Constitution of the People Act
By the People and for the Sovereignty of the People.
of the Commonwealth of Australia.
CHAPTER FIVE; THE STATES
106. The Constitution of each State of the Commonwealth shall subject to this Constitution continue as at the establishment of the Commonwealth or as at the admission of establishment of the State as the
case may be until altered in accordance with the Constitution of the State and that;
Quote from Quick
and Garran Commentaries page 930 Note 445;
By the force of the legislative mandate that “the Constitution of each State of the Commonwealth shall,
subject to this Constitution, continue as at the establishment of the Commonwealth” it may be argued
that the Constitutions of the States are incorporated into the new Constitution, and should be read as
if they formed parts or chapters of the new Constitution. The whole of the details of State Government
and Federal Government may be considered as constituting one grand scheme provided by and
elaborated in the Federal Constitution; a scheme in which the new national elements are blended
harmoniously with the old provincial elements, thus producing a national plan of government
having a Federal structure.
All State Constitutions
shall not be altered except in the following manner:
The Proposed Legislation for the alteration of all State Constitutions must be passed by an
absolute majority of each House of the State Parliament and not less than two nor more than six months
after its passage through both Houses the proposed law shall be submitted to the electors qualified to
vote for the election of members of the House of Representatives.
The Head of the State of any State shall issue the writ to initiate a double majority State Referendum and;
(a). If in a majority of the Regions or Districts a majority of the electors voting approve the
proposed law and if a majority of all the electors voting also approve the proposed law it
shall be presented to the Governor for the assent of the Living Souls.
(b). All State Parliaments must hold a State Referendum to alter their Constitutions to delete a Section or add a new Section and the decision of the People shall be the absolute authority over the Federal and State Parliaments.
(c). If the Electors accept the Alteration those words shall be entered into the Constitution.
But if the Electors reject the alteration then the words "shall not" shall be added to the words of the proposed alteration and entered into the Constitution.
The Federal and State Parliaments shall not again, issue the writ to initiate a
double majority Referendum on the same proposed alteration.
Every power of the Parliament of a Colony which has become or becomes a
State shall unless it is
by this Constitution exclusively the absolute authority in the Parliament of the Commonwealth or
withdrawn from the Parliament of the State continue as at the establishment of the Commonwealth or as at the admission or establishment of the State as the case may be.
Each State shall not; provide for the establishment and continuance of
a system of local government
with local government bodies elected in accordance with the laws of
the State and empowered
to administer and to make by-laws for their respective areas in accordance
with the laws of the State.
107b. Each State shall have One Electors Municipal Council and One Electors House of Representatives, each to be constituted in the manner subject to this Constitution. The Head of the State of any State shall have Power, by and with the Advice and Consent of the said Electors Municipal Council and Electors House of Representatives, Accent to all Laws in that State. The Legislation of the State Parliament shall be the only Legislation that is binding on the courts, judges and the people of that State.
All laws, delegated legislation, statutes, regulations and council by-laws shall not be binding on the courts, judges and the people of that State
107c. The Councillors of each Municipality shall be the represenatives of and directly chosen by the Electors, and may then stand for election to be directly elected by the Electors. Councillors shall be members of the Electors Municipal Council and only one Councillor of each Municipality shall sit in Parliament. There are 79 Councils in
107d. Existing Municipal Council Properties shall become the office of the Electors Municipal Council within that Region.
The Municipal Council Properties will also become Depots for maintenance staff and or Contractors for roads and other maintenance workers.
107e. Where there shall be a meeting every month for the Electors to voice their concerns and may also talk to the Governor of that State.
Every law in force in a Colony which has become or becomes a State and relating
to any matter
within the powers of the Parliament of the Commonwealth shall; subject to this Constitution continue in
force in the State and until provision is made in that behalf by the Parliament of the Commonwealth.
The Parliament of the State shall have such powers of alteration and of repeal in respect of any such law
as the Parliament of the Colony had until the Colony became a State.
109. When a law of a State is inconsistent with a law of the Commonwealth the latter shall prevail and the former shall to the extent of the inconsistency be invalid.
Magistrates of the Magistrate Courts and Judges of the Supreme Courts and
courts created by any State Parliament; Shall be appointed by the Governor in Council only.
The position of State Attorney General shall only be appointed by the Governor nor shall the position of State Attorney General be a Member of the Electors Municipal Council or Electors House of Representatives.
The provisions of this Constitution relating to the Governor of a State
and apply to the Governor for the time being of the State.
Governor may appoint a Lieutenant Governor. But position of Premier shall not be created.
But the People, being the Electors, shall be the absolute authority over the Federal and
State Parliaments to repeal any Legislation.
110a. All State Parliaments shall not be another way of referring to the executive Council or the
Governor of each State in right of any State. All State Parliaments or Judicary shall not alter the
terminology which refers to the Executive Council or the Governor that is not consistent with the
Constitution of that State. The Governor is, for constitutional purposes, effectively the
representative of the People in each State Constitution.
Shall be no changes of such terminology contained within any Act.
The State Parliament shall not make any Act that make changes of the terminology in or of any State.
In broad terms, references to the Crown or to her Majesty are changed to references to the Governor
or the State.
The Attorney General shall be a lawyer, to be appointed from time to time by the Governor in each State
for that State, and the Governor General of the Commonwealth for the Commonwealth
and to hold office during the Governors and the Governor Generals pleasure.
The Attorney General shall be the legal representative of the Governor in the Supreme Court, and the
Governor General in the High Court shall have, exercise, and enjoy all the powers, authorities, and privileges.
Shall be subject to Sections; 61 and 75 or 76 or 77 or 78 of the
During any vacancy in the office of Attorney General and during any period for which the
Attorney General is, by reason of his or her absence from the State or the Commonwealth,
illness, incapacity or other sufficient cause, unable to discharge the functions of his or her office,
the Head of State of ... (State Governor) or Head of the Commonwealth (Governor General) shall appoint
a replacement lawyer till the first appointed lawyer can resume the functions of his or her
office of Attorney General.
Nothing in this Constitution shall be deemed to give any Minister of any State or the Commonwealth,
not being the Attorney General the right of audience in any court of law.
Nothing in this Constitution shall be deemed to give any Member of Parliament of any State
or the Parliament of the Commonwealth the right to be appointed a Minister or to hold
the office of Attorney General.
111. The Parliament of a State may surrender any part of the State to the Commonwealth and upon
such surrender and the acceptance of such surrender by the Commonwealth such part of the State
shall become subject to the exclusive jurisdiction of the Commonwealth.
111a. The State Parliament
shall be the only Authority to acquire any property subject to Section 51
(xxxi) of this Constitution. All Title Holders of any properety acquired by the State must be compensated
the full cost of the property of the Title Holders choice and including
cost to move belongings to that property.
After uniform duties of customs have been imposed. A State may levy on imports
or on goods
passing into or out of the State such charges as may be necessary for executing the inspection
laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth
and any such inspection laws may be annulled by the Parliament of the Commonwealth.
113. All fermented or distilled or other intoxicating liquids passing into any State or remaining therein for
use consumption or sale or storage; shall be subject to the laws of the State as if such liquids had been
produced in the State.
114. A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.
not use the military against the residents of any one State or if protesting
States of Australia, against the Government and Parliament that are or have become
dictators or are not consistant with this Constitution.
A State shall not coin money nor make anything but gold and silver coin
a legal tender in payment
of debts. It must be noted however that gold and silver can only be impressed with the quality of money
by Federal legislation. Gold and silver metal can not be made legal tender until it converted into coin;
it can only be converted into coin by Federal legislation.
116. The Commonwealth and all States and Territories of Australia 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.
But no religious group shall incite hate or terrorist activity against any other religion or the
People of or in
No excuses as a purported religious freedom, because s116 was never for this to be used!
Hansard 7-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention)
Sir EDWARD BRADDON (
Dr. COCKBURN.-The Thugs are a religious sect.
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.
The time for religious excuses are over. Religion is as the Framers of the Constitution made clear:
Hansard 7-2-1898 Constitution Convention Debates
QUOTE Mr. HIGGINS.-
"religion is ever a matter between God and the individual; the imposing of religious tests hath been the greatest engine of tyranny in the world."
Therefore, as long as a person practice religion privately without causing any disturbance to another person then this can be tolerated, however if the person seeks to do it in a manner that can or will be harmful to anyone else then it no longer can be deemed to be protected by s116 of the constitution. We have a so called Western society where women are equal to men and we must not under the guise of any religious excuse tolerate any women to be denied the equality. Being it to be denied freely to move about as any other woman, to be covered up in public, etc.
No such religion or any religious group shall use such words;
Believers make war on the infidels who dwell around you. Deal firmly with them.
Know that God is with the righteous.
116b. No Vilification Act shall stop a person from reading from the Bible or Islamic or Muslim
Quer'an that quotes the beliefs and practices of that religion if the defendant is quoting a
objective fact from the Bible or Islamic or Muslim Quer'an.
116c. If any religious group decides justification for a Jihad (war) forcing any other group to
convert to that religion, then the Head of the Commonwealth of Australia shall authorize the
Defense Forces (Military) to defend the People.
116d. Head of State of Australia shall authorise that all riots or Jihad (war) if any damage
occurs shall be willful damage the full cost of that damage payable by that religious group
and attack on a person or attacks on persons resulting in injury as assault or if any death
occurs as murder.
Although this Constitution focuses on a Christian model of spiritual belief,
the acceptance of other religions and beliefs in this the Commonwealth of Australia
shall be a matter between their God and the individual.
An Australian or Aboriginal Living Soul, 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 or her if
he or she were an Australian or Aboriginal Living Soul resident in such other State.
117a. All persons who are:
(i) born in
(ii) natural born or adopted children of an Australian Living Soul;
(iii) naturalized as Australians
are Living Souls of Australia
and shall not be subject to any disability or discrimination except in
accordance with a procedure prescribed by law which complies with the principles
of fairness and natural justice.
118. Full faith and credit shall be given throughout the Commonwealth to the laws the public Acts and
records and the judicial proceeding of every State.
119. The Commonwealth Parliament shall protect every State against invasion and on the application of
the Executive Government of the State against domestic violence.
120. Every State shall make provisions for the detention in its prisons of persons accused or
convicted of offenses against the laws of the Commonwealth and for the punishment of persons
convicted of such offenses and the Parliament of the Commonwealth may make laws to give
effects to this provision.
The "States clause 6" shall mean such of the colonies
of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western
Australia, and South Australia, including the northern territory of South
When a proposed Legislation passed by both Houses of the State Parliament is presented to the
Head of the State of that individual State shall within Seven Days from the Date of it being passed
by that State Parliament, be transmitted by the Head of the State of that individual State to the State
Supreme Court Legislation Drafting Court, to be there enrolled and recorded, and within the
expiration of Fourteen Days from the Day of being enrolled and recorded; shall proceed to question
the Legislation and if the State Supreme Court Legislation Drafting Court decides that the Legislation
is constistent with the Commonwealth of Australia Constitution the Court shall return the Legislation
to the Head of the State of that individual State and he or she shall declare and according to
his or her discretion but subject to this Constitution that he or she assents to the Legislation.
But if before the Expiration of the said term of Fourteen Days from the
Day of being enrolled and
recorded; the Judges of the said Supreme Court Legislative Section, or either of such Judges, shall
transmit to the Head of the State of that individual State a Representation that any such
Legislation or Authority is repugnant to the Commonwealth of Australia Constitution Act, or
State Constitution, or Orders in Council of the Executive Council issued in pursuance of this Act,
then and upon the Receipt of any such Representation, shall suspend the Operation of such
Legislation or Authority until the same has been brought by him, together with such Representation
and amendments the Head of the State of that individual State shall return to the house in which it
originated any proposed Legislation so presented to him or her and may transmit any amendments
which he or she may recommend and the two Houses of Parliament shall deal with
And if upon recommendation by the Parliament of the State a written Notice of such Resolution
shall immediately be transmitted to the Head of the State of that individual State. And the
Head of the State of that individual State shall adhere to such Authority and the Legislation shall
be transmitted to the Judges of the Supreme Court Legislative Section and if the Judges agree,
shall return the Legislation to the Head of the State of that individual State and he or she shall
declare and according to his or her discretion but subject to this Constitution that he or she
assents to the Legislation.
Each State Legislation shall include the clause of Assent;
All proposed Legislation
now passed by an absolute majority of each and both Houses of the
State Parliament and presented to the Head of the State of each individual State for Assent;
he or she shall declare, according to his or her discretion, but subject to the State Constitution and
Commonwealth of Australia Constitution Act. Chapter 01, Section 51, Subsection (number), and
signed by the Head of the State of that individual State by his or her own hand, in plain English with
each letter of the alphabet being easy to read.
This Legislation shall come into operation on a day to be fixed by proclamation of the
Head of the State in Council published in the Government Gazette.
The Living Souls of each or any one State may initiate a Mandate the Head of the State
to disallow any legislation within one year from the assent of the Head of the State of that State and
such disallowance on being made known by the Head of the State by speech or message to each of
the Houses of the Parliament of each or that State and official notice given to the public.
The Parliament shall annul the legislation from the day when the disallowance was made known.
The Living Souls of each or any one Territory may initiate a Mandate the
Administrator of the Territory to disallow any legislation within one year from the assent of the
Administrator of the Territory of that Territory and such disallowance on being made known by the
Administrator of the Territory by speech or message to each of the Houses of the Parliament of
each Territory and official notice given to the public. The Parliament shall annul the law from the
day when the disallowance was made known.