discrimination to excise once political views. After all we have leaders of
political parties to promote homosexual marriages and as such I view Tess Corbett was entitled
to cast her views. After all it was part of her political platform. No one can expect her to hide her
views and then have people casting their vote and later find some backdown politicians doing the
opposite to what was understood to be the candidates political position.
https://garryburnsantidiscriminationactivist.com/2016/01/18/former-katter-party-candidate-tesscorbett-to-face-court-on-contempt/

20

QUOTE

When asked if she considered homosexuals to be in the same category as


pedophiles , Ms.Corbett replies , yes .
Pedophiles will be next in line to be recognised in the same was as gays and
lesbians and get rights, she said.

25

END QUOTE

30

What Tess Corbett considered in my view is not what can be litigated about because her views
and consideration she is as much entitled upon as Gary Burns is upon his.
.

Having read through the entire reason of judgments it seems that most judges rely upon:

35

40

45

(at 2) Monis v The Queen, Droudis v The Queen, [2013] HCA 4, 27 February 2013, S172/2012 & S179/2012,
QUOTE
The Australian Constitution limits the power of parliaments to impose burdens on freedom of
communication on government and political matters. No Australian parliament can validly enact a law
which effectively burdens freedom of communication about those matters unless the law is reasonably
appropriate and adapted to serve a legitimate end in a manner compatible with the maintenance of the
constitutionally prescribed system of [government in Australia.
END QUOTE
(at 61) Monis v The Queen, Droudis v The Queen, [2013] HCA 4, 27 February 2013, S172/2012 & S179/2012,
QUOTE
The term "implied freedom of communication concerning government and political matters" has been
well established in Australian constitutional discourse since the implication was first posited in Nationwide
News Pty Ltd v Wills1 and in Australian Capital Television Pty Ltd v The Commonwealth 2. However, as
Dawson J said in Levy v Victoria3:
QUOTE

(at 102-103)
50

Monis v The Queen, Droudis v The Queen, [2013] HCA 4, 27 February 2013, S172/2012 &

S179/2012,
QUOTE

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80
Applicable principles
102

The Constitution provides for a system of representative and responsible government. Sections 7 and 24 of
the Constitution provide that the two Houses of the Parliament must be "directly chosen by the people".
Section 64 requires that no Minister of State hold office "for a longer period than three months unless he is
or becomes a senator or a member of the House of Representatives". Those who are elected as members of
the Parliament and those who are appointed as Ministers of State are necessarily accountable to "the
people" referred to in ss 7 and 24. Additionally, s 128 provides that the Constitution shall not be altered
except in the manner provided in that section; in particular, only "if in a majority of the States a majority of
the electors voting approve the proposed law, and if a majority of all the electors voting also approve the
proposed law". As the whole Court said in Lange4, it follows from these and other provisions that
"[f]reedom of communication on matters of government and politics is an indispensable incident of
that system of representative government which the Constitution creates".

103

Because freedom of communication on matters of government and politics is an indispensable


incident of the constitutionally prescribed system of government, that freedom cannot be curtailed by
the exercise of legislative or executive power5 and the common law cannot be inconsistent with it. But
the freedom is not absolute and it follows that the limit on legislative power is also not absolute.

10

15

QUOTE

(at 346) Monis v The Queen, Droudis v The Queen, [2013] HCA 4, 27 February 2013, S172/2012 & S179/2012,
20

QUOTE
In the setting of the Australian Constitution, a system of representative government is the constitutional
imperative upon which the implied freedom is founded.
END QUOTE

25

What I view is so terrible about it all is that we have a grandmother Tess Corbett wanting to put
her contribution towards our political system and then is As I view it harassed and duped with
court proceedings and orders for doing what she is constitutionally entitled to.
As a recent television program exposed that politicians and others desired to lower the age of
consent for a child to 4 years old!

