Académique Documents
Professionnel Documents
Culture Documents
As I understood it there was even a High Court of Australia case to prevent the so called SSM
survey to proceed. Yet, now that the survey showed more yes then no indications we have
politicians and other falling over each other to claim victory. The survey not being actually a
vote but merely for indicating once views can it then be sufficient to justify legislation, as after
all PM Malcolm Turnbull made clear the people have voted (even so nit was not a vote) and
Parliament is bound by this, then why was the same argument not applied to the unconstitutional
invasion into Iraq? I get it, politicians are selling themselves out to what suits them.
With a vote there are safeguards to protect the secrecy of voting. However, with a survey it
may have been manipulated that even if the survey was found overwhelmingly to be in support
of opposition to amend the marriage law no transparency exist to check this, as is applicable with
ordinary voting in elections.
Let us not forget that on 19 July 2006 I comprehensively defeated the Commonwealth in AEC v
Schorel-Hlavka in both appeals regarding FAILURE TO VOTE. My 4 December 2002 court
order (by consent) regarding the s78B NOTICE OF CONSTITUTIONAL MATTERS (That
included the legal challenge against the validity of the purported Australian Citizenship Act
1948) still remains to be outstanding. The Commonwealth never had nor has any constitutional
legislative powers to define/declare citizenship of anyone natural born within the Commonwealth
of Australia. All those politicians losing their seats about the citizenship issue now may regret
not having complied with the court order that could have avoided the High Court of Australia
twisted/perverted interpretation of s44. So politicians ignored my writings, worse a court order,
and well they now suffer their self-inflicted harm.
If indeed 72% of deemed adult electors casted their views and of which about 62% of them were
in favour to amend the Marriage Act to allow homosexuals to get married then it means that the
minority succeeds. After all 62% (7.8Million responses) of 72 % is not a majority at all. If
roughly about 16.7 Million people (give or take a few) electors returned an about 7 million yes
views then this is well short of the majority. It has been claimed that with a referendum the
referendum would have succeeded. I do not view this as such, this is because with compulsory
voting (regardless it is unconstitutional) the voting result could have been dramatically different.
Then people in secrecy could have voted whereas now people might have been or felt to be
forced to support the yes campaign because of others in the family unable to have their moment
of secrecy to fill in the survey. What we have is some lesbian Member of Parliament like various
other homosexual Members of Parliament) going on and on about her kind of sex life being some
personal issue converted to being some prominent governing issue rather than to deal with real
important issues facing society. When politicians are morally bankrupt then then I view they
should get out of parliament so more competent persons can represent the constituents more
appropriately. Here we have Australian soldiers risking life and limb to represent Australia and
returning at times in disabilities and all we seem to have parliamentarians to be concerned about
is their kind of sex life they engage in to be made public for all to know and forced to accept this.
Dont worry about the disabled returned soldier who may be dying on the side of the road in
poverty, etc.
p1 16-11-2017 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
http://www.abc.net.au/news/2017-11-15/same-sex-marriage-results-ssm/9145636
QUOTE
INSPECTOR-RIKATI
As I indicated in my sets outs published at www.scribd.com/inspectorrikati there are numerous issues to be considered.
The SSM survey was a con-job in that it was not about same sex marriage but also about same 'gender' marriage. it was
not a 'secret' vote but one the confidentiality of a polling booth was denied and so people felt compelled to choose a
view as might have been dictated by others. On 19 July 2006 I in AEC v Schorel-Hlavka comprehensively defeated the
Commonwealth (and States) in regard of compulsory voting. If the SSM survey is so good then why have compulsory
voting at all, I wonder. Or is it because political parties are funded with the first preference system to have a better
advantage then most INDEPENDENT candidates? If the SSM is all about love, is this then implying that people who live
together but do not desire to enter into a marriage then implied do not love each other? The commonwealth by s41 has no
constitutional validity to hold any electoral role and one has to ask why teenagers were excluded from this survey where
it will considerably affect them as the SSM campaign indoctrinates them with gender fluidity, etc? The majority of the
electors either indicated a NO change, had their survey answer not accepted, didn't return their survey form and/or had
for other reasons their survey form excluded. It means that the professed YES campaign did not in my view succeed to
achieve the majority of electors to desire to amend the Marriage Act. In my view our constitution being a British
Constitution Act subject to the Interpretation Act 1889 (UK) must be interpreted to be regarding one man and one woman
marriage as homosexuality while well known to occur for centuries were not considered to be part of marriage. One thing
for sure, the lawyers/judges and not to forget the undertakers will be the once most to gain with homosexuals getting
married, divorced and well with AIDS spreading will keep funeral directors employed.
