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WITHOUT PREJUDICE The Executive Officer Electoral Matters Committee, 1-7-2011 Parliament House, Spring Street, East Melbourne, Vic 3002 Email c/o mark.roberts@parliament.vic.gov.au Ref; SUBMISSION Supplement 4
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Sir/Madam, I provide this supplement 4 because of the importance to candidates and elections, To canvas relevant issues not addressed in my previous submissions, but before doing so I do wish to make known that as referred to in my previous submissions the application regarding Working With Children, finally was approved on 16 June 2001. In my view if the system cannot even deal within a reasonable time an ordinary application then surely it would be absurd to expect any candidate to apply and obtain such Working With Children card within a matter of days. Hence, for this also it should not be used as a pre-requisite for being a candidate in any (political) election albeit may be used subsequently to a successful candidate seeking to occupy a particular position that may or may likely involve children or for that matter adults who are deemed to be with a mentality of a child such as many disabled persons might be.
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In recent reports it has been claimed that the then councillor of Banyule City Council had allegedly made a commitment of funding of $7,500 if he was to be elected in addition of the $10,000.00 he was permitted (so it was claimed) to use of ratepayers monies to assist him in the election. To me this is what I call bribery as after all when I handed over to a shop keeper items in promoting my person as a constitutionalist, etc, during the Broadmeadows District byelection period the VEC (Victorian Electoral Commission) then advised me that they were considering this to be bribery, this even so reportedly a member of the Liberal Party for Prahran handed out bags (as like I had Toto bags) but somehow this seemed to be of no concern. And as I pointed out in my response to the VEC Cr Anthony Carbine had made statements why to vote for him and listing various amounts of monies and I view this rather was bribery as he was promising monies in return of a vote, albeit after being elected none was provided. In the Olympia Ward election I was recorded in Heidelberg Leader 21 February 2011 to have stated:
QUOTE After Anthony Carbines (ALP) was elected in 2005 there were stiff rate increases. As a constitutionalist I oppose any rate increases beyond CPI as embedded in commonwealth policy to increase pensions as unconstitutional. Craig Langdon (ALP) ignored this. END QUOTE

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I am not aware of any rule that the (Federal) constitution within which in s106 the States were created subject to this constitution then the State of Victoria can disregard the legal principles embedded in the constitution. . Pensions are a federal legislative power and as such the States are bound to observe the legal principles and as such cannot increase their public housing rates, and other fees and charges for pensioners and other welfare recipients beyond the CPI. To do otherwise would mean the State is effectively undermining the Commonwealth legislative powers and that is unconstitutional.
p1 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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2 It is therefore clear that my election campaign was one of Law & Order of proper enforcement of constitutional provisions and not one to promise or otherwise handing out monies of other people!
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As also referred to below (as in previous submissions) I ordered items for the elections from Vista Print which has its head office in The Netherlands but items are ordered on line from Vistaprint Australia. As such within Australias taxation system. I made also clear that I couldnt provide a declaration of electoral spending, etc, because of various issues not having been resolved, such as Banyule City Council criminal conduct to steal electoral material and Hume City Council doing likewise. Both councils so far have failed to provide me with any report of any investigation as it appears they consider themselves above the RULE OF LAW! What is the use for the State Parliament to have legislation for up to 5 year term of imprisonment if anyone of a municipal/shire council can nevertheless interfere with my political rights and entitlements and steal numerous banners/posters, etc? what those in the councils have proven to do is to so to say make a mockery of the legislation thumping their nonsense upon the parliament that they can do as they like under the pretend of law enforcement where they did nothing more but politically targeting me because of my message in my elections to take on the councils and the State government about the CPI issue, etc. As such, this was not merely a random conduct by both councils but a deliberate engineered conduct to seek to prevent me to be elected. To me this is a very serious issue as if councils can get away with this then one can forget about any democratic election because it then will be open to how councils will deal with each election. Again, the number of photos I previously submitted proved that there was no issue as to posters/banners when it came to other candidates., even so they had a plethora of them plastered around, even after election day was already over.
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Because I placed in excess of 20030 orders with Vistaprint besides orders over a period of time prior to this, the fact that vista Print then doesnt supply per order but create numerous invoices as per each order and ship them out in boxes which contains parts of different orders but there is no paperwork setting out what is in each box relating to which order it therefore is like a maze and a paper trail to try to sort out in excess of 1,000 plus invoices and on top of that more then 1,000 invoiced of shipping and further thousands of other notifications what really has been ordered, delivered, charges for and what is still outstanding. Below are two copies of credit vouchers both dated 1 July 2011 which result from orders placed on 1 January 2011! As such a 6 months delay before I have these refunds and that is one being $0,00 VAT (equivalent to GST) nevertheless shows that VAT was applied to some goods which were shipped from other parts of the world whereas those shipped from within Australia had GST on it. As such the $0.00 credit is not meaningless because it rather indicates that the VAT had been applied albeit didnt attract then any VAT payment. And this brings us back to the Customs conduct to demand 10% GST for the items that were forwarded to me. You cannot have GST over VAT, besides that as I made clear the GST is unconstitutional!
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QUOTE Vistaprint Credit Memo with VAT Friday, 1 July, 2011 1:25 AM From: "Vistaprint" <Vistaprint@e.vistaprint.com> To: inspector_rikati@yahoo.com.au Dear Gerrit H,

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Credit Memo with Value Added T ax (Vistaprint) Order Number: p2 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Order Date: 1/01/0001 Credit Date: 1/01/0001

Vistaprint, B.V. Hudsonweg 8 5928 LW Venlo, The Netherlands Ship To:

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Bill To: Credit Details Refunded on: 1/01/0001

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Order | Credit -----------------------------------------------------------------------------Price VAT S / H VAT Product VAT S / H VAT VAT % ---------------------------------- |-------------------------------------------

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Product Amount Credited: $0.00 Product Tax Credited: $0.00 Shipping Credited: $0.00 Tax Credited For Shipping: $0.00 Total Amount Credited: $0.00 Total Tax Credit: $0.00 If you have any questions don't hesitate to email customer care - customercare@vistaprint.com.a

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*Items printed in the United States incur no Value Added Tax. These items are provided by Vistaprint Ltd., Hamilton, Bermuda. END QUOTE QUOTE Your Vistaprint Refund Confirmation Friday, 1 July, 2011 1:27 AM From: "Vistaprint" <Vistaprint@e.vistaprint.com> To: inspector_rikati@yahoo.com.au Dear Gerrit H, This message is to confirm a refund has been issued by Vistaprint. Refund Details: Order Number: P0QHN -TA053-7S8

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Refund Amount: $20.35 Refund Date: 30/06/2011

Please note that the refund will appear on your credit card statement in the next one to two billing cycles.

