Australia is a Republic

Originally posted by vkturbo
reply to post by guessing

 

I work in the mining industry and that is what they have to adhere to if they don't they lose their lease simple as that.

In a way you are right. But there is economics and it is not that easy to get legislation through that will make a sudden change to the status quo.

So , there will be no government imposed forfeiture without pretty heavy distruptions to the current system

reply to post by Chadwickus


No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory as part of the law of the Commonwealth, of the State or of the Territory.




Her Majesty's representative in each State shall be the Governor.

(2)
Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the State.

(3)
Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.

(4)
While Her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the State that are the subject of subsection (2) above.

(5)
The advice to Her Majesty in relation to the exercise of the powers and functions of Her Majesty in respect of a State shall be tendered by the Premier of the State.


if you take away the power of the governor general from to pass legislation in the name of the queen you are in effect not operating under a monarch but as a country of your own.

Yes we did go to vote on the matter in 1999 that didn't go down too well.

look at the wording of the sections
AUSTRALIA ACT 1986 - SECT 10
Termination of responsibility of United Kingdom Government in relation to State matters

After the commencement of this Act Her Majesty's Government in the United Kingdom shall have no responsibility for the government of any State

AUSTRALIA ACT 1986 - SECT 11
Termination of appeals to Her Majesty in Council

(1)
Subject to subsection (4) below, no appeal to Her Majesty in Council lies or shall be brought, whether by leave or special leave of any court or of Her Majesty in Council or otherwise, and whether by virtue of any Act of the Parliament of the United Kingdom, the Royal Prerogative or otherwise, from or in respect of any decision of an Australian court.

(2)
Subject to subsection (4) below:

(a) the enactments specified in subsection (3) below and any orders, rules, regulations or other instruments made under, or for the purposes of, those enactments; and
(b) any other provisions of Acts of the Parliament of the United Kingdom in force immediately before the commencement of this Act that make provisions for or in relation to appeals to Her Majesty in Council from or in respect of decisions of courts, and any orders, rules, regulations or other instruments made under, or for the purposes of, any such provisions;

in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed.

(3)
The enactments referred to in subsection (2) (a) above are the following Acts of the Parliament of the United Kingdom or provisions of such Acts:

The Australian Courts Act 1828, section 15
The Judicial Committee Act 1833
The Judicial Committee Act 1844
The Australian Constitutions Act 1850, section 28
The Colonial Courts of Admiralty Act 1890, section 6.

(4)
Nothing in the foregoing provisions of this section:

(a) affects an appeal instituted before the commencement of this Act to Her Majesty in Council from or in respect of a decision of an Australian court; or
(b) precludes the institution after that commencement of an appeal to Her Majesty in Council from or in respect of such a decision where the appeal is instituted:
(i) pursuant to leave granted by an Australian court on an application made before that commencement; or
(ii) pursuant to special leave granted by Her Majesty in Council on a petition presented before that commencement;

but this subsection shall not be construed as permitting or enabling an appeal to Her Majesty in Council to be instituted or continued that could not have been instituted or continued if this section had not been enacted.

AUSTRALIA ACT 1986 - SECT 12
Amendment of Statute of Westminster

Sections 4, 9(2) and (3) and 10(2) of the Statute of Westminster 1931, in so far as they are part of the law of the Commonwealth, of a State or of a Territory, are hereby repealed. see that last word of that sentence repealed ( revoked) means no longer. So how are we still a Monarch?

reply to post by guessing


Talking about property rights MINING ACT 1978 - SECT 9
9 . Gold and silver and other precious metals property of the Crown
(1) Subject to this Act —


(a) all gold, silver, and any other precious metal existing in its natural condition on or below the surface of any land whether alienated or not alienated from the Crown and if alienated whenever alienated, is the property of the Crown;


(b) all other minerals existing in their natural condition on or below the surface of any land that was not alienated in fee simple from the Crown before 1 January 1899 are the property of the Crown.


(2) Notwithstanding anything in this Act or any previous enactment the owner, grantee, lessee or licensee of, or other person entitled to, any land to which this section or any corresponding provisions apply, that is not the subject of a mining tenement, is entitled to use any mineral existing in a natural state on or below the surface of the land for any agricultural, pastoral, household, road making, or building purpose, on that land.


[Section 9 amended by No. 12 of 2003 s. 5.]

The other way a government can take land if it really wanted to, even to pass it onto another miner who will pay more say the paperwork was lost and didn't recieve it in time

MINING ACT 1978 - SECT 78
78 . Term of leases, options and renewals
(1) Subject to this Act, a mining lease shall remain in force —


(a) for an initial term of 21 years; and


(b) where application for renewal is made in the prescribed manner during the final year of the term of that lease or if section 111A(1)(d) applies, as from the expiry of the preceding term for a further term of 21 years, as of right but subject in respect of that further term to the provisions of this Act and the regulations thereunder as in force on and after the date of renewal.


