Darryl O'Bryan Community Law Reform Group www.clrg.org
Article taken from “THE NEXT STRATEGY” Volume 1, Issue 1 September 2010
Transcribed by Michael Byers
Our Constitutional rights are being ignored by both Government and the Sovereign People. As a result of our ignorance of the law the Community law reform group was formed to bring those rights to the sovereign people without any obligation.
As a result of the ignorance of the Constitution by the Governments both State and Federal and the general breakdown of our Government obligation to maintain their position as our servants a group of Constitutionalists in 1992 annexed all of Australia's national estate............
We the people still have time for our football meat pies and Holden cars but seriously people we have been taken serious advantage of and it is time to wake up and take a good look at what we can do and what cannot do. Our rights have been laying dormant for too long and the profession that we the people have entrusted with our Consent in the courts have been with holding our rights, “Woe unto you, Lawyers! For ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.” Luke 11 verse 52. Australia we have been under the rule of lawyers for too long.
“That at the time ye were without Christ, being aliens from the Commonwealth of Israel, and strangers from the covenabts of promise, having no hope, and without God in the world” Ephesians Chapter 2 verse 12.
These are 2 quotes from the Holy Bible King James version that are used as a basis for laws that are a part of our rights as shown in our Commonwealth Constitution and the laws that stem from that Constitution.
“Vulnerable: Capable of being wounded; liable to injury or criticism; subject to being affected injuriously or attacked; as, a vulnerable nation;” Websters Dictionary.
We research the law and pass that vital message onto those that will listen and increasingly those numbers are growing, safety in numbers.
What is government as this word is misused by all of us. Government is made up of 3 separate tiers each created by the people to serve the people: The Executive made up of the Monarch and the Governor General and the Governors of the States whose job it is to assent to a bill from the Parliament. The Executive only assents to a bill that has passed the close inspection of the Executive against the law of the land.
The Parliament is made up of the Upper and Lower houses or also known as the Senate and the House of Representatives. This is where the elected representatives sit and express the will of their constituents.
The Judiciary is made up of the State and federal courts all putting into motion federal jurisdiction and where the people can challenge any legislation brought forward by the Parliament through the Executive. Juries are the fundamental under pinning of a properly functioning judiciary.
So when we hear our parliament claiming the title “government” this is in a Constitutional sense incorrect. But what we have in this country at the moment is not government as defined in our Constitution, it is by definition a reflection of government relying on your ignorance for its survival.
Federation took place in 1901 having passed the test of referendum and as the Constitutional debates leading up to federation confirm an end to Sovereign Parliaments”.
Well that lasted about thirty years and the parliaments started to claw back their claim to Sovereignty through the Westminster Act 1931 and then the final blow came about in 1986 with the Australia Act. In 1984 we the people voted in a referendum where the question was put, do we approve of the equalisation of powers of the States to that of the Commonwealth, and we the sovereign people said no, the then government ignored a direct instruction from the sovereign people and through the Executive assented to the Australia Act 1986 which took us back to the 19th century and the very reason the Commonwealth Constitution was created, which was to create one set of laws for which all the States are bound by. The Australia Act was a whole new foundation for which States could use to create legislation ignoring the Constitutional requirements and the laws of England. All of course without our permission. In 1991 the federal parliament claimed it as sovereign so therefore completing the web of deception. Legislation began to pour out of these cartels all claiming their right to dismantle our Constitutional rights and our property rights.
Our courts have been eroding for years with the misbehaving beginning around 1927 in South Australia under section 5 of the Juries Act which stopped juries sitting in any civil cases. Of course this is inconsistent with our Commonwealth Constitution and the 2 Acts that are to be read alongside our Constitution, that being the Judiciary Act 1903 and the Acts Interpretation Act 1901. Section 80 of the Judiciary Act 1903 is headed “Common Law to Govern”, and shows by definition that there is no distinction between civil and criminal. Section 80 Commonwealth Constitution brings in juries on indictment against any law of any State and it has been argued by the courts that indictment means criminal.
Indictment is a presentment or what is also known as a “Summons”. The courts created the term “Summary Offence” which they argue is only to be heard by a single justice, of course these offences are the bread and butter of “sovereign parliaments”. Our courts have re-erected “Star Chambers” which are an extension of the sovereign parliament and extend arbitrary decisions based on inconsistent laws that we the people have not given permission to use. Habeas Corpus 1640 section 8
“An Act for the regulating of the privy council, and for taking away the court commonly called the star chamber.”
We have not gone forward with governance since federation. We have clearly gone backwards and it is time for we the sovereign people to take charge and make ourselves aware and bring about a government in fear of its people.
JUDICIARY ACT 1903
PAGE 82 DIVISION 2-APPLICATION OF LAWS
79 STATE OR TERRITORY LAWS TO GOVERN WHERE APPLICABLE
The laws of each State or Territory, including the laws relating to procedure, evidence, and the competency of witnesses, shall, except as otherwise provided by the Constitution or the laws of the Commonwealth, be binding on all Courts exercising federal jurisdiction in that State or Territory in all cases to which they are applicable.
80 COMMON LAW TO GOVERN
So far as the laws of the Commonwealth are not applicable or so far as their provisions are insufficient to carry them into effect, or to provide adequate remedies or punishment, the common law in Australia as modified by the Constitution and by the statute law in force in the State or Territory in which the Court in which the jurisdiction is exercised is held shall, so far as it is applicable and not inconsistent with the Constitution and the laws of the Commonwealth, govern all Courts exercising federal jurisdiction in the exercise of their jurisdiction in civil and criminal matters.