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This message was automatically generated upon a refund being issued for your order. Thank you for shopping with us. We appreciate your business and look forward to serving all of your printing needs.

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Sincerely, p3 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Lori Holt Director of Customer Benefits END QUOTE
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I noted that in correspondence dated 17 June 2011 Ross Millard , Manager Investigations of the Local Government Investigations and Compliance Inspectorate demanded that by 30 June 2011 I provide a required Campaign Donation Return was to be filed and failing this he would without further notice institute legal proceedings.
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Now, lets have a look at what may constitute donations? .

QUOTE Heidelberg leader 21-6-2011 http://leader.newspaperdirect.com/epaper/viewer.aspx According to council laws, Mr Carbines was allowed to spend $10,000 of

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his $20,000 ward fund because he was campaigning for the election. END QUOTE

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It seems that Banyule City Council and perhaps most other councils also because of the article shown below relating to guidelines set by council and as such other councils may have applied the same of councillors using ratepayers monies to advance themselves to a better position in an election. Now, clearly as His Honour David Ashton-Lewis the former Fiji High Court judge and current constitutional lecturer made clear is that municipal councils can only charge for essential services and as such clearly no councillor can charge for a spending spree for any councillor entering into an election. This is to me a gross abuse and misuse of ratepayers monies and designed nothing but to advance the position of a sitting councillor above that of any other candidate in the same election. The question then is to be asked was this a legal form of expenditure for a council, which I hold is not, and also should then former councillor of Banyule City Council and any other councillor who was standing as a candidate in an election have declared this kind of donation? I have opposed for years for councillors to be able to play so to say Santa Claus with the ratepayers monies. Indeed even more where they were spending it on non-essential services issues such as for a private business, etc.
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QUOTE Heidelberg Leader 21-6-2011 http://leader.newspaperdirect.com/epaper/viewer.aspx

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Cash pledge made to impress: Langdon A BANYULE councillor has accused Ivanhoe state Labor MP Anthony Carbines of attempting to overspend his ward fund allocation to impress voters before the last state election. Cr Craig Langdon said former councillor and Olympia Ward predessor Mr

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Carbines allegedly pledged $7500 more than his designated ward allocation fund to a community group. According to council laws, Mr Carbines was allowed to spend $10,000 of his $20,000 ward fund because he was campaigning for the election. p4 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Mr Carbines defeated Cr Langdon for preselection to run for the Ivanhoe seat at the last election while he was still a councillor. Cr Langdon claimed Mr Carbines verbally promised $7500 to Heidelberg West Neighbourhood Renewal and a masterplan of the

Olympic Leisure Centre. When I became a councillor, council officers told me that Mr Carbines had pencilled in the funding, Cr Langdon said. I felt like I had to honour what he had promised. But Mr Carbines said there was no evidence he overspent his ward fund

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allocation. I dont know what he is talking about, Mr Carbines said. All expenditures from my ward fund met the guidelines set down by the council and was supported in an open council meeting by all councillors.

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When the Heidelberg Leader asked the council if the allegation was true, Mayor Peter McKenna stated that at the time of Mr Carbiness resignation from the council, the unallocated balance in the Olympia Ward fund was $10,000.63. When the Leader asked if Mr Carbines had promised the cash, the

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council refused to comment and directed questions to Mr Carbines. Rebecca Olsen, place manager for Heidelberg West Neighbourhood Renewal, also refused to comment, saying it was a council issue. END QUOTE
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In my view there should be a register with every election as to the promises of each candidate so that this kind of I consider deceptive conduct no longer can continue. One cannot claim we have a democratically elected Parliament when it turns out that those who were sitting councillors can use ratepayers monies for promoting themselves with elections. They also can use their council provided mobile phones, stationary, printer, computer, facsimile facilities, etc. Well to me this is not a democratic kind of election where merely because someone already hold some position, being it in any parliament or council then the person can gain advantage over any other candidate. This is also why the square above the line is unconstitutional because the Framers of the Constitution held that even the poor should be able to attain high offices and be elected and this clearly is prevented in the way the current system operates.
p5 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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6 While I noted that in correspondence dated 17 June 2011 Ross Millard, Manager Investigations of the Local Government Investigations and Compliance Inspectorate refers to section 62 of the Local Government Act 1989 to me this section is just meaningless regardless what it may state because way back on 19 July 2006 the County Court of Victoria, after a 5-year epic legal battle, in which I comprehensively (unchallenged) defeated the Crown on more then 50 constitutionally issues I raised the very issue as to the validity of anyone being elected to the parliament, the validity of what it termed local government, etc. As such, the moment litigation were to be instituted against me, something I am not aware of was done so far, I can rely upon the past court ruling and entitled to have the benefits of that ruling in total. Meaning that where I challenged the validity of the Local Government Act 1989 previously then it is immaterial what s62 may stand for.
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In my view it would have been far better had the lawyers then involved in the case way back in 2006 consulted me as to how to address the numerous constitutional issues so as to have it appropriately attended to.
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Ross Millard also refers to Regulation 115 of the Local Government (Electoral) Regulations 2005 and obviously if there is no such constitutional validity in municipal/shire councils being a Local Government then any electoral provisions are by this also a nullity because the Regulations refers to a constitutional non-existing entity.
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Because I was involved in 3 different elections but most material was spread over the 3 different elections then this makes it even more problematic because are items re-used for a different election to be considered a donation even so they were intended for another election held only recently before it? Can one then declare twice or three times the same items as a donation as if one had three times the value of actual donations?
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Again, the Crown previously unsuccessfully litigated against me for some 5-years and being comprehensively defeated and as such one would think that instead of taking me on as some enemy it would have been far better to seek to call in my assistance because obviously I didnt defeat the Crown in electoral issues merely because I liked to do so but because on basis of law I proved to be correct in law. It is because I am a CONSTITUTIONALIST I have a wealth of knowledge most lawyers may never gain during their entire life to practice law. Their biggest drawback being educated by those who themselves never understood or comprehended the true meaning and application of the constitution.
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It seems to me that the State government would do better so to say to redeploy Ross Millard and have him chasing municipal/shire councils for wrongly spending ratepayers monies. Many a ratepayer being in severe hardship and some even committing suicide and yet there seems to be no one bothering to stop this rot despite of my campaigns for this.
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The same with the unconstitutional State land Taxes, the State of NSW claimed it was legislative powers returned to it just failed to show how this was possible within the framework of the constitution!
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This is a problem when you get lawyers and others sitting in the Parliament (State and/or Federal) who think they had some legal training then somehow are experts on the RULE OF LAW even so they know next to nothing what is constitutionally applicable and permissible. Just consider what will happen if finally the states discover that the State Land Taxes they claimed for more then 50 years all is to be refunded to those who paid it! No State could financially have this kind of cost against it yet at the moment not a single State Government has bothered to seek to enlist my assistance to address this issue.
p6 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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7 It is well known that when a hacker illegally accesses major corporations by special skills then the FBI and even computer companies seek to enlist their assistance to combat crime. I am doing the opposite as to seek to bring Governments accountable to act and operate within the RULE OF LAW. When one looks at the reported $12 million dollars the Federal Government intends to spend on advertising for the Carbon Tax/ETS even so it is not a federal legislative power then one may wonder what kind of credibility have State Members of parliament that they ignore to act against this?
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power?

