WITHOUT PREJUDICE

Australian Electoral Commission

2-9-2013

info@aec.gov.au
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Cc: Mr Michael King, Returning officer, JAGAJAGA Palmer United Party: candidates@palmerunited.com, Mr Tony Abbott: Tony.Abbott.MP@aph.gov.au Mr Kevin Rudd: Kevin.Rudd.MP@aph.gov.au
10 Ref: 130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS

Sir, as you may recall from the 19 July 2006 County Court of Victoria decision to uphold both appeals on FAILING TO VOTE, where I comprehensively defeated the Commonwealth, on that as a CONSTITUTIONALIST I submitted that the Framers of the Constitution refused to give the Commonwealth legislative powers to compel any person to register or to vote in elections. As I submitted to the court, I am not against voting but against compulsory voting, and the AEC didnt oppose this and other submissions based upon constitutional grounds. 20 http://aec.gov.au/FAQs/Voting_Australia.htm#compulsory
15 QUOTE Is voting compulsory? Yes, voting is compulsory for every Australian citizen aged 18 years or older. If you do not vote and do not have a valid and sufficient reason for failing to vote, a penalty is imposed. For further information see Compulsory Voting. What happens if I do not vote? Initially the Australian Electoral Commission will write to all apparent non-voters requesting that they either provide a reason for their failure to vote or pay a $20 penalty. 30 If, within 21 days, the apparent non-voter fails to reply, cannot provide a valid and sufficient reason or declines to pay the penalty, then prosecution proceedings may be instigated. If the matter is dealt with in court and the person is found guilty, he or she may be fined up to $170 plus court costs. END QUOTE

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As I challenged the validity of the legislation as being ULTRA VIRES and the County Court of Victoria upheld this and the AEC didnt oppose my submissions then I view the AEC is bound by the court decision. It had the opportunity to challenge the submissions I made and by failing to do so is bound by the decision of the court. Indeed, I view that the AEC must be independent and shown to be independent and must not tow a government line where it clearly was 40 comprehensively defeated by me on 19 July 2006!
35 Hansard 8-3-1898 Constitution Convention Debates QUOTE Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid. p1 2-9-2013 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

END QUOTE

The constitution is the primary source of any legislative power and any legislation in violation to the constitution therefore is ULTRA VIRES,
Uniform Tax case, 1942 (65CLR 373 at 408) 23-7-1942 5 QUOTE Common expressions such as: 'The Courts have declared a statute invalid'," says Chief Justice Latham, "sometimes lead to misunderstanding. A pretended law made in excess of power is not and never has been a law at all. Anybody in the country is entitled to disregard it. Naturally, he will feel safer if he has a decision of a court in his favor, but such a decision is not an element, which produces invalidity in any law. 10 The law is not valid until a court pronounces against it - and thereafter invalid. If it is beyond power it is invalid ab initio. END QUOTE

For the AEC nevertheless to persist in deceiving electors/people and enforcing this by what I consider acts of terrorism, to fine people and litigate against them is making them also glorified 15 debt collects to aid the government in its debts rather then \to be and remain and be seen to remain impartial. And in particular, accepts the courts decision and its implications of 19 July 2006! I have a further complaint against what I view is false/misleading election advertising by Palmer United Party and obviously the question may be asked if the AEC approved this advertising, and if so, why? On Monday Afternoon on 2 September 2013 between about 4 and 6 pm I heard over the radio a political announcements by Palmer United Party, with various people, including a lawyer, to say something like to vote for Clive Palmer as Prime Minister. 25 I must admit that also leaders of political parties tend to argue people are voting for who shall be the next Prime Minister. I view the AEC has for too long failed to act against this kind of deceptive conduct, even so this already was occurring even when former Queensland Jo BelkjePeterson was campaigning to become Prime Minister. Constitutionally no one can vote for anyone to be voted in as Prime Minister. While there is a 30 convention that generally the Governor-General appoints the leader of the political party which can have the support of most of the Members of the House of Representatives, this is nothing but a convention and cannot override what is constitutionally applicable.
20 QUOTE 64 Ministers of State 35 The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish. Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal 40 Executive Council, and shall be the Queens Ministers of State for the Commonwealth. Ministers to sit in Parliament After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a 45 senator or a member of the House of Representatives. END QUOTE

