Australia's Constitutional position today.

United People Power
"Alternative Three"

Where is Australia Constitutionally?

What are our alternatives? Where to from here?

This paper lists items researched by United People Power leading to the introduction of the "Alternative Three" project.

Australia's progress from Constitutional Monarchy to "undefined republic", and on to a UN-controlled unconstitutional never-never land.

You are invited to check the information contained herein, and to fill in any gaps;

UPP will continue it's research. The research so far, has produced irrefutable proof that Australia is in a state of immense constitutional danger, as is the freedom and economic wellbeing of its people.

The following schedule of events is evidence that Australia has entered a constitutional never-never land. As a result a complete constitutional review is essential and a matter of great urgency. A review that must be carried out by the people and not by the establishment.

1897 to 1997, one hundred years of events that have influenced Australia.

How it was - The Monarch, The Crown, The Privy Council, Common Law - The Laws of England, six colonies under the Crown - Australia, subjects of and with allegiance to the Monarch -- Six States -- The Constitution - Federation - Independence - Republic - ????.

What is today: A centralist Government in Canberra implementing the UN's orders. A government fully prepared to keep all in the dark and trap them at every opportunity.

This paper sets out dates of events that lead to the never-never that Australia faces as we approach the turn of the new millennium. Certain logical and legal outcomes flow from the events listed.

THE TIME HAS ARRIVED for the people to re-assess Australia's position, and to decide on positive action is needed to address the unconstitutional position we have got ourselves into.

1896    To-date the most effective steps taken towards bringing Australia to a federation with a Constitution when the Federal Constitutional Convention Bathurst in November 1896.

1897    Federal Constitutional Conventions held in Adelaide and Sydney.

1899    Federal Convention held in Melbourne. Constitutional referendum held. Constitution not approved (receiving only 48% of the votes cast), 422,788* is equal to 12.8% of the 3.3 million population of the six Colonies-cum-States. *(Includes 'plural voting' where the elite establishment of men had as many six votes each)

1900    Commonwealth of Australia Constitution Act passed by British Imperial Parliament on 9 July, it was then "imposed" on the people of Australia. Queen Victoria issues Letters Patent on 28 October 1900 with instructions to Governor-General, without which the Constitution could not be implemented. (The Constitution is not a single document.)

1901    Commonwealth of Australia is officially established. Queen Victoria dies. King Edward Letters Patent 23-Feb. Proclamation proroguing the first parliament. The Official opening of Federal Parliament 9 May included introduction of additional Constitutional instruments.

1903    Australian Parliament establishes High Court when Prominent people raised substantial objection based on Constitutional grounds to the act establishing the High Court.

1905    High Court takes first step to remove people's rights. Then Chief Justice Samuel Griffith, ex-premier of Queensland and powerful in establishing the Constitution pronounced:

"The contention that a law of the Commonwealth is invalid because it is not in conformity with Magna Carta is not one for serious refutation"

In plain language, Magna Carta could no longer be relied on by Australians. This position since taught in our universities and practised in our courts.

1906    Chief Justice of South Australia Supreme Court refuses position as High Court Justice. Andrew Clarke of Tasmania a prominent member of the team that drafted the Constitution passed over for a High Court position because of his opposition based on Constitutional grounds to the High Court system as established. (Back then it was clearly a stacked High Court as it is now.)

1914    World War 1. King George V declares war on behalf of Australia.(see declaration of war 3 Sept. 1939)

1919    Australia now a Dominion, member of the British Empire contingent, joins the peace conference at Versailles on the 13 January 1919 with W M Hughes and Sir Joseph Cook as Australia's representatives.

    Supported by an agreement reached at the 1917 Imperial War Conference held in London and argument put by the President of the USA, W Wilson, W Hughes and Sir Joseph Cook sign the Peace Treaty of Versailles on 28 June 1919, not in the name of the British Dominion of the Commonwealth of Australia, but in the name of the nation, Australia.

    Prime Minister Hughes in an address to Federal Parliament on 10 September 1919 said,

    "Australia has now entered into a family of Nations on a footing of equality. Australia has been born in a blood sacrifice"

    referring to the first world war.

1920    On 10 January 1920 the League of Nations becomes part of International Law. With
Australia as one of the 29 foundation member nations, its Sovereign Nation status and
political independence became guaranteed under Article 1 of the League's covenant.

This is Australia's Independence Day! The British Dominion of the Commonwealth of Australia ceases to exist as does the authority of the British Crown over Australia. British subjects at that time resident in Australia became Australian citizens.