(2) Subject to subsection (1), the Minister may, from time to time upon receipt of an application made in the prescribed manner, renew or further renew a mining lease for successive terms but so that no such term exceeds a period of 21 years.


(3) If an application for renewal is made under this section and the term of the lease would but for this subsection expire, that lease shall continue in force in respect of the land the subject of that application until the application is determined.


(4) If, after an application for renewal is made under this section —


(a) the holder of the mining lease transfers the lease; or


(b) where there are 2 or more holders of the mining lease, a holder transfers the holder’s interest in the lease,


the application continues in the name of the transferee of the lease or interest as if the transferee were an applicant or one of the applicants, as the case requires.


[Section 78 inserted by No. 100 of 1985 s. 53; amended by No. 1 of 1986 s. 5; No. 57 of 1997 s. 89(3); No. 17 of 1999 s. 14.]

If you want to look into property rights from what I have seen and heard Queensland is the worst for stripping your rights away.

reply to post by vkturbo


As a tenement holder of a ML. I can assure you it is not that easy for anyone to steal it from under you.


Look into Plaints. Big business in this practice.I do not agree with it. Needs to be a very good reason and takes a very long time to go through the courts.

Hows this for Queensland property act

15A Rights of aliens
(1) An alien may take, give, buy or sell property as if the alien
were an Australian citizen.
(2) The application of succession laws to a person is not different
merely because the person is an alien.
(3) This section does not entitle an alien to any right as an
Australian citizen other than a right given by this section.
(4) In this section—
property means any interest in real, personal, movable or
immovable property.

(1) All tenures created by the Crown upon any grant of an estate
in fee simple made after the commencement of this Act shall
be taken to be in free and common socage without any
incident of tenure for the benefit of the Crown.

This is the biggest one in the Quensland act
(5) Despite this section, where the Crown, or it is made to appear
to the Minister that the Crown, has a right to any property, by
escheat or devolution or as bona vacantia, on the death
intestate of any person, whether the death occurred before or
after the passing of this Act, the Minister, upon application
being made for the waiver of that right, may by gazette notice
waive such right on such terms (if any), whether for the
payment of money or otherwise, in favour of any 1 or more of
the following persons, whether belonging to the same or to
different classes—
(a) any dependants, whether kindred or not, of the intestate;
(b) any other persons for whom the intestate might
reasonably have been expected to make provision;
(c) any persons to whom the State would, if the State’s title
had been duly proved by inquisition, have the power to
grant such property;
(d) any other persons having in the opinion of the Minister a
just claim to the grant of the property;
(e) the trustees of any person as mentioned in paragraphs
(a) to (d);
as to the Minister seems reasonable.

(11) Despite this section and that because of the death intestate of
any person the State has a right to any property of that person
by escheat or devolution or as bona vacantia the public trustee
shall have and shall be deemed always to have had the same
power—
(a) to obtain from the court or otherwise under the Public
Curator Act 1915 or the Public Trustee Act 1978
authority to administer the estate of such person; and
(b) to deal in due course of administration with the estate of
such person;
as the public trustee has in a case where the State has no such
right.

reply to post by guessing


Yeah i do remember Rio and another miner going at it because Rio let a renewal slip one was a big contributor and the other was small time who put in for the lease due to the lapse of renewal guess who won

Vkturbo is 100% correct in their argument.Australia became a independant in 1919,under King George V after the formation of the now failed League of Nations,this was the foundation and building block of the current U.N.
The 2007 Mandamus does exist,I helped write it.I have it here in hard copy and you are not getting it! Australia is a registered Corporation under the Universal Commercial Code and this registration be found quite easily, if you can be bothered to look for yourselve's. It is in public domain,hidden in plain sight.

Originally posted by 13th Zodiac
The 2007 Mandamus does exist,I helped write it.I have it here in hard copy and you are not getting it!

Hey, I have one also, and I also helped write it! Remember how I had to correct all your spelling mistakes. It was hard to read your writing with the multi coloured crayons you used.

Australia is a registered Corporation under the Universal Commercial Code and this registration be found quite easily, if you can be bothered to look for yourselve's.

Wrong again, I had it deregistered, and have the certificate here to prove that. You are not getting it!

reply to post by spoor


You take something to court and try and claim certain parts of the constitution you will be told that it doesn't count anymore. Yes we did have a referendum on it and we said no but the Australia Act was supposed to have a mandate and the people were bypassed and this was bought in. Every party is a registered business and can be found on the Dunn & Bradstreet website under ABN business search all that is listed can be found there.

Don't be fooled in the eyes of the UN we are a republic we need to be for them to work we all think we are still a monarch but the Australian Act killed that and the worst thing is no one has said anything about it either.