25/05/2024
& in
Lawful Challenge to all Courts and Purported Governments in the State of Western Australia as established by way of the Commonwealth Constitution Act 1900 UK sections 106, 107, 108 and 109.
The above sections establish the Lawful States and their constitutions subject to the Commonwealth Constitution Act and Imperial Law under the Nine Clauses and the Constitution derived from it.
I (your name – being jo blow of the family surname) a living breathing man or woman do formally challenge the authority for all courts and purported government entities to exist for the following reasons;
I state as follows;
The preamble of our Constitution and the UK enabling Act states on page 282 of Quick & Garran
“Whereas the people of New South Wales, Victoria, South
Australia, Queensland and Tasmania, humbly relying on the
blessing of Almighty God, have agreed to unite in one
indissoluble Federal Commonwealth under the Crown.”
Note, “It is The People Not the parliament.”
Page 283
Under the enabling Acts by which the convention of 1897-8 was constituted, the mode by which the assent of the colonies was to be expressed – namely by the vote of the people – was already determined; and accordingly, the first recited in the preamble as drawn in Adelaide was as follows;
“Whereas the people of [here name the colonies which have
adopted the Constitution] have agreed to form one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established.”
“Western Australia was admitted into the new Commonwealth at Federation by proclamation of Queen Victoria which is on the inside wall of the Church of England St Georges Terrace Perth Western Australia.”
Western Australia joined the other colonies at Federation to be one of the original states.
Page 286 states;
“For the truth is the supreme absolute and uncontrollable authority remains with the people,” I mentioned also that the practical recognition of this truth was reserved for the honour of this country.”
Page 795 “Every power alleged to be vested in the National government, or any organ thereof, must be affirmatively shown to have been granted. There is no presumption in favour of the existence of a power; on the contrary; the burden of proof lies on those who assert its existence to point out something in the constitution which, either expressly or by necessary implication, confers it.”
In Lane v Morrison [2009] HCA 29 of 2009 states, “a court is a gathering under the Crown.”
There is no Crown in WA since the removal of the Lawful Oath in 2005 and the removal of all reference to the Crown in 2004 with the Acts Amendment, Repeal (Court and legal Practice) Act 2003.
The term under the Crown is all encompassing; being no Crown, No Head of Power of Authority, No Right of Jurisdiction.
All courts are part of a Federal Judicial system with the High Court at its summit: - the constitution states that fact as it does in Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 of [1996] known as the Kable decision.
In Forge v ASIC [2006] HCA 44 of [2006] states, “Not only permanent judges but temporary judges must swear the oath of allegiance before swearing their oath of office.” There is an obligation to produce those credentials when asked proof of.
The Oath of allegiance to be administered:
Verbatim:
Coronation Oath Act 1688 King William and Queen Mary;
That the Oath herein Mentioned and hereafter Expressed shall and may be Administered to their most Excellent Majesties King William and Queene Mary (whom God long preserve) at the time of Their Coronation in the presence of all Persons that shall be then and there present at the Solemnizing thereof by the Archbishop of Canterbury or the Archbishop of Yorke or either of them or any other Bishop of this Realm whom the King’s Majesty shall thereunto appoint and who shall be hereby thereunto respectively Authorized which Oath followed and shall be Administered in this Manner That is to say,
Every public servant must swear the oath of constitution before their oath of office.
The People establish the Commonwealth not the government not the politicians.
The People through their constitution employ all public servants.
No outside agreement signed by politicians can be used without a referendum and the Will of the People.
All officers of the states and the Federal Parliament are employed under the constitution by The People and as such are officers of the Commonwealth Not of the states.
The Lawful Oath of the Commonwealth of Australia according to the schedule to the Constitution
____________________
Oath
I, A.B,, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors according to law.
So help me God!
Affirmation
I, A.B,, do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to her majesty Queen Elizabeth II, Her heirs and successors according to law.
(Note. – The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.)
To comprehend what has taken place you need to go back to Federation as follows;
a. Representatives of The people, through Constitutional Conventions put the Constitution draft together.
b. Sir Edmund Barton and others put the draft to Queen Victoria and the British Government as we were and still are a Colony of England.
c. The draft become the basis of the Commonwealth Constitution Act 1900 UK along with Nine Clauses and several corrections and added rights for The People.
d. The Commonwealth Constitution Act 1900 UK was Proclaimed as law on the 9th of July 1900.
e. Under Clause 7 on the above date the Australasian Council and the colonies ceased to exist. Quick & Garran teaches us that so did all the Laws except Imperial Acts.
f. The first book by Quick & Garran contains the Commonwealth Constitution Act 1900 UK and the Hansard or Public Record of how the Constitution was formulated and its interpretation. The green book Quick and Garran is a Fraud and is Held in Fraud as it should be.
g. What took place just before Federation was a referendum in each colony to accept the New Constitution and the Act that authorises it, the Commonwealth Constitution Act 1900 UK.
