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Article #720

Re: the s126 furphy

#720
From: Alan Luchetti
Date: Sat, 30 Oct 1999 00:00
57 lines
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Trevor Calder <trevorREMOVE@THISiinet.net.au> wrote ...
> Robert Moldenhauer (persia@persia.com) wrote ....

> >Ok, the big vote is coming up, how's every voting?  Republic or
> >monarchy?

> That has nothing to do with it.

Do tell.

> Look at section 126.
>
> Vote "Yes" and say goodbye to the States........

Staggeringly spot-off bush lawyering.  Here's what the
explanatory memorandum says about the insertion of s126 --

 "13.88  Item 41 uses the spare section available to enact
in the Constitution a provision stating that the Constitution
of the Commonwealth of Australia, and all laws made under
it by the Commonwealth Parliament, are binding on the
courts, judges and peoples of every State and of every
part of the Commonwealth.  New s.126 is in essentially
the same terms as covering clause 5 of the Constitution
Act (UK)."

s126 is as follows --

"126  Operation of Constitution and laws
  This Constitution, and all laws made under it by the
Parliament, shall be binding on the courts, judges, and
people of every State and of every part of the
Commonwealth, notwithstanding anything in the laws
of any State."

cl.5 of the Constitution Act (UK) is as follows --

"SECT 5
Operation of the constitution and laws

  5. This Act, and all laws made by the Parliament of the
Commonwealth under the Constitution, shall be binding on
the courts, judges, and people of every State and of
every part of the Commonwealth, notwithstanding anything
in the laws of any State; and the laws of the Commonwealth
shall be in force on all British ships, the Queen's ships of
war excepted, whose first port of clearance and whose
port of destination are in the Commonwealth"

This s126 scare story is right up there with the Weimar
Republic and ON's 'if you vote YES, your backyard will
be subject to native title claims'.

  alan
   L
  \-/
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From: "Alan Luchetti" <luchettii@hotmail.com>
Subject: Re: the s126 furphy
Date: 1999/10/30
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