END QUOTE
.
Commonwealth of Australia Constitution Act 1900 (UK)
QUOTE
34 Qualifications of members
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall
be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of
members of the House of Representatives, or a person qualified to become such elector, and must have been
for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is
chosen;
(ii) he must be a subject of the Queen, either natural-born or for at least five years naturalized under a
law of the United Kingdom, or of a Colony which has become or becomes a State, or of the
Commonwealth, or of a State.
END QUOTE
HANSARD 19-4-1897 Constitution Convention (Official Record of the Debates of the National Australasian
Convention)
QUOTE Mr. CARRUTHERS:
Mr. Barton first of all recites Dicey to show what occurs under the unwritten Constitution of
England. But here we are framing a written Constitution. When once that Constitution is framed we
cannot get behind it.
END QUOTE
Hansard 31-1-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. SOLOMON.-
We shall not only look to the Federal Judiciary for the protection of our interests, but also for the just
interpretation of the Constitution:
END QUOTE
Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must rest this
Constitution on a foundation that we understand, and we mean that every citizen of a state shall be a
citizen of the Commonwealth, and that the Commonwealth shall have no right to withdraw, qualify, or
restrict those rights of citizenship, except with regard to one particular set of people who are subject to
disabilities, as aliens, and so on. Subject to that limitation, we ought not, under this Constitution, to hand
over our birth right as citizens to anybody, Federal Parliament or any one else, and I hope the amendment
will not be accepted.
Dr. COCKBURN (South Australia).-I think the Commonwealth should keep in its own hands the key of its
own citizenship. Some colonies are somewhat colourblind with regard to immigration, other colonies may be
somewhat deficient in their ideas as to naturalization. If we place in the hands of any state the power of
forcing on the Commonwealth an obnoxious citizenship, we shall be doing very great evil to the
Commonwealth. This power should be in the hands of the Commonwealth; it should itself possess power to
p4 16-11-2017 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
define the conditions on which the citizenship of the Commonwealth shall be given; and the citizenship of
the Commonwealth should not necessarily follow upon the citizenship of any particular state.
Mr. BARTON (New South Wales).-We have provided in this Constitution for the exercise of the rights of
citizenship, so far as the choice of representatives is concerned, and we have given various safe-guards to
individual liberty in the Constitution. We have, therefore, given each resident in the Commonwealth his
political rights, so far as the powers of legislation and administration intrusted to the Commonwealth are
concerned. Let us consider the position. Before the establishment of the Commonwealth, each subject is the
subject of a state. After the Commonwealth is established, every one who acquires political rights-in fact,
every one who is a subject in a state, having certain political rights, has like political rights in the
Commonwealth. The only difference between the position before the institution of the Commonwealth and
afterwards is that, so far as there are additional political powers given to any subject or citizen, be has the
right to exercise these, and the method of exercising them is defined. So far the right of citizenship, if there
is a right of citizenship under the empire, is defined in the Constitution. Now, each citizen of a state is,
without definition, a citizen of the Commonwealth if there is such a term as citizenship to be applied to
a subject of the empire. I must admit, after looking at a standard authority-Stroud's Judicial Dictionary-that
I cannot find any definition of citizenship as applied to a British subject. No such term as citizen or
citizenship is to be found in the long roll of enactments, so far as I can recollect, that deal with the
position of subjects of the United Kingdom, and I do not think we have been in the habit of using that
term under our own enactments in any of our colonies.
Mr. BARTON.-Yes; but the term has since disappeared, and it disappeared owing to objections from
members of the Convention. I am inclined to think that the Convention is right in not applying [start page
1765] the term "citizens" to subjects residing in the Commonwealth or in the states, but in leaving them to
their ordinary definition as subjects of the Crown. If, however, we make an amendment of this character,
inasmuch as citizens of the state must be citizens of the Commonwealth by the very terms of the
Constitution, we shall simply be enabling the Commonwealth to deal with the political rights of the
citizens of the states. The one thing follows from the other. If you once admit that a citizen or subject of
the state is a citizen or subject of the Commonwealth, the power conferred in these wide terms would
enable the Federal Parliament to deal with the political rights of subjects of the states. I do not think
the honorable member intends to go so far as that, but his amendment is open to that misconception.