30

35

40

45

Derryn Hinch on sex with teenager in 1979: 'My most reckless, sexual ...
www.news.com.au/...hinch-and.../505505dbd53858e72b0c8d13918bb185
Jul 7, 2016 - Derryn Hinch has clarified the details of a decades-old tryst with a young model. ... I
had had sex with a 15-year-old girl, Hinch wrote in his 2013 clarification. ... Women's Weekly, I
met her about 3am at a party at Molly Meldrum's, thought ... a paedophile, a child rapist and the
girl's age has dropped to 14.

While it is now claimed that Derryn Hinch had it wrong in her telling, the unknown source of
this is not known to me. What however is of concern that he in the first place made a statement
of such serious nature and now appears to me to try to change this without naming the female
concerned so it can be verified.
As for naming pedophiles, I view this is for the courts to do if it deems it appropriate. Using the
Senate for any kind of gimmick to name any pedophile I view is a very dangerous stunt and the
Senate should ban him from doing so.
History is full of tales how innocent people were convicted and later exonerated. We must trust
the Courts to do it right. I for one lack trust in the system called courts but nevertheless hold this
to be what we have and if we desired better we must campaign for this. If the Senate allows
Derryn Hinch to name what he deems to be pedophiles he may yet again, as I understand he did

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81
in the past, abort a criminal case against an accused. That doesnt serve society, at least not in my
view.
5

10

15

20

25

Let us be clear about it sometimes a person can end up with a criminal conviction by an innocent
conduct. This, could destroy the future of the person then convicted besides the harm to the
victim, and yet we have under aged children going on rampages, including murder and they are
not named.
The danger we can have is that a pedophile might find it more attractive to murder his/her victim
as then possibly avoid any conviction and naming and shaming. This is not the kind of result we
would desire for a society. We need to address the real issues why pedophilia is occurring and
address this underlying cause.
In my view it is not for the Commonwealth of Australia to publish any list because convictions
are State based. Why list the ones know but others being convicted elsewhere are left unknown.
We had a convicted murderer migrating into Australia and then deported only to re-enter under
false identity and then being allowed by the High Court of Australia to stay because of having
fathered a child.
The Framers of the Constitution held that a person having made an error in life should be
allowed by society to make a fresh start having paid his dues to society and even be entitled to
stand as a candidate for political elections. While no one may seek to diminish the horror of a
crime committed against any other human being we must rely upon our courts to act
appropriately and if the courts have passed sentence and the person has served this then we
should not outcast this person for life.
Hansard 7-3-1891 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE
Mr. CARRUTHERS (New South Wales).-I beg to moveThat sub-section (3) be omitted.

30

35

40

45

50

55

This clause was very shortly debated on the last evening of our sitting in Sydney. I did not then press the
matter to a division, because so many delegates were absent, but I indicated that I would take an opportunity
of having a division in this session. The object of my amendment is that public men shall not be penalized
unduly by a provision which will disqualify them, perhaps for all time, from holding a position in public life
by reason of monetary misfortune. Clause 46, which follows, I do not intend to amend. It provides that the
seat shall be vacated by any member who becomes bankrupt or insolvent, and then, the seat being vacated,
the member will have to go to his constituents for re-election. That is practically the law in New South Wales,
although I believe it is not the law in Victoria. I think it is a sufficient penalty for a public man that be should
resign his seat and go before his electors when he takes advantage of the law relating to insolvent debtors. It
is going too far to say that because a man by misfortune, and owing to circumstances over which perhaps he
has no control, is compelled to seek the protection of the court, he should resign all public offices and
practically retire from public life. What would have happened in New South Wales if we had had such a
provision in the law? We have seen, not on one occasion, but on many occasions, not in regard to one
individual, but in regard to many individuals, men occupying positions as Premiers, whose usefulness has not
been questioned, who have been compelled to have recourse to the protection of the Insolvency Court. These
men have resigned their position in Parliament, as they were compelled to do by the Constitution Act; they
have gone to their constituents, and they have been elected or rejected by the electors, who can judge them in
the light of the knowledge they have relating to their insolvency. They have not had their political careers
closed. If there had been such a law as this in operation, we should have had some of the wisest and best men
who ever guided public affairs in New South Wales shut out from public life. We should have had Ministries
destroyed, and men who through misfortune, which, perhaps, was largely attributable to the fact of their
holding positions in public life, would have had their careers of usefulness closed for ever. I invite honorable
members to pay attention to this aspect of the case. If you penalize politicians above all other men, what will
happen? Suppose there is one public man and nine or ten others who become guarantee for a very large sum
of money in connexion with some enterprise. We know that public men are often led into becoming
guarantors as directors of companies, and they become guarantors on account of advances made perhaps for
the purpose of pushing forward some enterprise which is practically for the development of some of the
resources of the colony. Such a provision as this would mean that because there is one man out of ten who
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25