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Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry. END QUOTE
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Well, when is there a sentry in the State parliament when not a single State Member of Parliament has a clue what is constitutionally applicable and permissible? Yet because other Members of Parliament dont know then those who are claiming to be lawyers can so to say run rings about others and they are all taken by the nose. What is needed is an OFFICE-OF-THE-GUARDIAN (Dont forget the hyphens!), a constitutional council that advises the Government, the People, the Parliament and the Courts as to what is constitutionally applicable and permissible. The mere fact that I defeated the crowns lawyers ongoing itself ought to underline that I must have proved myself to have been more knowledgeable on constitutional matters then any of the lawyers involved was! Regretfully as Anastasia during the weekly SkidRow hour on Thursday 30 June 2011 so much made known that when someone goes to court about the constitution the judges/magistrates will say that the constitution has nothing to do with it. Well I got news for them because if it aint within the constitutional framework it is ULTRA VIRES! As such no judicial officer can disregard constitutional provisions and limitations because their very position is depending upon the application of the constitution and not in despite of it. I do not seek to litigate about electoral or other matters but I am so to say not one to run from a litigation fight and again proved to defeat hordes of lawyers in the process.
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We simply have no competent Members of Parliament who understand/comprehend what is constitutionally permissible and so whatever elections are about we certainly are getting anything but what we should be having.
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When the maritime dispute involving Patricks was eventuating in about 1999 not a single person involved seemed to understand that this was a federal issue and the Commonwealth had the legislative powers to deal with maritime workers. When it came to WorkChoices we had the High Court of Australia somehow validating this even so it was unconstitutional and in my book:
INSPECTOR-RIKATI on IR WorkChoices Legislation (Book-CD) A Book about the Validity of the High Courts 14-11-2006 Decision ISBN 978-0-9751760 -6-1 ------------------------------------------------------------------------------------------------INSPECTOR-RIKATI on IR WorkChoices Legislation (Book-B&W) A Book about the Validity of the High Courts 14-11-2006 Decision ISBN 978-0-9751760 -7-8 p7 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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---------------------------------------------------------------------------------------------------INSPECTOR-RIKATI on IR WorkChoices Legislation (Book-Colour) A Book about the Validity of the High Courts 14-11-2006 Decision ISBN 978-0-9751760 -8-5
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I did expose how the High Court of Australia had concealed relevant details of its judgment of the very transcript it referred to that showed that WorkChoices was contrary to the intentions of the Framers of the Constitution.
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Where is the competence of State Members of Parliament when they havent got a clue what is constitutionally applicable and permissible?
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Hansard 31-1-1898 Constitution Convention Debates QUOTE

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Mr. SYMON.-That is another reason. When the last maritime engineers' strike took place it began either in Melbourne or Sydney. Mr. HIGGINS.-Where did it end? Mr. SYMON.-In some place. Mr. HIGGINS.-In two colonies.

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Mr. SYMON.-It never took place in South Australia. Mr. HIGGINS.-It ended in the same places where it occurred-Melbourne and Sydney-and how could the Victorian law deal with that? Mr. SYMON.-Does my honorable friend, who is one of the most profound and acute lawyers in Australia, really put a question like that to me? The Victorian law did deal with that strike and every incident of it. The Victorian law could not bring these people together, and metaphorically knock their heads together, which would perhaps have been the best thing to do; the Victorian law did not say Come together and let us reason out the thing." No power in the world can do that. Mr. BARTON.-It is the original dispute and not the subsequent strike which requires to be settled.

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Mr. SYMON.-A strike is the outward and visible sign of the real dispute between these parties. I appreciate the reference made by the honorable member (Mr. Dobson), but I think be must see that a maritime strike is like any other strike. The relations between the parties are determined by the contract in the place where it occurs. The maritime law of England governs all Australia; the Merchant Shipping Act, with some local modifications, is applicable everywhere, and [start page 193] there is no more difficulty in dealing in each port with a maritime strike than there is in dealing with any other strike. The point here, as the honorable member (Mr. Barton) has remarked, is the original dispute. How are you to deal with that? How are we to deal with the two bodies who join in the conflict? What is a court of law to do? An HONORABLE MEMBER.-How does a court of law do anything at present? Mr. SYMON.-My honorable friend knows that if a striker strikes a free labourer, or vice versa, and that goes to a court of law, you can deal with it by the instrumentality of the court of law.

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Mr. JAMES.-The honorable member was saying that we should leave the parties to settle the disputes their own way. We do not allow masters and servants to do that in every case. Mr. SYMON.-You allow them to settle their disputes in their own way by law. Sir JOSEPH ABBOTT.-The defendant never wants to go to law.

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Mr. SYMON.-Of course not. I do not suggest that we should resort to the primitive method of settling disputes by fisticuffs or trial by combat. p8 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Dr. COCKBURN.-Strikes are almost as barbarous. We want to settle disputes by a less barbarous form. Mr. SYMON.-Will my honorable friend tell me, first, how he is going to settle the dispute which has produced the strike; and, secondly, what possible benefit it will be to remove this from the local jurisdiction, and to hand it over to the federal authority? My view is that it is purely a matter of domestic concern, that if we hand it over to the federal authority we shall be introducing greater difficulties than we could even hope to cure, and that it will be an invitation to mischievous men-it may be on the other side, but we are not touching that question now-to increase and extend the area of the strike in order to bring about something like civil war. That is a prospect which I dread, and I trust that honorable members will not allow a mere feeling of sentiment, the pleasure of seeing the word conciliation" in this Bill, to lead them away from the practical issue of how they are to justify the federal authority being intrusted with this great power. END QUOTE
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The following quotation must also be read not in the content of increase of judges but how the government of the day seeks to influence the judiciary for the sake of scoring a better political result. We even had that reportedly the wife of the former Attorney-General knowingly concealed evidence from the court and by this ensured a innocent person to be convicted. To me this is totally unacceptable and shows that the Attorney-General lacked any understanding as to ensure that any prosecutor is aware what the function of a prosecutor is. It is not to score convictions but to present before the Court all relevant evidence, even those against his client so that the court (with or without a jury) can then make an informed decision as to the innocence of guilt of the accused.
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Foster (1950) S.R. (N.S.W.) 149, at p151 (Lord Denning, speaking on the role of an advocate) QUOTE As an advocate he is a minister of Justice equally with a judge, A Barrister cannot pick or choose his clients...He must accept the brief and do all he honourably can on behalf of his client. I say 'All he honourably can' because his duty is not only to his client. He has a duty to the court which is paramount. It is a mistake to suppose that he is a mouthpiece of his client to say what he wants: or his tool to do what he directs. He is none of those things. He owes his allegiance to a higher cause. It is the cause of truth and Justice. He must not consciously misstate the facts. He must not knowingly conceal the truth. He must not unjustly make a charge of fraud, that is, without evidence to support it. He must produce all relevant authorities, even those that are against him. He must see that his client discloses, if ordered, all relevant documents, even those that are fatal to his case. He must disregard the specific instructions of his client, if they conflict with his duty to the court. END QUOTE
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Appointing a lawyer as Attorney-General who is not a constitutionalist and as such is a so to say a dummy who cannot appropriately advise the Governor as to if a Bill passed through both Houses of Parliament is actually within the bounds of the State constitution then we do have a very serious problem on our hands. What we then have is that the law runs amok enforcing purported legislated provisions and causing innocent people to be even jailed whereas if someone competent was Attorney-General who understood and comprehended what is constitutionally permissible then the entire conviction may never have eventuated.
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Hansard 31-1-1898 Constitution Convention Debates QUOTE Mr. ISAACS (Victoria).There is no temptation whatever for us to increase or decrease the number of our Judges for political purposes. Mr. FRASER.-No Government dare do it.

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Mr. ISAACS.-Exactly; no Government dare do it. The people would not allow them. If it were suggested for one instant to put an additional Judge on the bench for the purpose of over-riding the decisions of the court upon any particular question, the demand would be refused immediately, and the Government that made the proposal would be expelled ignominiously from office. I wish to point out again, with all the p9 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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force of which I am capable, that the reason for limiting the power in the United States does not exist here; and I trust that when we come to the question of the amendment of the Constitution we shall so frame the provision as to allow the people's will to be expressed without regard to the exceptional method resorted to in the United States of increasing the number of the Judges.

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Mr. SYMON (South Australia).-My honorable friend (Mr. Holder) admits that his reason for this amendment is to guard the Federal Parliament we are creating from its own corruptibility. I say that that is a disgraceful ground upon which to base an argument, and this would be a disgraceful amendment to put in the Constitution for any such reason. We have no right to attribute to the Federal Parliament any such possibility of corruption. An attempt of the kind would, I am certain, result not only in the expulsion of the Government from power, but would produce a revolution. I do not think that the people of this continent would tolerate even the semblance of such corruption. END QUOTE
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In my view no State Member of Parliament should accept let alone tolerate that any court would disregard to appropriately consider constitutional issues! Members of parliament own a duty to their electors to ensure that the judicial system is impartial and acting within the RULE OF LAW and enforcing unconstitutional legislation is not enforcing the RULE OF LAW! What we therefore need as indicated above is the OFFICE-OF-THE-GUARDIAN (Dont forget the hyphens!), a constitutional council that advises the Government, the People, the Parliament and the Courts as to what is constitutionally applicable and permissible. This office then can provide relevant information to every State Member of Parliament as like to anyone else what it deems is constitutionally applicable and permissible. The High Court of Australia will in the end remain to be the ultimate arbitrator in litigation but it will have informed judicial decisions because of the information then available from the OFFICE-OF-THE-GUARDIAN (Dont forget the hyphens!. I am willing to challenge any current Member of Parliament (Federal and/or State) and place them on a test and I can guarantee they all will fail the test no matter how many years of litigation practice anyone may have. After all we wouldnt have this ongoing rot if there was even a single Member of Parliament who knew what I know about constitutional matters because then even a single Member of Parliament could stop this rot.
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We cannot have a State parliament providing for a system like VCAT (Victorian Civil and Administrative Tribunal) using sitting members of a Court who have a sworn oath to act impartially at a Court then also being a Member of VCAT to enforce government policy as a PERSONA DESIGNATA, there is a clear conflict of interest being impartial and so to say a stooge for the Government. Again I comprehensively defeated more then 20 lawyers involved in one case alone where none, I repeat known, seemed to even know what is legally applicable let alone constitutionally! Fancy a County Court judge dealing with 6 contempt hearings in VCAT in the Colosimo case only for me to discover she had never formally charge Mr Colosimo! And even Mr Colosimos former barrister was not aware of this gigantic failure! What we need is a training program for any Member of Parliament so that when they sit in the Parliament to debate and/or vote upon bills they are informed as to what is constitutionally appropriate/permissible!
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QUOTE Thomas Jefferson: "The germ of destruction of our nation is in the power of the judiciary, an irresponsible body - working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.". END QUOTE
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11
Director of Public Prosecutions v Serratore Nos. Ca 40642/95 and Crd 72680/95 Criminal Law and Procedure Statutes - Human Rights - Telecommunications - Law Reform [1995] NSWSC 154 (14 November 1995) QUOTE "It is well established that the Court should not impute to the legislature an intention to interfere with fundamental rights, freedoms or immunities; such an intention must be clearly manifested by clear and unmistakable language: Coco v The Queen [1994] HCA 15; (1994) 179 CLR 427 at 436-437. ... The close link between the fundamental right to be secure against trespass and the right to privacy is illustrated by the observations by Lord Scarman in Morris v Beardmore (1981) AC 446 ... Parliament itself has ... recognised, in the context of telecommunications, the fundamental importance of protecting individual privacy, although also recognising that the value of privacy can be over-ridden where it conflicts with other significant community values, provided that detailed safeguards are observed. The recognition and protection of privacy in the Intercept Act, in my view, justifies a restrictive approach to the construction of the statutory exceptions to the prohibitions on interception. ... where there is a genuine doubt as to whether the statutory language authorises the use of intercept information for a particular purpose, that doubt should be resolved in favour of a narrow, rather than a broad construction of the statutory authorisation." END QUOTE
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Hansard 19-4-1897 Constitution Convention Debates QUOTE Mr. CARRUTHERS: This is a Constitution which the unlettered people of the community ought to be able to understand. END QUOTE
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QUOTE Mr. SYMON (South Australia).That this is not like an Act of Parliament which we are passing. It is not in the position which Mr. Barton has described, of choosing or setting up a code of laws to interpret the common law of England. This Constitution we are framing is not yet passed. It has to be handed over not to a Convention similar to this, not to a small select body of legislators, but to the whole body of the people for their acceptance or rejection. It is the whole body of the people whose understanding you have to bring to bear upon it, and it is the whole body of the people, the more or less instructed body of the people, who have to understand clearly everything in the Constitution, which affects them for weal or woe during the whole time of the existence of this Commonwealth. We cannot have on the platform, when this Constitution is commended to the people, lawyers on both sides, drawing subtle distinctions, which may or may not be appreciated by the people. END QUOTE
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QUOTE -Thomas Jefferson

