Question 4:

Application of Section 108 of the Commonwealth of Australia Constitution Act concerning the validity of the saving of State Laws within the Commonwealth of Australia.

Answer 4:

The Commonwealth of Australia Constitution Act July 1900 UK/PGA made the laws of the Colonies subject to the limitation of that Constitution Act (s.2)(s.9)(s.14)(s.55)(s.58)(s.59).  Every law that continued in force (s.60)(s.62) in the Commonwealth of Australia became subject to the Constitution Act and the Constitution of Clause 9 of the Act.  The Constitution Act as a whole is to be held in total as a founding document (s.2)(s.3) of the Commonwealth of Australia and not just the Constitution at Clause 9 of the Act.

It is very clear in Section 108 (s.60) that the laws in force in the colonies that related to the Commonwealth of Australia would stay in force (s.62) and were subject to the Constitution when they became States of the Commonwealth of Australia.  Clause 5 (s.59) of the Commonwealth of Australia Constitution Act would define the states being obligated to that line of authority (s.2).

Laws that were not related to or outside of the scope of the Constitution of the Commonwealth of Australia at Clause 9 of the said Act would not be carried forward when the colonies became States of the Commonwealth (s.64)(s.68)(s.70)(s.71)(s.56).

The custom of the English (s.14)(s.16)(s.18)(s.23)(s.27) in Anglican Protestant Christianity (s.49)(s.50)(s.51) founded the Commonwealth of Australia through Debates of Federation wherein they ensured that the blessing of Almighty God (s.2) was defined in the Preamble to the Commonwealth of Australia Constitution Act July 1900.  The Laws of England (s.55)(s.67) became the birthright (s.17) to the people of the Commonwealth of Australia under that blessing (s.2)(s.25) being the Land Claim (s.25)(s.26)(s.28) sealed by Australian Imperial Forces (s.25) at the Treaty of Versailles in 1919 (s.96)(s.99) where land borders to the Commonwealth of Australia were defined in International Waters.

It was the people of the Colonies that decided at Debates of Federation to become an indissoluble and united Federal Commonwealth of Australia (s.2), and not the states themselves.  The people have defined a singular body politic (s.58) at which the States lost their Great Seals of the Colonies (s.90)(s.91) to be replaced with Public Seals (s.90) with the people as sovereign under an Australian Monarchy (s.25)(s.83)(s.87).

The power conferred by the Constitution at Clause 9 of the Commonwealth of Australia Constitution Act gave the states specific powers to alter, or repeal (s.60) in respect of any law the Colony had until the Colony became a State yet still restricted that to the limitation of the Constitution at Clause 9 of the said Act.

Common Law (s.70)(s.71) is built up in the precedence of the judicial decision over time and not by the Parliament through Legislature under a Public Seal (s.90)(s.91).  The Commonwealth of Australia Constitutional Law may only be changed with the peoples consent, with the Parliament of the Commonwealth under the Public Service Act 1902 defining the beginning of the Administrative Division, Professional Division, Clerical Division and General Division.  These departmental structures seem to have been shut down completely in 1971 when the Office of the Prime Minister was shut down and replaced with the Prime Minister and Cabinet (s.108)(s.109).

Conclusion 4:

What includes therefore excludes by defining that which is included.  Secondly, that which separates is therefore separate by defining that separation.

Colonial laws that were not within the powers given by the people to the Commonwealth of Australia Constitution at Clause 9 of the Commonwealth of Australia Constitution Act July 1900 UK/PGA were not carried forward by the Colonies upon becoming States of that Commonwealth (s.60).

The States became restricted in accordance with the Commonwealth of Australia Constitution Act including the Preamble (s.2)(s.3) setting line of authority in the Preamble to the Act and in Clause 5 (s.59) ensuring that line of authority to be held within the States of that Federation.

The States became Public Entities (s.90) to the body politic of the people (s.58) being the Commonwealth of Australia.  The Constitution does not define the rights of the people it is formed out of the people’s right to constitute in a Federal Commonwealth under the Blessing of Almighty God hence the term God given rights.

The judiciary of the States is to uphold the Common Laws under the Great Seal of the Commonwealth of Australia (s.83)(s.87).  The Constitution and Letters Patent were very clear on the title of office and the issuance of the Great Seal of the Commonwealth of Australia (s.87) which remained in use until 1973 (s.88).  It is also very clear that the States became the Public Service under the Public Seals (s.90)(s.91) of the States making all Public Act and Record the jurisdiction of all Public Servants and not the Private Subjects of the Crown.

It becomes clear when you read Anderson v Commonwealth 1932 (s.101) that the people of the Commonwealth of Australia are in the private under the blessing of Almighty God (s.2). In the biblical context Sons of the Commonwealth with inheritance of the Will of the Holy Father and the States delivered by the shorthand to that unity (s.102).

When you look at NSW v Commonwealth 1923 (s.97) in conjunction with Anderson v Commonwealth 1932 (s.101), it becomes clearer that the States are clearly defined as being part of the Commonwealth of Australia ‘traditio brevi manu’ (s.102) to the people as the Commonwealth of Australia at law (s.2).

The people of the Commonwealth are obliged to the Common Law (s.70)(s.71) as defined in the Judiciary Act 1903 and not the legislation being Public Act and Record of the States and/or the Commonwealth which are for the regulation of the Public Servants of both State and Commonwealth.