30

35

has to do something more than pay the debt, who has to stand the risk of losing his position as a public man,
that man is put in a position to be black-mailed. You put him in a position where he alone can be pushed to an
extremity, and a clause of this character would be used by creditors, who might have the opportunity of
looking to half-a-dozen other men who have jointly become security on mortgages, bonds, or guarantees,
who will press that man alone, because they know that he is the only one against [start page 1933] whom
such a lever of destruction can be used as to deprive him of his position in public life. Honorable members
having been associated for many years with public life will know the bitterness which sometimes attaches to
political warfare. Is not this provision the means of putting a powerful instrument in the hands of
unscrupulous opponents? Such a thing would have been done in New South Wales over and over again if
such a provision as this had existed in the law. The career of some of the brightest and best intellects of the
public life of that colony would have been closed. It will be a misfortune to the Commonwealth if you brand
with the stigma of permanent displacement men who, by reason of their services to the country, have
neglected to serve their own interests. It has been one of the highest testimonies to the honesty of public men
in Australia that they have been poor men. It has, perhaps, been one of the greatest sacrifices that public life
has ever entailed in these colonies, where men of intellect, following their professions closely, or developing
the resources of the country, may easily make fortunes, that public men should have thrown aside all these
opportunities of advancing their own interests, and have devoted themselves to the interests of the country,
thereby very often bringing ruin upon themselves and their families. That is a story that could be related over
and over again with regard to the public men of Australia. After having faithfully served their country for
many years, most of them, perhaps, have to see in their declining years poverty coming upon themselves and
their families. Now, here it is proposed to place an additional penalty upon our public men who, perhaps,
have to seek the protection of the court through no fault of their own in nine cases out of ten. Having given up
his professional pursuits, and having attached himself for years or for a lifetime to political affairs, a
provision of this kind will place it in the hands of any creditor-a political opponent or otherwise-to absolutely
close the door against that man's future public career by forcing him into the Insolvency Court. The electors
of the country have a right to make their choice, and if they choose to be represented by a man who is
compelled by the necessities of his life to become bankrupt or insolvent, surely it is not our business to take
away that choice from them. A man may be guilty of a misdemeanour, he may have served a sentence of two
years for a misdemeanour, he may have been guilty of some disgraceful offence, yet, under this Bill, that man
can be elected. Yet it is proposed to stigmatize a man who may have to seek the protection of the Bankruptcy
Court through being a director of a mining company, or through being connected with some financial
institution which in boom time has flourished, and has then gone down, dragging others with it. You penalize
such a man more than a man who may have been guilty of a crime. This Bill will allow any drunkard or
vagabond in the community to be elected to Parliament; but you penalize beyond all these men a man who
has served his country too well and who has not served himself sufficiently well, neglecting his own affairs,
and thus allowed monetary embarrassment to fall upon him. I trust the Convention will strike out this subsection.
END QUOTE