While the Office of the Prime Minister and Cabinet has been created, it doesnt nor can circumvent the fact that who shall or shall not be commissioned to become Prime Minister is a decision the Governor-General makes and not subject to voting by the Australian electors. It 50 ought to be understood that the 2010 debacle came about where members elect (to the House of Representatives) but had not been sworn in, were making deals to support Julia Gillard to remain Prime Minister. In my view they had no such constitutional position. Mr Edmund Barton, was commissioned on 26 December 1900, as to form a government for the 1 January 1901 Commonwealth of Australia. He did not have any one in the House of 55 Representatives, for the simple reason it didnt exist. Constitutionally, within Sec 64 the
p2 2-9-2013 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Governor-General could commission me to form a government, regardless that I am not a Member of the House of Representatives nor even a candidate. It should be clear that political parties cannot amongst themselves overrule what is constitutionally applicable, only a s128 of the constitution successful referendum can result to an amendment of the constitution! 5 While it may be argued that the majority of Members of Parliament of one political party or a coalition generally has its leader to become Prime Minister, nevertheless, it is deceptive to claim that somehow electors decide who shall become Prime Minister. In the end, it is the GovernorGeneral who decides which person shall be commissioned to form a government. Fancy, for example that the leader of a political party, having attained the majority of seats in the 10 House of Representatives, then is declared bankrupt before being sworn in (again) as a Member of the House of Representatives. It would be idiotic to hold that somehow the Governor-General had to ignore s44 of the Constitution to commission a person to form a government, merely because of some convention. Constitutionally, the Governor-General could still appoint this person for up to 3 months without becoming a Member of the House of Representatives, but 15 unlikely would a Governor-General desire to act contrary to the public interest. In my view the AEC should clamp down on false./misleading representation that the electors vote who shall become the Prime Minister after the election, because as we saw in the 2010 debacle it could have been even either party leaders or neither of them, that is if the Governor20 General had not so to say bowed to pressure. I am not standing as a candidate, and as such have in that regard no political interest in who shall or shall not be voted for. However, I view the gross deception upon Australian electors should be stopped. hence the AEC must take immediate action to stop any false/misleading claims as to 25 electors voting for a Prime Minister. Indeed, where the sitting Prime Minister is failing to succeed in being re-elected, such as John Howard was in 2007, then clearly even if his party had succeeded in gaining most of the seats it would be ridiculous to argue that somehow all Australians nevertheless voted for John Howard to be again the Prime Minister. It appears to me that the AEC for decades that is failed to ensure election(s) advertising and other 30 election claims were appropriately supervised, and this elaborate swindle upon the Australian electors was stopped. http://www.aec.gov.au/Parties_and_Representatives/Party_Registration/Registered_parties/palmer-united.htm
QUOTE 35 Palmer United Party Updated: 8 July 2013 In accordance with Part XI of the Commonwealth Electoral Act 1918, the political party whose details appear below was registered on 05 July 2013. The current particulars of the party, as amended, are:Extract from the Register of Political Parties for Palmer United Party Name of Party: Registered Abbreviation: Parliamentary Party: Registered Officer of Party: Name: Address: Peter Burke 127 Monaco St BROADBEACH WATERS QLD 4218 No Palmer United Party

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Party wishes to receive election funding payments. Party Correspondence Address: Deputy Registered Officers: END QUOTE GPO Box 1538 BRISBANE QLD 4000

Another matter is that s41 of the constitution (The Commonwealth of Australia Constitution Act 1900 (UK) is very clear:
5 QUOTE 41 Right of electors of States No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth 10 from voting at elections for either House of the Parliament of the Commonwealth. END QUOTE

Yet, I understand that people who have no residential address in the Commonwealth of Australia 15 nevertheless somehow are permitted to vote in Federal Elections. In my view this is unconstitutional, this is because the only qualification to be an federal elector is to be a State elector. (Which includes also being a Territorian elector)
Hansard 2-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) 20 QUOTE Mr. OCONNOR (New South Wales).Of course, when I speak of a state, I include also any territory occupying the position of quasi-state, which, of course, stands in exactly the same position. END QUOTE 25

It is to me incomprehensible how the AEC specifically appointed as to conduct elections seems to be so incompetent to supervise matters appropriately, and allowed this gross deception to be ongoing continue upon the Australian electors. Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

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p4 2-9-2013 INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0 PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati