Crimes Act 1914
Part II—Offences against the Government
(1) A person shall not:
(a) do any act or thing with intent:
(i) to overthrow the Constitution of the Commonwealth by revolution
or sabotage; or
(ii) to overthrow by force or violence;
government of the Commonwealth, ; or
of a State or of a proclaimed country
Note by Sam replace with; appointed under
the Commonwealth of Australia Constitution Act
the government of the Commonwealth, of a State or of a proclaimed
(b) within the Commonwealth or a Territory not forming part of the
(i) levy war, or do any act preparatory to levying war, against a
(ii) assist by any means whatever, with intent to assist, a proclaimed
a proclaimed country; or
(iii) instigate a person to make an armed invasion of a proclaimed
(2) Where a part of the Defence Force is on, or is proceeding
to, service outside the
Commonwealth and the Territories not forming part of the Commonwealth,
shall not assist by any means whatever, with intent to assist, any
(a) against whom that part of the Defence Force, or a force that includes
that part of
the Defence Force is or is likely to be opposed; and
(b) who are specified, or included in a class of persons specified,
by proclamation to be persons
in respect of whom, or a class of persons in respect of which, this
Note by Sam; proclamation Shall
be subject to Sections 57 and 58 of the
Commonwealth of Australia Constitution Act.
(3) A person who contravenes a provision of this section shall
be guilty of an
indictable offence, called treachery.
Penalty: Imprisonment for life.
Part II Offences against the Government
proclaimed country means a country specified by proclamation
(4) In this section:
made for the purpose of this definition to be a proclaimed country,
and includes any colony,
overseas territory or protectorate of that country, or any territory
for the international relations
of which that country is responsible, which is a colony, overseas
territory, protectorate or
territory to which the proclamation is expressed to extend.
proclaimed enemy, in relation to a proclaimed country, means an enemy:
(a) of and at war with a proclaimed country, whether or not the existence
of a state of war has
been declared; and
(b) specified by proclamation made for the purpose of this
definition to be an enemy of and
at war with that country.
(5) A proclamation shall not be made for the purpose of the
definition of proclaimed country, or
for the purpose of the definition of proclaimed enemy, in subsection
(4) except in pursuance of
a resolution of each House of the Parliament passed within the preceding
period of 21 days.
Mr Howard and Mr Rudd and if Ms Gillard allows soldiers to remain in any proclaimed
country; have violated 24AA (1a: i) and (1b: i, ii, iii) and Section
and Section 44 below.
Commonwealth of Australia Act
Chapter One Section 44;
44. Any person who--
(i. ) Is under any acknowledgement of allegiance, obedience,
or adherence to a foreign power, or is a subject or a citizen or entitled
to the rights or privileges of a subject or citizen of a foreign power:
shall be incapable of being chosen or of sitting as a senator
or a member of the House of Representatives.
(ii. ) Is attained of treason, or has been convicted and is under
sentence, or subject to be sentenced, for any offence punishable under
the law of the Commonwealth or of a State by imprisonment for one year
or longer: or
(iii. ) Is an undischarged bankrupt or insolvent: or
(iv. ) Is for the Executive Government and
not needed for our cause: or
(v. ) Has any direct or indirect pecuniary interest in any agreement
with the Public Service of the Commonwealth otherwise than as a member
and in common with the other members of an incorporated company consisting
of more than twenty-five persons:
45. If a senator or member of the House of Representatives--
(i. ) Becomes subject to any of the disabilities mentioned
in the last preceding section: or
his place shall thereupon become vacant.
(ii. ) Takes the benefit, whether by assignment, composition,
or otherwise, of any law relating to bankrupt or insolvent debtors: or
(iii.) Directly or indirectly takes or agrees to take any fee
or honorarium for services rendered to the Commonwealth, or for services
rendered in the Parliament to any person or State:
Question Section 45 (iii);
If political party receives any donation would this be; "conflict of interest"
for services rendered in the Parliament?
46. Until the Parliament otherwise provides, any person declared
by this Constitution to be incapable of sitting as a senator or as a
member of the House of Representatives shall, for every day on which
he so sits, be liable to pay the sum of one hundred pounds to any person
who sues for it in any court of competent jurisdiction.
Commonwealth of Australia Act
Chapter One Section 58
58. When a proposed law passed by both Houses of the Parliament
is presented to the Governor-General for the Queen's assent, he shall declare,
according to his discretion, but subject to this Constitution, that he
assents in the Queen's name, or that he withholds assent, or that he reserves
the law for the Queen's pleasure and the Governor-General
shall by proclamation make
to the public.
proclamation Shall be subject to
Sections 57 and 58.