40

45

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55

In my view when a persons has served his sentence than we should allow this person to try to
start a better life and ongoing publications, etc, will not likely going to improve matters. What
will be done is to add an additional sentence upon a person and by this taking the law into our
own hands.
No matter what once personal views might be about homosexuality, etc, we must accept that
once in an appropriate manner that is the provisions are altered/amended, if at all then we all
must accept this for so long it doesnt deny others their constitutional rights.
Currently a major issue is objectors to immunization because of the harm that resulted too many
children.my eldest son nearly died as result. Yet, to my knowledge no test is done if a child
might be allergic to any form of immunization. As such, immunization might be harmful to one
child but not another. Who really desires to play so to say Russian roulette with the health and
wellbeing of once child? Why not develop some test that can detect if a child is or might be
vulnerable regarding certain vaccinations, rather than to try to force parents to let their child to be
at risk? Prevention not only is better than a cure but could prevent numerous wrongly cited cot
deaths.
Likewise pedophilia should be addressed appropriately to seek to avoid it to happen as much as
reasonable possible. Yet, we have people entering Australia who may have no clue that the
customs and traditions and legal provisions are starkly different then the country of origin and so
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83
what is required is proper education to avoid people unaware of the different standards to do
what they are accustomed to only then to end up with convictions.
5

There are countries where homosexuals can be openly vilified and harmed to the extent of being
killed. People from such countries may enter Australia and reside here unaware we have different
social standards and then our failure to educate them in the first place then could end up such a
person acting in what he/she belief it permissible only to end up in court. We need to provide a
better system of education/information to new comers. Promoting homosexual marriages but not
attending to the basics I view is only to likely escalate the problems already existing.

10
http://www.dailymail.co.uk/news/article-3464222/Gay-couple-feel-dehumanized-Christianbaker-refuses-make-wedding-cake.html
QUOTE

Edie Delorme of Kern's Bakery refused to make a cake for


a gay wedding

Ben Valencia and fiance Luis Marmolejo felt


'dehumanized' by decision

Baker defended move saying gay marriage went against Christian beliefs

Delorme warns she'd rather close than be forced to sell gay wedding cakes

Couple say they were shocked and saddened to be discriminated against

15

20

By Hannah Parry For Dailymail.com


Published: 05:44 +11:00, 26 February 2016 | Updated: 15:10 +11:00, 26 February 2016

A Texas baker has refused to make a wedding cake for a gay couple because
she claimed it went against her Christian beliefs.
25

Ben Valencia and his fiance Luis Marmolejo had visited Kern's Bakery in
Longview, last week to get a quote for a cake for their special day.
But the couple were shocked when co-owner of the store, Edie Delorme,
refused to sell them a wedding cake - due to their sexual orientation,
Longview News-Journal reports.

30

END QUOTE

Christian Bakery Closed for Refusing Lesbian Wedding Cake Breaks ...
35

www.christianpost.com US
Jul 18, 2015 - Aaron and Melissa Klein, Christians and former owners of a bakery in Oregon who
... Christian Bakery Closed for Refusing Lesbian Wedding Cake Breaks .... Does Bill Nye Think
Homosexuality Makes Evolutionary Sense?

Owners who refused cake for gay couple close shop - USA Today
40

www.usatoday.com/story/money/business/2015/02/...marriage-bakery.../24133651/Feb 27, 2015 INDIANAPOLIS A bakery that drew protests for refusing to prepare a cake for a gay couple ...
Same-sex marriage has been legal in Indiana since Oct. 7. ... I was able to speak to many
homosexuals in the community and to ...
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A year after refusing to provide cake for gay 'wedding,' Christian ...

https://www.lifesitenews.com/.../a-year-after-refusing-to-provide-cake-for-gay-weddi...
Mar 5, 2015 - But the McGaths said their refusal to make a cake for a homosexual commitment
ceremony had ... A message posted on the former bakery's website reads: We have decided not
to renew our lease, so we are now closed.

Baker Fined $135,000 for Refusing to Bake Gay Wedding Cake Sends ...

10

www.charismanews.com/.../51134-baker-fined-135-000-for-refusing-to-bake-gay-we...
Aug 20, 2015 - Baker Fined $135,000 for Refusing to Bake Gay Wedding Cake ... Like Melissa, I
want the LGBT community to know that we are not their enemy. ..... This festival is part Mad Max,
part Woodstock and part Eyes Wide Shut, and .

Oregon bakery owners refuse to pay damages in gay wedding cake ...

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www.foxnews.com/.../oregon-bakery-owners-refuse-to-pay-damages-in-gay-wedding...
Oct 1, 2015 - Oregon bakery owners refuse to pay damages in gay wedding cake case ...
Christian bakery closes after LGBT threats, protests .... No they should just make them close up
shop for good or get into another line of work.

What is clear is that this is not just about recognition of homosexual marriages but forcing others
to act against their religious views. Ample of people never marry lawfully but they still have love
between them and have children. In fact in many countries where homosexual marriages is
permissible the rate of marriage is very low. As such from the many reports I read this is not
about love and equality of marriage but the marriage is a tool to terrorize others as to serve
homosexuals regardless of their personal beliefs. After all they so to say already have the
recognition of De Facto marriage and as such they gained considerable progress but that is not
what it appears to me they are after. It seems to me they want to be accepted and so basically
force people to accept their kind of lifestyle, etc.
This is like that a migrant settles in to Australia and then seek everyone else to be forced to
accept this person with Australian birth rights even so never born here.
What we have is that homosexuals demand as I understand it that children books are being rewritten that they no longer refer to mum and dad but to parents. This I understand is why many
are against homosexuals also because decades ago homosexuals would argue what we do in our
privacy is our business, but now they are flaunting it on the streets such as the Mardi Grass, etc,
to so to say shove it down the throats of others, but they wouldnt want this to be done to them
about heterosexuals!
I understand that politicians have been arguing they do not want a plebiscite because if this is
rejected it will put back for perhaps 25 years the homosexual marriage issue. I understood Mr
Bill Shorten to say so. Well, forcing upon society a minority view isnt democracy!
What if the Parliament were to vote upon a Homosexual Marriage Bill and it is voted down?
What if the Homosexual Marriage Bill were to be passed but then a successful challenge before
the High Court of Australia were to result in it being declared unconstitutional?
How stupid to call it a same sex issue when there are people who are neither claiming to be
male or female but non-gender. As such the so called Same sex marriage would leave them
out!
What I view it really amount to is a form of dictatorship upon the general community to accept
the conduct and intentions of a minority. That is not democracy but dictatorship and terrorism.
I as a constitutionalist and (now retired) Professional Advocate have represented lawyers in
litigation but I am not a legal practitioner and the mere fact I defeated opponent lawyers doesnt
mean that I can then claim equality to be recognized as a legal practitioner. I have my wealth
of knowledge and experiences and proud upon it. I wouldnt want to be and always resented
being compared as being a lawyer because it would imply I too might be some crook.
p84
13-9-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
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Likewise there are ample of homosexuals who live for decades in a stable relationship and do not
need nor want others to approve of their relationship as it is their and theirs alone. As such they
are not interested in any formal so called Same sex marriage issue because to them it merely
sidetracks and may even cause problems.
We can see this with people who are practicing Muslims. Even before the creation of the
federation called Commonwealth of Australia there were people living in Australia who were
practicing Muslims and in fact had their Mosque. They were blended into society because their
religion was their and theirs alone, and not offending anyone. However now fanatics claiming to
be practicing Muslims are causing terrorism all over and well are causing by this problems to
those who peacefully have been within our society.
We lack political leadership in this regard because if we had proper political leadership such
clashed and problems would have been avoided.
People who have their business destroyed because they refused to act contrary to their faith are
clear examples how this is not about love and equality but in my view rather oppression.
To me it is like the slaughter in countries where people were put to a choice to convert in religion
of be put to death.
It is the very conflict that the Framers of the Constitution pursued to be prevented by including
s116 in the constitution but we got appalling politicians who so to say would sell their
grandmothers grave if it were to have a possibility for a vote. They are not there to serve the
People but to serve their own selfish interest.
Any fair dinkum homosexual in my view would rather have this whole so called Same sex
marriage issue to go away and rather develop within society that they embrace homosexuals in
their own rights and so regardless it might take more time to achieve this.
What the so called same sex Marriage Bill would do is to entrench opponents even more and
wouldnt find the acceptance of many. It will not harmonize the general community but rather
may very well result in people coming to the forefront who will one day gain power to reverse
the lot and use the very methods now used by homosexuals in reverse.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.- We have simply said that the guarantee of the liberalism of this Constitution is
responsible government, and that we decline to impair or to infect in any way that guarantee.
END QUOTE
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
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
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
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
.

HANSARD 17-3-1898 Constitution Convention Debates


QUOTE
Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten,
END QUOTE

We have a society that one day might very well say become subjected to Muslim ruling the
country. If so then they can perhaps use the argument what was good for the Goose is good for
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13-9-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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86
the Gander, and so may use current Census and other records to round up all those involved in
homosexual activities and put them to death or otherwise deal with them.
Always be careful to what you are demanding as it so to say might bite your bum one day.
We have seen this with the con-job referendum of 1967 where nearly 50 years later Aboriginal
activist still are not satisfied with the result. It simply didnt work out. I refer to con-job
because as a CONSTITUTIONALIST I view this was what it was. The equality so demanded by
Aboriginals actually resulted to inequality. The unconstitutional Northern Territory Intervention
Act is but a clear example of this. I will not delve now into all the details because my already
published writings spills it all out in considerable details.

10
Again any reference to same sex marriage would exclude non-gender people!
What is same sex when we have non-gender people?
See also:
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http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html
NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)

As such, Norrie would be limited to a marriage to a non-gender person?


Homosexuals are using politicians to gain their aim and so politicians likewise are using
homosexuals for their own aims. They might be strange bed fellows but then they might serve
each other even if the outcome might be fatal to both of them in the end.
As a CONSTITUTIONALIST my personal views are irrelevant to the true meaning and
application of the constitution. After all I grew up that all people were equal regardless of race,
skin colour, etc. However, the Commonwealth of Australia Constitution Act 1900 (UK) was
specifically created to DISCRIMINATE and as such NO Parliamentarian legislation can
override the embedded constitutional legal principles. The Aboriginals in the misconception to
gain equality wanted the 1967 referendum regarding Ss51(xxvi) to succeed and achieved this
when discovering in fact they lost the equality they had since federation but never understood
this to have been so. Two people of the same gender cannot and never will be equal to two
people of opposing gender, and no legal status can alter the way nature causes a person to be
born. No amount of legislation can cause a male who may have a gender alteration operation to
have a womb and give birth to a child. As such you can change the identity and the physical
appearance of a person but you cannot change the natural being of the person in that regard.
Likewise a woman cannot father a child! All this campaigning by homosexuals seems to me to
be counterproductive and cause a resentment amongst others who might not have had an issue
with homosexuality but resent being forced to accept standards and conduct not being their own.
Politicians should to engage in secret deals as the electors voted and are entitled to know
what their representatives are about, as to Plebiscite or otherwise.
When Mr (Backdown) Barnaby Joyce first stood for election he as I understood it was against the
sale of Telstra, but then once elected seemed to agree to the sale of Telstra. As such electors who
relied upon his election policy were so to say conned. As such where for example electors in
Murray voted for the national candidate rather than the Liberal candidate (Plebiscite) they are
entitled to know if Mr (Backdown) Barnaby Joyce is pulling another trick on them and now has
some nice cozy deal going on where it will violate the election policy put to them!
Hence, they and others are entitled to know the precise Coalition agreement in place.
This document is not intended and neither must be perceived to refer to all details/issues.
G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

Awaiting your response,

MAY JUSTICE ALWAYS PREVAIL


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Our name is our motto!)

p86
13-9-2016
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati

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