h. On the 29th of October 1900 Queen Victoria put each States Constitutions in place in their Original Text and Complete. Further she put the Letters Patents in place for the Office of Governor for each of the new States at Federation, and further to that the Commonwealth Constitution Act 1900 UK so it could not be changed or altered except by the Monarch. The Constitution created from that Act is The Only Instrument that can be altered by way of 128 of that Constitution.
i. The claim by political parties that they can alter or change the Commonwealth Constitution Act 1900 UK by referendum by The Will of The People is pure fraud and an outright lie.
j. The proof of that is found in the Australia Act of Fraud;
it states;
“Commonwealth Constitution, Constitution Act and Statute of Westminster not affected at paragraph 5 at ss (b) do not operate so as to give any force or effect to a provision of an act of the parliament of a state that would repeal, amend or
repugnant to this Act. The Constitution of the Commonwealth or the Statute of Westminster 1931 as amended and in force from time to time. The Statute of Westminster is a British Act and pursuant to the Colonial Laws Validity Act, can not be amended by colonial parliaments.”
k. The Australia Act 1986 paragraph 3 from the top;
“And whereas in pursuance of paragraph 51 (###viii) of the Constitution the parliaments of all the states have requested the parliament of the Commonwealth to enact or act in the terms of this act;”- 51 (###viii) states; “The exercise within the commonwealth, at the request or with the concurrence of the parliaments of all the states directly concerned, of any power which can at the establishment of this constitution be exercised only
by the parliament of the United Kingdom or by the Federal Council of Australia.”
l. There are several issues that arise with the Australia Act 1986 a Fraudulent Act.
m. (1) Where was the referendum in each state that had not “yet” been elected at Federation? The states were created by 107, 108, and 109 of the Commonwealth Constitution Act 1900 UK which was Proclaimed and Gazetted on the 1st of January 1901. Then it required each state to elect its own parliament, after the election the new states would have to establish an Executive, Legislature and a Judicature using their Constitutions under 106 of the Commonwealth Constitution Act 1900 UK and the new Constitution. As Western Australia was never Lawfully constituted and still is not to this day.
m. (2) Quick & Garran teaches us in that section that there were no powers exercisable at Federation because of Clause 7 of the Constitution and the Constitution Act. Further there were only 7 legislative areas exercisable by the Australasian Council and even less by the colonies and all 7 are contained in Section 51 of this constitution. Page 651 refers.
m. (3) What was concealed by the political parties is that under Clause 7 the Police Act
1892-3 ceased to exist at Federation as did the Transfer of land Act 1893 and the Constitution Alteration Act 1899 regardless of what you are taught.
m. (4) The removal of 32 Sections from the State of Western Australia Constitution at Federation had several ill effects.
1. The State of Western Australia was established under the Commonwealth Constitution Act 1900 UK and the Proclamation by Queen Victoria at Federation as were all the other States and the Commonwealth, but Western Australia was not Lawfully Constituted and it can’t be until the Lawful State Constitution is put in place. There has never been a Lawful State Parliament in Western Australia and there still is not – No Parliament – No Lawful Laws – No Crown – No Authority.
m. (5) There were only five of the six States constituted as required so you can’t have a Federal Parliament without Western Australia being represented and that is why the High Court refused to hear the Lawful Application made to it. Further the High Court does not exist. Until it is established under Our Constitution and the Common Law. Not the 1979 Act that it sits under.
m. (6) There were no parliaments of any states in 1985-1986 as the other five had Unlawfully removed and replaced their constitutions by 1975.
m. (7) You don’t have to be too bright to work out there is no Lawful Federal or State laws except Imperial Law.
As stated in the previous text there are no Lawful Federal Laws and as each state removed and replaced its constitutions they ceased to exist – 106 of the Commonwealth Constitution Act 1900 UK and the Constitution derived from it confers.
Page 346 of Our Annotated Constitution states clearly;
“Not all laws enacted by the parliament are lawful, only those laws made pursuant to, in accordance with and under the authority granted by Our Constitution are binding on the courts, judges and The People of every state, all other laws are void.”
This Lawful Challenge brings forward two issues for you; -
1. You, if you believe the federal parliament (Australian Government) has authority, then you must put the matter to the High Court under section 40 of the Judiciary Act 1903 or…
2. Make application to the High Court to determine the Constitutional Issues.
If we make the application, then it can only be determined that you are sitting in Treason and Fraud and that leaves the High Court no alternative than to issue warrants for all Traitors in this country including Mcleods Barristers & Solicitors as they are required to know the Law and have not bothered to consider Our Supreme Law being the Commonwealth Constitution Act 1900 UK and Our Constitution derived from it.
All the above applies to purported local governments and public officers.
Dated: 25th of May 2024
Wayne Kenneth Glew OWB. CPO
Commonwealth Public Official