The book "A Handbook to the League of Nations" by Sir Geoffrey Butler KBE lecturer in International Law and Diplomacy of the Corpus Christi College, Cambridge, used by all nations as a reference to the League of Nations at the time, referring to Article I of the covenant of the League of Nations states that,

"It is arguable that this article (Article 1) is the most significant single measure. - By it the British Dominions, namely New Zealand, Australia, South Africa, and Canada, have their independent nationhood established for the first time. There may be friction over small matters in giving effect to this internationally acknowledged fact, but the Dominions will always look to the League of Nations Covenant as their Declaration of Independence".

The League of Nations confirms Australia's mandated territories of Nauru and German New Guinea on 17 December 1920.

1921 Sir Joseph Cook becomes the first Australian High Commissioner to the United Kingdom on 11 November 1921. The United Kingdom again recognises the independence and sovereignty of Australia by its acceptance of his credentials which they did without delay.

1922 G F Pearce represents Australia at the Washington conference, 12th November to 6th February 1922, resulting in the signing of the Washington Naval Treaty, Australia's very first treaty with a foreign nation. Prior to 1920 treaties fell under the authority of the Monarch, since then the executive has "assumed" this role.

1926 Balfour Declaration; equal status with Britain confirmed.

1929    Imperial meetings produce Statute of Westminster. (its infamy may dormant until1986). Wall St stock market crash and the start of the depression.

1931 Statute of Westminster enacted by the British Parliament; Section 2(2) releases all governments from being bound and limited by the Laws of England, (Magna Carta Habeas Corpus etc.) Individual governments needed to adopt the sections that suited them (Section 2(2) of this Statute was not adopted by the Australian States until 1986).

    The Federal government had no need to adopt, as they were not bound by the Laws of England [since 1920], unless they chose to be so bound. The State governments were.

1939 3rd September Australia declares War on Germany. ( Australia, not the King as in 1914).

1940 United Kingdom and United States secret meeting to establish United Nations.

1941 Twenty-six nations including Australia calling themselves the United Nations sign     pledge to defeat the Axis countries.

1942 Australia backdates the adoption of certain sections of the Statute of Westminster as extra procuration in the event of England being defeated - Rejecting section 2(2), later adopted as part of the Australia Act 1986.

Section 2(2) changes Australian government, both State and Federal from limited to unlimited government, cancelling all legal right of people. What were inalienable, forever rights, now at the whim of the politicians and the courts.

1944    Big four nations USA, USSR, UK, & CHINA meet to draw up plans for a new world body, the "United Nations".

1945    YALTA:    The USA, UK and the USSR agree on voting procedures and call conference to draw up charter for " United Nations".

H V Evatt and F M Forde represent Australia at the 50 Nation, United Nations Conference on International Organisation in San Francisco from 25 April to 26 June 1945.

Australia signs the UN Charter as a foundation Member State on 26 June1945. The UN Organisation replaces the League of Nations which is officially terminated in 1946.

The British government orally states and provides documentation to the UN with regard to the legislative powers of the Parliament of the United Kingdom.

"No act of the Parliament of the United Kingdom or act that looks to the parliament of the United Kingdom for its authority is valid in Australia or its territories in accordance with the laws of the United Kingdom and the Charter of the United Nations" ( Article 2 paragraph 1 and 4).

When later asked specifically about the validity of the following British acts of Parliament, the British government referred to their previous reply, as stated above.

The Commonwealth of Australia Constitution Act 1900 UK.
The Westminster Act of 1931.
All "Australian State" Constitution Acts.
The Australia Bill 1986 UK.
It was anticipated that all Letters Patent issued after the 10 January 1920 would be rescinded by the Queen in accordance with the Charter of the United Nations Article 2 (1) and resolution 2625 (xxv) of 24 October 1970.

Advise received from the office of Legal affairs of the Secretary General of the UN states, "It could be argued the above acts including the Letters Patent contravene Article 2(1) and resolution 2625 (xxv) of the Charter".

1948 British Imperial Parliament renews Citizen Act. - Australia enacts new Citizen Act.

1949 The Declaration of London, India becomes a republic, but remains a member of The Commonwealth of Nations, and retains allegiance to the Monarch. This closely resembles the position Australia got itself in by default and high level fraud, independent [a republic] with allegiance to the Monarch.

1960 Canada adopts a Bill of Rights. (Not the best way to address the loss of protection of peoples' rights but they did something, while Australia did nothing, it can now be seen why, somebody intends that the High Court will hand out rights as and when and IF it suits. This has come to pass with the High Court actually reading rights into the so called constitution that never was never drafted to grant rights as there was no necessity to do so at the time.)

1976 Canada adopts new Citizenship Act recognising Canadian nationality and Commonwealth Citizenship but confers no rights.

1981 British Imperial Parliament enacts British Nationality Act to come into effect on 1st     January 1983.

1982 Canada adopts new Constitution, starting with "Canadian Charter of Rights and freedoms". - Australian Ministerial statement "Australia only country in world excluding England to continue the concept of British subject". High Court expands the meaning of "External affairs" section 51 (xxix) of the Constitution, to enable the Federal Parliament to make laws governing human rights. All totally without the authority of the people.

1983 1st January British Nationality act 1981 takes effect, Australians are now aliens in     Britain. - Federal Parliament deregulates Banks.-High Court removes Tasmania's right to build dam, the second time imposing UN law over Australian Law.

1984 Federal Parliament repeals part 11 of the Australian citizenship act, confirming the earlier cancellation by Britain of our status as British citizens, severing one of the last links in the chain of rights under the law. * Queen Elizabeth as Queen of Australia revokes Queen Victoria's 1900 Letters Patent that establishes the responsibility of the Governor General as the Commander in chief over the Commonwealth with power to appoint and dismiss Judges, Commissioners, Justices of the Peace, Ministers of State etc. Command that all officers, Ministers, Military and inhabitants be obedient, aiding, and assisting to the Governor General. Queen Victoria's clear instructions to the Governor General including the taking of an Oath as provided for by law. No affirmation was authorised as would be expected of the Commander in Chief of a government established with the blessing of Almighty God. All these things now revoked and replaced with an entirely new Letters Patent that allows an affirmation and omits reference to the position of Commander in Chief or to who appoints Judges etc. etc. etc.* A whole new ball game is set in place.

1985 The Australia Act, that, among other things, conferred a legal position on the State Parliaments allowing the making of laws that remove the inherited rights of all Australians. Establishing the States as Republics, legally able to disregard all earlier State laws that secure peoples' rights as a free people.--Illegally altering the Constitution.

1992 Mabo, a "set-up" case where there was no need for Mabo to go to the High Court the local Court would have ruled Mabo owned title to his land as there was no other claimant. This is a regular procedure in local courts making Mabo a set-up.

1997 *Hong Kong, a British colony gained independence when at midnight 30 June 1997 all British law ceased to have authority. (exactly what should have happened in Australia on 10-1- 1920)

Wik another destructive judgement of the High Court.--- High Court strikes critical blow at States rights to levy taxation and collect revenue to enable them to survive as independent States, reversing a High Court decision of 1977.

1998 *A Constitutional Convention orchestrated by the establishment to obtain a specific outcome, in an attempt to deal with the problem of operating government in Australia without legal authority. The plan to have all citizens attend referendum and approve existing constitution with or with out a change of name for head of State.

1999 *Remains a super important year in given Australia's constitutional never-never land. * indicates material added to original document. Update of events in 1998 is not yet complete.

There must be another way. Summarised, the forgoing chronology establishes that Australia has been
moved off course by world events, from a Constitutional Monarchy, to a defacto republic.

A nation in grave Constitutional danger. All this occurred as a result of lot of pushing by certain internationalists; Britain herself has cast Australia adrift and broken the chain of legal links it had with the Australian people.

With the help of the High Court, which can now be seen as little more than an agent for a foreign power---the United Nations, Australians have had stolen from them, their legal and rightful links with English Common Law, links that once guaranteed Australians their natural and fundamental rights under the law.

We at United People Power arrive at the forgoing conclusion from the chronology of events set out above. We believe the facts are beyond dispute, and with more delving we will find more evidence that will confirm Australia's situation as having entered a constitutional never-never land.

Australia stands at the crossroads, there is no way back, we are left with three choices, to the right a road to more of the same dictatorship, to the left a road to an unknown republican dictatorship, or straight ahead to build on the Constitutional foundation that we all have faith in.

The reality is this, Australians have not retained access to the rights of Englishmen via Magna Carta and The Bill of Rights and the other Great Charters of free men; the right to justice and mercy under Common Law is no longer a right in Australia, but a privilege very often denied as is the right to self defence. We are in a never-never land.

The Monarchists-cum-No-Republic people however well intentioned they may be, offer no solution to the dilemma facing all Australians. Any attempt to prevent our move from where we are constitutionally, is an attempt at national suicide.

The republicans are driven by one of two things, a hatred of the past and our heritage, or/and a burning desire to retain and increase elite/government control over people, and they will use every deception to accomplish their goal, many not realising the consequences of their actions. The planned referendum is one monstrous deception, where Australians may well be tricked into approving the existing dictatorial constitution that the people one hundred years ago rejected. Approval with or without a new name for the so called Head of State.

The road ahead is well set out in the "Alternative Three" proposals. All Australians should make themselves fully conversant with Alternative Three, and compare this with what the others have to offer.

The planned 1999 Constitutional referendum will either get Australia back on track or it will prove to be the end of Australia as we know it was and can be again; and as we all wish it to be again. The decision will be yours and mine. We need to make our decision early and convince all we come in contact with, that there is a road to prosperity; it is the Alternative Three road. The road bringing power to the people and real opportunity in our pursuit of happiness

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