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The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch. END QUOTE

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HANSARD 11-03-1891 Constitution Convention Debates QUOTE Mr. CLARK: What we want is a separate federal judiciary, allowing the state judiciaries to remain under their own governments. END QUOTE
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HANSARD 1-3-1898 Constitution Convention Debates QUOTE Mr. SYMON.Then, I think myself, some confusion may arise in consequence of the reference to the state in the words "Proceedings to be taken against the Commonwealth or a state in all cases within the limits of the judicial power." Now, it does not appear to me that we ought to interfere in any way with the functions of a state to regulate the proceedings which it, as a quasi-independent political entity, may prescribe for the regulation of its own legal proceedings. END QUOTE p11 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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12 . Now lets test this in electoral matters. The Crown alleged that I had failed to vote and that it could rely upon AVERMENT because of s383 of the Commonwealth Electoral Act. During the 4 August 2005 I defeated the Commonwealth upon this that the Commonwealth had no constitutional powers to interfere with the state judiciary as to dictate averment. Yet, despite that I comprehensively defeated then also the Crown, the State of Victoria nevertheless so to say sat on its hands allowing people time and time to be convicted in State Courts allegedly for failing to vote even so not a single of those conviction could be standing up on constitutional grounds, because AVERMENT cannot be dictated by the Commonwealth upon a State Court. Likewise the Federal Attorney-General cannot dictate to a State court it must issue a warrant, as no matter what Commonwealth may provide for this in the end it is unconstitutional. Likewise the Commonwealth cannot then its Federal Police operating within State boundaries because this invades the sovereignty of the State. There and numerous other issues are well beyond the understanding and competence of any State Member of Parliament because if it wasnt it would not have been tolerated to continue.
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That is why people are become despondent and desperate and soon or later we will have civil war where the people will no longer take it and throw out those who are sitting in Parliament as being unconstitutional intruders and to be replaced with truly democratic elected Members of Parliament.
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People are hurting big time and the nonsense of ever increasing charges in total disregard of what is constitutionally permissible underlines that we have a Parliament out of control where its members are more interested to build a personal wealth then to act as agents for those who voted them in.
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The Framers of the Constitution made clear that any person who would enter Parliament would do this to great financial disadvantage as the financial loss of ordinary income would be considerable. Well, lets us have a look at how many Members of Parliament are financial worse of? It is embedded in the constitution that Consolidated Revenue Funds can only be used to pay for those Members of Parliament who were actually holding a seat in the Parliament and once they leave the seat that is the end of any payments. Well, hello, let us check how many not millions but billions of dollars is being paid out to former Members of Parliament? Now, all they are entitled upon is a certain payment while sitting in the Parliament to compensate them for cost and loss of income. Well, we have Members of Parliament gathering fortunes and when leaving the Parliament are taking a lot of money with them that they are totally out of touch to what really is applicable to ordinary citizens.
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We are on a volcano that is to burst out at anytime and then it will be back to peoples power! I forewarned this before the Sydney riots (only weeks earlier) and I have no doubt it is a mere matter of time before a gigantic eruption occurs because people are sick and tired by the lies and deception of politicians and when elected use any excuse to worm out of their undertakings. In my view what is needed is a total re-organisation how matters are being dealt with.
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What we need is to have competent people in the Parliament who will bother to learn what is constitutionally permissible so they can make informed decisions. After all if the current lot refuses to do so then it may be out with them as then they will no longer have the choice for it.
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Recently I was in Victoria Street Melbourne when I noticed a bus passing me and then cutting in front of me. Later the bus moved out and went in a different lane cutting off other drivers. The lane I was in happen to move faster and so on the freeway I was well in front of the bus doing
p12 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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13 about 80 km/h and yet the bus then came roaring past me albeit it was vacant and on its way to a depot. Now, this kind of dangerous conduct of a bus simply moving in and out of a lane is because there is no proper constrains upon bus drivers, not even when they are on their way to a depot (as his sign showed). The state has basically placed itself above the rights of other citizens, and to me this is a gross abuse of powers. The same with the northern pipeline issue where as I understood it even a landholder was detained. Where were the Members of Parliament to challenge this unconstitutional conduct? Where was the provision for adverse acquisition? You see Members of Parliament seems to be concerned about their own long term interest rather then to stand up and have the guts ands determination to represent their electors. .
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. SYMON.-It is not a law which is ultra vires. END QUOTE
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. SYMON.-Do you think acquiescence would make a law if the law passed by the Commonwealth Parliament was ultra vires?

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Mr. GORDON.-It would until the law was impugned. If the state did not impugn that law it would remain in force. It is a law, and it could be allowed to be valid by the force of acquiescence. END QUOTE
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. SYMON.-It is not a law if it is ultra vires. Mr. GORDON.-It would be law by acquiescence. It would remain a law until it was attacked. END QUOTE

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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. HIGGINS.-But suppose they go beyond their power? Mr. GORDON.-It is still the expression of Parliament. Directly a Ministry seeks to enforce improperly any law the citizen has his right.

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END QUOTE
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Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but the general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the question of ultra vires arising after a law has been passed. [start page 2004] Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.

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END QUOTE
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Hansard 8-3-1898 Constitution Convention Debates QUOTE Sir JOHN DOWNER.No one is more in favour of that than I am. But, at the same time, it is said-"Let the Houses of Parliament act capriciously and variously from day to day-allow this 'tacking' to go on if the Houses choose to agree to it-let the Houses do one thing one day and another the next, and do not bother about altering the Constitution, but trust the Parliament." Of course; but Parliament must only be trusted when it is within the Constitution. p13 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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14
The Senate of to-day and the House of Representatives must not be put in a position superior to the Constitution. END QUOTE
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Mr. GORDON.Once a law is passed anybody can say that it is being improperly administered, and it leaves open the whole judicial power once the question of ultra vires is raised. END QUOTE
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And as during the 5-year epic legal battle I challenged the validity of the Victorian Constitution Act 1975 and the Victorian Attorney-General or for that matter none of the other AttorneyGenerals challenged my constitutionally based submissions that the Victorian Constitution Act 1975 was unconstitutional then it was and remains to be ULTRA VIRES!
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On that basis what Member of Parliament then was duly and properly elected one may ask? What judicial officer was validly appointed one may ask? What legislation was then validly enacted one may also ask?
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In a previous criminal trial where the defendant was charged with 3 criminal charges but two were withdrawn upon a submission of NO CASE TO ANSWER (about 2 years prior to the case actually being heard) and the remaining charge was that the trail judge after a 5-day prosecution case the trial judge directed the jury to return a verdict of NOT GUILTY as there was no case to answer the following was also before the court (copied from my previous successful litigation before the County Court of Victoria:
QUOTE Commonwealth Powers (Family Law---Children) Act 1986 Version No. 010 Act No. 92/1986 (See Folder 02 of the CD)

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This Act purports to give the Commonwealth of Australia certain legislative powers in regard of Children not being children of a marriage. The Basic error that here is creeping up in the enactment is the following; 4. Termination of reference s. 4 The Governor in Council may, at any time, by proclamation published in the Government Gazette, fix a day as the day on which the reference under this Act shall terminate. Hansard 27 -1-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) (See Folder 33 of the CD) Mr. DEAKIN.Another difficulty of the sub-section is the question whether, even when a state has referred a matter to the federal authority, and federal legislation takes place on it, it has any-and if any, what-power of amending or repealing the law by which it referred the question? I should be inclined to think it had no such power, but the question has been raised, and should be settled. I should say that, having appealed to Caesar, it must be bound by the judgment of Caesar, and that it would not be possible for it afterwards to revoke its reference. Therefore, once a State adapted a Commonwealth legislation then it has no power to rescind the reference of legislative powers whatsoever. The State of Victoria and so other States however never seemed to have understood this and as such never intended to adopt existing Commonwealth legislation! Indeed, it seeks to

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refer to; Current State: This information relates only to the provision/s amending the Commonwealth Powers (Family Law--Children) Act 1986 p14 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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15
Somehow the State of Victoria is here seeking to amend a State legislation already having been overtaken by Commonwealth legislation! This is ignoring the fact that the Victorian legislation would be of no value, as once the Commonwealth having acted upon it, then hat is the end of State legislative powers forever. That is if the legislation was within its constitutional jurisdiction to be referred to the Commonwealth in the first

place. Subsection 51(xxvii) is not the right vehicle to do so as that relates to a mater in dispute between two or more States but not all States, as Mr G. H. Schorel-Hlavka so carefully has addressed in his various books. As such, the purported reference of legislative powers by all States was unconstitutional and therefore NULL AND VOID (ULTRA VIRES).

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His Honour may argue as to what on earth this Commonwealth Powers (Family Law--Children) Act 1986 case has to do with current litigation and the Defendant would respond that this is an example to show how all those lawyers in the parliament, in the Courts, etc do not understand the basic errors that having been made in this issue and that likewise basic errors are made time and again in other matters, such as citizenship the

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constitutional status of the Commonwealth of Australia, etc. As in the Commonwealth Powers (Family Law-Children) Act 1986, even there being no constitutional power having been granted for the Australian Act 1986 , and therefore cannot apply, as the Act seemingly appeared to have accomplished some change to the Constitution that inadvertently circumvented constitutional powers and limitations, such as Section 128 referendum, without which such fundamental changes as to the transfer of power from the States to the

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Commonwealth of Australia cannot ever be made and will only result in an ULTRA-VIRES act which renders the Act inoperable, null and void. END QUOTE
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As to the issue of Australian citizenship surely at least one State Member of Parliament amongst all the lawyers should have been aware that there is no such things as Australian citizenship as a nationality? Then how can any Member of Parliament validly be elected. How can any judicial officer be validly appointed? How can any police officer be validly appointed? And on and on it goes.
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Hansard 2-3 -1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will come under the operation of the law, so as to be a citizen of the Commonwealth, who would not also be entitled to be a citizen of the state? There ought to be no opportunity for such discrimination as would allow a section of a state to remain outside the pale of the Commonwealth, except with regard to legislation as to aliens. Dual citizenship exists, but it is not dual citizenship of persons, it is dual citizenship in each person. There may be two men-Jones and Smith-in one state, both of whom are citizens of the state, but one only is a citizen of the Commonwealth. That would not be the dual citizenship meant. What is meant is a dual citizenship in Mr. Trenwith and myself. That is to say, I am a citizen of the state and I am also a citizen of the Commonwealth; that is the dual citizenship. That does not affect the operation of this clause at all. But if we introduce this clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those who say that it is putting on the face of the Constitution an unnecessary provision, and one which we do not expect will be exercised adversely or improperly, and, therefore, it is much better to be left out. Let us, in dealing with this question, be as careful as we possibly, can that we do not qualify the citizenship of this Commonwealth in any way or exclude anybody [start page 1764] from it, and let us do that with precision and clearness.

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16
As a citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want to place in the hands of the Commonwealth Parliament, however much I may be prepared to trust it, the right of depriving me of citizenship. END QUOTE
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Hansard 2-3 -1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. BARTON.-Yes; but the term has since disappeared, and it disappeared owing to objections from members of the Convention. I am inclined to think that the Convention is right in not applying [start page 1765] the term "citizens" to subjects residing in the Commonwealth or in the states, but in leaving them to their ordinary definition as subjects of the Crown. If, however, we make an amendment of this character, inasmuch as citizens of the state must be citizens of the Commonwealth by the very terms of the Constitution, we shall simply be enabling the Commonwealth to deal with the political rights of the citizens of the states. The one thing follows from the other. If you once admit that a citizen or subject of the state is a citizen or subject of the Commonwealth, the power conferred in these wide terms would enable the Federal Parliament to deal with the political rights of subjects of the states. I do not think the honorable member intends to go so far as that, but his amendment is open to that misconception. Mr. HOWE.-Trust to the Federal Parliament. Mr. BARTON.-When we confer a right of legislation on the Federal Parliament we trust them to exercise it with wisdom, but we still keep as the subject of debate the question of whether a particular legislative right should be conferred on the Federal Parliament. When you give them the right then you may trust them to exercise it fully. Mr. HOWE.-And wisely. Mr. BARTON.-If the honorable member's exclamation means more than I have explained, then the best thing to do is to confide to the Commonwealth the right of dealing with the lives, liberty, and property of all the persons residing in the Commonwealth, independently of any law of any state. That is not intended, but that is what the expression "Trust the Federal Parliament" would mean unless it was limited by the consideration I have laid down. I am sure Dr. Quick will see that he is using a word that has not a definition in English constitutional law, and which is not otherwise defined in this Constitution. He will be giving to the Commonwealth Parliament a power, not only of dealing with the rights of citizenship, but of defining those rights even within the very narrowest limits, so that the citizenship of a state might be worth nothing; or of extending them in one direction, and narrowing them in another, so that a subject living in one of the states would scarcely know whether he was on his head or his heels. Under the Constitution we give subjects political rights to enable the Parliament to legislate with regard to the suffrage, and pending that legislation we give the qualification of electors. It is that qualification of electors which is really the sum and substance of political liberty, and we have defined that. If we are going to give the Federal Parliament power to legislate as it pleases with regard to Commonwealth citizenship, not having defined it, we may be enabling the Parliament to pass legislation that would really defeat all the principles inserted elsewhere in the Constitution, and, in fact, to play ducks and drakes with it. That is not what is meant by the term "Trust the Federal Parliament." END QUOTE
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I do not propose that candidates in an election should be competent in constitutional law as after all most lawyer would not make the grade as such. What I do view is essential is that any successful candidate who takes up a seat in the Parliament should be given a certain basic training as to what is constitutionally applicable and permissible. And this should be made clear to any candidate when nominating as a candidate.
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The (purported) Local Government Act as such would be clear to be unconstitutional and so what legislation can be used against me I may ask?
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Hansard 6-3-1891 Constitution Convention Debates QUOTE Mr. THYNNE: I shall quote from Mr. Dicey's recent work, which is very clear in its language. He says:

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One of the characteristics of a federation is that the law of the constitution must be either legally immutable or else capable of being changed only by some authority above and beyond the ordinary legislative bodies, whether federal or state legislatures, existing under the constitution.

END QUOTE
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Hansard 6-3-1891 Constitution Convention Debates QUOTE Mr. THYNNE: The constitution of this federation will not be charged with the duty of resisting privileged classes, for the whole power will be vested in the people themselves. They are the complete legislative power of the whole of these colonies, and they shall be so. From [start page 106] them will rise, first of all, the federal constitution which we are proposing to establish, and in the next place will come the legislative powers of the several colonies. The people will be the authority above and beyond the separate legislatures, and the royal prerogative exercised, in their interest and for their benefit, by the advice of their ministers will be practically vested in them. They will exercise the sovereignty of the states, they will be charged with the full power and dignity of the state, and it is from them that we must seek the giving to each of those bodies that will be in existence concurrently the necessary powe rs for their proper management and existence. Each assembly, each legislature, whether state or federal existing under this constitution, will be as Dicey again says-a merely subordinate law-making body whose laws will be valid, whilst within the authority conferred upon it by the constitution, but invalid and unconstitutional if they go beyond the limits of such authority. END QUOTE
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HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this Constitution, the principles which it embodies, and the details of enactment by which those principles are enforced, will all have been the work of Australians. END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten, END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKIN.What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the peoples whom it will embrace and unite. END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole history of the peoples of the world than this question upon which we are about to invite the peoples of Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new charter is to be given by the people of Australia to themselves. END QUOTE p17 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for no citizen is above it, but under it; but it is appointed for the purpose of saying that those who are the instruments of the Constitutionthe Government and the Parliament of the day-shall not become the masters of those whom, as to the Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere of the Commonwealth. END QUOTE
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Hansard 9-9-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. SYMON: It cannot possibly extend the operation of our laws generally one atom further than the constitutional law will permit. END QUOTE . HANSARD 10-03-1891 Constitution Convention Debates QUOTE Dr. COCKBURN: All our experience hitherto has been under the condition of parliamentary sovereignty. Parliament has been the supreme body. But when we embark on federation we throw parliamentary sovereignty overboard. Parliament is no longer supreme. Our parliaments at present are not only legislative, but constituent bodies. They have not only the power of legislation, but the power of amending their constitutions. That must disappear at once on the abolition of parliamentary sovereignty. No parliament under a federation can be a constituent body; it will cease to have the power of changing its constitution at its own will. Again, instead of parliament being supreme, the parliaments of a federation are coordinate bodies-the main power is split up, instead of being vested in one body. More than all that, there is this difference: When parliamentary sovereignty is dispensed with, instead of there being a high court of parliament, you bring into existence a powerful judiciary which towers above all powers, legislative and executive, and which is the sole arbiter and interpreter of the constitution. END QUOTE
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Hansard 15-9-1897 Constitution Convention Debates QUOTE The Hon. A. DEAKIN: I say the great bulk of them are of that character, and am open to refutation if I am wrong, I should say that the whole of the thirty-seven subjects, but, indisputably, the great bulk of them, are subjects on which no question of state rights and state interests could arise except by the merest accident. It is, as the right hon. gentleman admitted, a grave defect in our constitution if we permit these questions to be left for all time to be determined in a purely states house, or by a state referendum, when those questions are not state questions-when they ought to be decided, not on state lines, but on national lines, and by a national referendum. END QUOTE
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Well, here we have it the purported Victorian Constitution Act 1975 was never approved in any State Referendum and therefore was ULTRA VIRES as I successfully claimed on 19 July 2006 before the County Court of Victoria. And the time to appeal that decision is long passed!
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Likewise the issue of compulsory voting and to now use school enrolments, drivers licences and motor vehicle registration information to enrol any person on the electoral roll we should notice the following also:
p18 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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Hansard 24-3-1897 Constitution Convention Debates QUOTE Sir GEORGE TURNER: It would never do to allow in this Federal Parliament that those representatives who are elected upon the most liberal franchise possible should be outvoted by those who would be elected by a very limited franchise indeed. As this may fairly be regarded as the National House, representing the people of the various States as a nation, we ought to have uniformity in the franchise. We must leave it to the Federal Parliament to say what the franchise should be. At the same time, as some colonies have given the right of voting to those who have not that right in other colonies, it would be unfair and inequitable to take from any who have the right, and therefore whatever uniformity is determined upon we shall have to allow the innovation that no person, man or woman, who has the right to vote shall be deprived of exercising that right, even so far as the elections to the Federal Parliament are concerned. I would go the length of saying that everyone who has the right in the various colonies, if they desire to exercise their franchise, should have the opportunity of doing so. END QUOTE

Again
Hansard 24-3-1897 Constitution Convention Debates QUOTE Sir GEORGE TURNER: At the same time, as some colonies have given the right of voting to those who have not that right in other colonies, it would be unfair and inequitable to take from any who have the right, and therefore whatever uniformity is determined upon we shall have to allow the innovation that no person, man or woman, who has the right to vote shall be deprived of exercising that right, even so far as the elections to the Federal Parliament are concerned. END QUOTE
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Hansard 24-3-1897 Constitution Convention Debates QUOTE Sir GEORGE TURNER: I would go the length of saying that everyone who has the right in the various colonies, if they desire to exercise their franchise, should have the opportunity of doing so. END QUOTE

Desire stands for an expressed wish, option, choice, request, etc, not being compulsory!
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Therefore where anyone was wrongly fined for FAILING TO VOTE then clearly this means that the government acted itself beyond the RULE OF LAW!
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Hansard 1-3-1898 Constitution Convention Debates QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as any private person would be. END QUOTE
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EITHER WE HAVE A CONSTITUTION OR WE DONT!

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As such those in the Parliament accept they are there because of constitutional provisions or they accept there is no constitution, and so no constitutional validity in anyone to be in the Parliament either! The liberal party refused my membership when I exposed its own constitution is so to say up the creek and when a subsequent joint application was made including my wife, then she was refused also for being married to me. Now this is the kind of practice the Liberal Party now uses to discriminate against a married woman because it doesnt like her husband. Surely any Member of Parliament should be alert that such kind of discrimination against a woman can be perpetrated and notably by a Liberal Party that obtained power on the basis of Law & Order!
p19 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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20 Did anyone ever realise (that is any State Member of Parliament) that by a BANYULE 7 NULLUMBIK WEEKLY report page 5 on 12 April 2011 under the heading New and improved the report refers to Banyule City Council having unveiled its latest addition to its art collection? Moment, councils can only charge for essential service expenditure and now it is purchasing art works?
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The same when Banyule City Council involves itself in all kind of development projects it seems to be not a single Member of Parliament to be aware that council business is not to act like some private entity but that it can only spend monies from ratepayers on ratepayers issues. So much more to canvas but the picture should have emerged that we need a better kind of election system and candidates who do not use lies, deceit, and/or bribery as a way to enter Parliament and finally we need more informed Members of Parliament.
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I call upon all Members of Parliament to stop the elaborate rot and to show to the constituents that from now it proper procedures will be put in place to ensure that elections are held in a true democratic manner and those who interfered with my elections will be held accountable before the courts regardless if they happen to be employed or otherwise be engaged with any council, as no one is above the law!
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I do not fear anyone to take me to court as I recognise that rightly or wrongly anyone is entitled to do so and can make a fool of himself/herself doing so, and it is not the first time I had lawyers ordered to first seek permission of a court before being entitled to file material and as such wouldnt hesitate to have the same repeated. After all no court has jurisdiction to hear any case against me unless it can find that jurisdiction can be proven and that is something that I view they all will fail in!
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Again, Parliament can seek to enlist me to resolve many of the problems that can be resolved or continue its marry way until the People are so sick and tired that they make the decision for the Parliament. The people are entitled to fair and proper elections but it appears to me that didnt eventuate!
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This submission-supplement 4 is not intended and neither must be perceived to include all relevant matters/details and neither refers to matters as to any priority.
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MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

Awaiting your response,

G. H. Schorel-Hlavka

p20 1-7-2011 Submission Supplement 4 Re elections INSPECTOR-RIKATI & How to lawfully avoid voting A book on CD about ELECTORAL AND CITIZENSHIP RIGHTS B&W Book ISBN 978-0-9751760-3-0, Book-Colour ISBN 978-0-9751760-9-2, on CD ISBN 978-0-9751760-4-7 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax 0011 -61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com

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