I Am Requesting a Evidence/Document that the Victorian Constitution act 1855 (UK)

steven made this Freedom of Information request to Victorian Department of Premier and Cabinet

The request is waiting for clarification. If you are steven, please sign in to send a follow up message.

From: steven

Delivered

Dear Victorian Department of Premier and Cabinet,

Under the Freedom of Information Act 1982 (FOI Act).

I Am Requesting a Evidence/Document that the Victorian Constitution act 1855 (UK) has been repealed by the authority of the act being the Lords Spiritual Temporal and Commons.

I Am Requesting a Evidence/Document that the Victorian Constitution act 1855 (UK) is no longer in force.

Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
Chapter 5 Section 106. Saving of Constitutions
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.
(note: this transferred existing power of the colony over to the state, it does not confer any extra power)

Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
107. Saving of power of State Parliaments
Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be
(note: this transferred existing power of the colony over to the state, it does not confer any extra power)

Victoria Constitution Act 1855 (UK)
(1.) to this Act: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same, as follows:
(note: the authority of the document is the Lords Spiritual and Temporal, and Commons)

Victoria Constitution Act 1855 (UK)
I. It shall be lawful for Her Majesty in Council to assent to the said reserved Bill, so
amended as aforesaid, and contained in the Schedule to this Act annexed, anything in the said specified Acts of Parliament, or any other Act, Law, or Usage, to the contrary in anywise notwithstanding.
(note: the Queens power to make laws in any matter)

Victoria Constitution Act 1855 (UK)
IV. It shall be lawful for the Legislature of Victoria to make Laws altering or
repealing all or any of the Provisions of the said reserved Bill, in the same Manner as
any other Laws for the good Government of the said Colony, subject, however, to the
Conditions imposed by the said reserved Bill on the Alteration of the Provisions thereof
in certain Particulars until and unless the said Conditions shall be repealed or altered by
the Authority of the said Legislature.
(note: power to repeal and alter lies with the authority of the act that being the Lords Spiritual and Temporal, and Commons)

Victoria Constitution Act 1855 (UK)
SCHEDULE (1.) PREAMBLE

An Act to establish a Constitution in and for the Colony of Victoria.
WHEREAS by an Act of the Imperial Parliament of the United Kingdom of Great Britain
and Ireland, passed in the Session holden in the Thirteenth and Fourteenth Years of the
Reign of Her present Majesty, intituled “An Act for the better Government of Her
Majesty’s Australian Colonies,” it was amongst other things enacted, that,
notwithstanding anything therein-before contained, it should be lawful for the Governor and Legislative Council of the Colony of Victoria, after the Establishment therein of a Legislative Council under the said Act, from Time to Time, by any Act or Acts, to alter the Provisions or Laws for the Time being in force under the said Act, or otherwise concerning the Election of the Elective Members of such Legislative Council, the Qualification of Electors and Elective Members, or to establish in the said Colony,
instead of the Legislative Council, a Council and a House of Representatives, or other
separate Legislative Houses, to consist respectively of such Members to be appointed or
elected respectively by such Persons and in such Manner as by such Act or Acts should
be determined, and to vest in such Council and House of Representatives, or other
separate Legislative Houses, the Powers and Functions of the Legislative Council for
which the same might be substituted: And whereas it is expedient to establish in the said Colony separate Legislative Houses, and to vest in them as well the Powers and
Functions of the Legislative Council now subsisting as the other and additional Powers
and Functions herein-after mentioned: Be it therefore enacted by His Excellency the
Lieutenant Governor of the said Colony of Victoria, by and with the Advice and
Consent of the Legislative Council thereof, as follows:
(note: the only power conferred to the Victorian legislative council and assembly to make laws concerning the Election of the Elective Members of such Legislative Council, the Qualification of Electors and Elective Members)

"Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
Chapter 5 Section 106. Saving of Constitutions.

Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
Chapter 5 Section 107. Saving of power of State Parliaments

(note: carried the colony's limited power over to the federation on 1 January 1901 )"

Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
Chapter 6 Section 123. Alteration of limits of States
The Parliament of the Commonwealth may, with the consent of the Parliament of a State, and the approval of the majority of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected.

(note: this leaves the Victorian Government in a real bind, no such referendum exists, the evidence is in black white, it is irrefutable evidence and whoever ignores this evidence in guilty of committing very very serious crimes against 6.5 million Victorians, If i were police commissioners Shane Patton and Luke Cornelius I would be scampering to remedy this massive injustice against 6.5 million living sentient beings currently located within the imaginary borders of Victoria which is within the commonwealth of Australia.)

Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
Chapter 5 Section 109. Inconsistency of laws
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

the fact that there are no commonwealth laws
The Health Services Amendments (Mandatory Vaccination of Health Care Workers) Act ,
2020 (Vic). (Public Document)
The COVID-19 OMNIBUS (Emergency Measures) Act, 2020 (Vic). (Public Document)
The Public Health and Wellbeing Act, 2008 (Vic). (Public Document)
The Emergency Management Act, 1986. (Public Document)
The Emergency Management Act, 2013. (Public Document)

( note: this means 109 inconsistency of laws renders these acts invalid does it not , of course it does because they are inconsistent, I am about to reinforce this, read on)

Clause 9 of the commonwealth of Australia constitution act 1900 (UK)
Chapter 5 Section 117. Rights of residents in States
A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

(note: in chess this is called checkmate, game over)

I will await your reply with any documents/evidence that suggest what I have just stated is incorrect.

I will be sharing this on Facebook for all Victorians to engage in their right to Freedom Of Information Under the Freedom of Information Act 1982 (FOI Act).

Yours faithfully,

steven

Link to this

From: FOIDPC (DPC)
Victorian Department of Premier and Cabinet

Dear Steven,

Please be advised that, pursuant to section 17 of the Act, a request is only valid if it is accompanied by an application fee of $29.60, or evidence that payment of this fee would cause hardship.

Payment can be submitted via the online portal at https://online.foi.vic.gov.au/foi/reques....

Kind regards,

Eleanor Bishop  |  Freedom of Information and Privacy Officer  |  Operations
Department of Premier and Cabinet  |  Working remotely
www.vic.gov.au

We acknowledge the traditional Aboriginal owners of country throughout Victoria and pay our respect to them, their culture and their Elders past, present and future.

I am currently working remotely. Please contact me via email or Skype.

OFFICIAL

show quoted sections

Link to this

Things to do with this request

Anyone:
Victorian Department of Premier and Cabinet only: