Question 3:

Application of Clause 5 of the Commonwealth of Australia Constitution Act regarding the validity of the operation of the line of authority within the States of the Commonwealth of Australia.

Answer 3: 

The States being former colonies had their borders repealed (s.68) into the greater body (s.58) of the Commonwealth of Australia by unity (s.2) of the People.  This unity turned what was formerly a colony into a Public Entity and State of the Commonwealth.  The States were not States until this unity took place and was enacted on the 1^st January 1901.

The States formerly under Great Seals of the Colony (s.90) were relegated to Public Servants and Public Entities with the Great Seal of the Commonwealth of Australia (s.87) issued under Letters Patent 1900 (s.83) being the greater seal to their public or lower seal counterparts (s.90)(s.91).

Clause 5 (s.59) of the Constitution Act is used to open a door to request and consent from the Parliament of Great Britain (United Kingdom of Great Britain and Northern Ireland) effectively requesting a foreign power post Imperial Conference 1926 (s.99) and Statute of Westminster Act 1931 (s.100).

The Statute of Westminster Adoption Act 1942 (s.104) changes the way we look at Her Majesties Ships of War and is post dated by John Curtin after Robert Menzies declaration of War (s.103) that occurred within one to three hours of the British Prime Minister Neville Chamberlain at 11:15am on the 3^rd September 1939. The Act repeats what was already done by Statute of Westminster Act 1931 (s.100) and reaffirms the Governments position that it can make request to Great Britain, a now foreign power to the Commonwealth of Australia post Imperial Conference 1926 (s.99).

Robert Menzies model to turn the Commonwealth of Australia into a Republic (s.119) undermining the Line of Authority of the Australian Crown and Sovereignty is followed by successive Prime Ministers and the Federal Executive Council post changes to the Commonwealth of Australia into the entity Australia in 1973 (s.88).  Lowering of the Admiralty Ensign and the consecration of the Australian White Ensign by Roman Catholic Chaplain in 1967 (s.108) is followed by the closing of the Prime Minister Office in 1971 (s.109) demonstrating a foreign faith infiltrating the Australian Crown.

John Howard (s.39)(s.40) is very open about this model in his book Lazarus Rising published October 2010  and  was very open about this in the Parliament (s.40) where he attempted to address a new Head of State all of which is defined as an Act of Treason under King v Casement 1917 (s.39).

Upon the unity of the Federal Commonwealth of Australia (s.2), the Oath of Allegiance detailed in the Schedule (s.4) to the Constitution at Clause 9 of the Act applied to the States of the Commonwealth, with Clause 5 (s.59) defining very clearly that not only the Constitution Act, but the Constitution at Clause 9 of the Act are binding on every State of the Commonwealth of Australia including their courts, judges and people regardless of any State Law (s.60), Public Act or record or judicial record (s.62) and is in force throughout the Commonwealth of Australia and on Her Majesties Ships of War whose port of clearance was within the Commonwealth of Australia (s.59).

The Oaths Act 1867 (s.36) applicable in Queensland defining Oath of Office at which was written before the Commonwealth of Australia Constitution Act was repealed in the Promissory Oaths Act.  Oaths to the Monarch must be in-line with the Commonwealth of Australia Constitution Act July 1900 UK/PGA (s.4).  The Statute of Westminster Act 1931 (s.100) severed British Rule over the Commonwealth of Australia, and in Imperial Conference 1926 (s.99) did sever the Realm of Britannia allowing the Commonwealth of Australia to be its own Realm of God (s.25)(s.26) under the Holy See of Australia formed in 1836 (s.95).  The Shrine of Remembrance in Melbourne’s Kings Domain (s.25)(s.26)(s.28) is evidence of the anchoring of this Realm to the Earth to forge Holy Ground (s.26).

The Line of Authority (s.2)(s.3)(s.4)(s.7)  is defined through Oath to the Sovereign (s.2) as Supreme Head (s.8) of the Crown Estates (s.16).  All Authorities into the Commonwealth of Australia are defined through the Oath in the Schedule (s.2) to the Constitution.  Clause 5 (s.59) of the Constitution Act ensures that Line of Authority is upheld by the States of the Commonwealth of Australia.

In this creation the former colonies thus became States of the Commonwealth of Australia and the people united in one body politic at which the States became Public Entities, all state laws, powers and constitutions became subject to the federal constitution and the power of referendum. The Constitution limits the Public entities that are the States under Public Acts and are to apply no disability or discrimination to the people of the Commonwealth making this equally applicable to the people as Subjects of the Crown regardless of the State in which they reside.

The King may not rule subjects of a Foreign Country at law (s.7)(s.14)(s.29), and post Imperial Conference 1926 (s.99) and did proclaim to be King of Australia (s.93) which is clearly defined by Kings Domain in Melbourne (s.25), as well as anchor point of Gods Moral Compass (s.26) within the Shrine of Remembrance located in that Kings Domain.  This would effectively change the Preamble to the Commonwealth of Australia Constitution to mean that the United Kingdom of Great Britain and Ireland would mean the Kingdom of Australia. 

The Coronation Train of George VI (s.92) displaying the Coat of Arms of Australia with Federal Red Ensign (s.94) of the King and the Imperial Tudor Crown (s.25) demonstrates the Heraldic Devices of the King of Australia (s.92).  This would then demonstrate the ability to take the Crown in whole (s.54) and not in part, as the Commonwealth of Australia had become its own sovereign entity.

Anderson v Commonwealth 1932 (s.101) further defines the states to be traditio brevi manu (s.102) or delivered in the short hand to the Commonwealth of Australia.  This case is also clearly definitive that a Subject of the Crown, of the King is not a Public Servant and has no right of claim to act in the public and therefore cannot be a Member of the Public merely only residing within the State (s.60), yet not Member to it as the unity (s.2) was within the Federal Commonwealth of Australia limited by the Commonwealth of Australia Constitution Act wherein the Preamble defines that Line of Authority.

Sovereignty in the Commonwealth of Australia comes under the Scheduled Oath of Allegiance (s.2) to the Crown and King (s.25).  The people are the Commonwealth of Australia and not the States. The people cannot be members of the Public under Public Seal, and the States cannot hold body politic and cannot make the people members of a Public Entity at which is the creation of the body politic that is the people.

This then begs the question, what are the States responsible for if they are Public Entities (s.90)(s.91) and Public Servants of the People who are the United Federal Commonwealth of Australia (s.2), and why do Judges not uphold the Line of Authority defined in the Commonwealth of Australia Constitution Act July 1900 UK/PGA.

Conclusion 3: 

The States of the Commonwealth of Australia Constitution Act July 1900 are obligated to a Line of Authority in that Act.  The Act limits the powers of the States and makes them subordinate as Public Servants to the Line of Authority defined in the Preamble to the Constitution Act itself. 

All courts therefore are Federal Courts, being Public Entities of that Commonwealth of Australia. 

The states were delivered by the short hand to the Commonwealth of Australia at the founding of the Constitution of the Commonwealth of Australia by the Commonwealth of Australia Constitution Act July 1900 UK/PGA. 

The People cannot be members of the Public, and therefore are not members of a State being united in a Federal Commonwealth of Australia. The State under Public Seal is a Public Entity and therefore Public Service of the Commonwealth of Australia.  The State therefore is limited to Public Service through Public Acts which are under the jurisdiction of the Common Law and therefore the people that are the Commonwealth of Australia through the Constitution within the Commonwealth of Australia Constitution Act July 1900 UK/PGA.