END QUOTE
Here we had the decimation of the car industry but the Federal Government for one is more
concerned about homosexuality issues then its core issue to protect the general community from
harm by foreigners and foreign powers. People seem to be more informed by the homosexuals as
to their kind of sex lives they have then about if they are constitutionally permitted to be
Members of Parliament. It must be clear that contrary to what I view treasonous conduct of the
High Court of Australia s44 must be interpreted not to be used against British subjects. But who
cares when politicians sex lives seems to be the priority on their agenda for the world to know.
We lack competent federal politicians (too busy about sex issues) who are unable to
understand/comprehend that concurrent legislative powers for the states finished when the
Commonwealth commenced to legislate on a particular subject matter.
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
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.
p6 16-11-2017 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
END QUOTE
.
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
Where are the Australian labour party priorities to protect workers rights? Well they are more
concerned about sexual issues to be debated then to concern themselves about the constitutional
embedded rights of politicians. And as I understand it the leader sold out the union members
making cosy deals with businesses.
HANSARD 27-1-1898 Constitution Convention Debates
QUOTE Mr. SYMON.-
The relations between the parties are determined by the contract in the place where it occurs.
END QUOTE
And
HANSARD 27-1-1898 Constitution Convention Debates
QUOTE Sir EDWARD BRADDON (Tasmania).-
We have heard to-day something about the fixing of a rate of wage by the federal authority. That
would be an absolute impossibility in the different states.
END QUOTE
And
HANSARD 27-1-1898 Constitution Convention Debates
QUOTE
Mr. BARTON: If they arise in a particular State they must be determined by the laws of the place
where the contract was made.
END QUOTE
And
HANSARD 27-1-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.-We do not propose to hand over contracts and civil rights to the Federation, and they
are intimately allied to this question.
END QUOTE
While the Commonwealth does have the responsibility for the invalid/disabled and not to forget
the lunatics, etc. you will be pressed to find politicians to be concerned about those issues as
SEXUAL relationship is their priority to debate. The message of love and equality seems to
me to be limited to apply to homosexual issues and not for the disabled returned soldier, the
lunatics, etc. After all just let them rot seems to me the politicians mantra.
Hansard 27-1-1898 Constitution convention Debates
QUOTE
Mr. ISAACS.-Your amendment would not touch the class who are not aliens.
Mr. WISE.-Yes, it would, because the Commonwealth would have no power to pass any law relating
to the immigration of any section of the community unless they were aliens. The Commonwealth
Parliament is to have no power to deal with the movement of population except paupers, lunatics, and
aliens, and under section 52 it is to exercise full powers with regard to any or all of those three classes. All
that is designed by my amendment-and it appears to me that some such power is necessary-is that if the
Commonwealth Parliament undertakes to deal with the movement of population in regard to one or more of
those three classes-paupers, aliens, and lunatics-the persons whose movements are fettered by the Federal
Parliament shall have the right to look to the Federal Parliament for protection, and for the full security that
the Federal Parliament can give. The words of the clause are vague, and not very easily construed. Of course,
if the leader of the Convention prefers it, I will postpone the formal submission of my amendment so as to
give further time for the consideration of the matter.
END QUOTE
http://www.dailymail.co.uk/news/article-5012469/AFP-busy-guarding-Turnbull-s-mansion-drug-
busts.html
AFP has to guard Malcolm Turnbull's $50m mansion because he still lives there
In my view this is a violation of s44 of the constitution for PM Malcolm Turnbull to have an
arrangement with the Australian Federal Police to guard his Sydney Mansion this as it is not and
cannot be his official residence. For that the same with former PM Julia Gillard having bollards
at cost of taxpayers placed at her private property (sold later with a profit).
In my view it is a theft of taxpayers monies to employ Australian federal Police at a private
owned mansion. Constitutionally the official residence must be in Canberra. As such any private
property elsewhere is outside the function of the Australian federal Police. Indeed it is a State
Government judicial area where the Australian Federal Police has no business to be there.
Let us stop the rot and accept there never was any voting by the electors as to amend the
marriage act as at most there was a survey and so in what I view a very questionable manner.
Those who b eat the drums of success may just one day walk behind a hearse to burry someone
who died of medical issues as result of a homosexual relationship achieved by the politicians
promoting homosexual relationships while not care less about those who really suffered.
Mr Howe was the person relentlessly pursuing and so successfully for the constitutional
provisions of invalid and age pensions. He was of calibre to pursue the rights and best interest of
Australians.
This is what I view is missing by the brand of politicians we have. We got rorting, egoistic,
politicians more interested in sexual issues then about the plight of fellow Australians.
In the end I maintain the view that the Federal Parliament lacks the legislative powers to amend
the marriage Act to include homosexuals to be permitted in the concept of marriage. That is what
I have stated all along and well time will tell.
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)