Information to assist my request to be confirmed beyond reasonable doubt
Dear Queensland Department of Justice and Attorney-General,
I hope this information is able to assist you, to assist me, as Section 15A Acts Interpretation Act puts it beyond reasonable, factual evidence at:
Construction of Acts to be subject to Constitution
Every Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
Moeliker v Chapman B8/2000 [2000] HCATrans 242 (17
May 2000)
31/41
HIS HONOUR: And it becomes due and payable by reason of that provision in relation to
corporations, the self-assessment provision, as I called it.
MR LOGAN: 166A.
HIS HONOUR: It is immediately a debt. It is an assessment, therefore it is a debt.
MR LOGAN: Yes, that is right. Then 209 I should just mention to your Honour, which allows:
(1) Any tax unpaid may be used for and recovered in any Court of competent jurisdiction by the
Commissioner or a Deputy Commissioner suing in his official name.
So all of the recovery proceedings in State courts have that as their foundation. Section 208 establishes a
debt due to the Commonwealth. The statutory demand, your Honour has seen, is signed off on behalf of
the Commonwealth by a Commonwealth officer asking for the debt.
HIS HONOUR: Very well. Is there anything further raised in the reply? I suppose I had better - - -
MR LOGAN: There is. There is really a new point which one might term the seal's point. These were
filed rather than delivered. They allseem to have been filed on 17 March, so in Gorshkov's Case I have
one here with the Court's stamp filed 17 March 2000.
HIS HONOUR: This is the reply?
MR LOGAN: The reply document, yes.
HIS HONOUR: Yes, I have the reply. What is the new point raised there then?
MR LOGAN: The point seems to be that the letters patent which we reconstituted the office of
Governor of Queensland in 1986 bore the great seal of the United Kingdom as well as her Majesty's
signature on it. It is then said that that amounts to an assertion ofsovereignty by a foreign power, the
United Kingdom, in a way forbidden by the Australia Acts. That is as I understand it. That is one which
has about it a difficulty that when one traces through the letters patent concerned which are referred to in
this pleading document, they are signed by her Majesty on 14 February 1986, which is prior to the
Australia Acts.
HIS HONOUR: What date was that?
MR LOGAN: 14 February 1986. Could I hand up - - -
HIS HONOUR: Where is the evidence of that?
MR LOGAN: - - - an index ofstatutes which also has the document referred to in the pleading in it.
HIS HONOUR: So the letters patent were signed, you say, on 14 February 1986.
MR LOGAN: That is right.
HIS HONOUR: When was the Australia Act assented to?
MR LOGAN: Proclaimed on 3 March 1986.
HIS HONOUR: It is alleged in paragraph 6 that it was on 4 December 1985.
MR LOGAN: Royal assent, yes, that is right, but proclaimed into force later.
HIS HONOUR: Is that right though that it was given the royal assent on 4 December 1985?
MR LOGAN: Yes.
HIS HONOUR: When you say "royal assent", royal assent or the Governor-General's assent would it
be?
MR LOGAN: I think that one was reserved for - - -
HIS HONOUR: Yes, reserved for her Majesty.
MR LOGAN: Reserved for royal assent. I think that one was.
HIS HONOUR: Yes, it would be because there was mirror legislation in the United Kingdom, in the
Commonwealth and in all the States, I think.
MR LOGAN: Exactly so. It was enacted pursuant to request and consent provisions found in - - -
HIS HONOUR: Yes, which are in the recitals to the legislation.
MR LOGAN: That is right, your Honour, yes.
HIS HONOUR: So it was given royal assent on 4 December. The letters patent were signed on 14
February. When was the Act proclaimed?
Yours faithfully,
Dean Miles
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Right to Information and Privacy
Department of Justice and Attorney-General
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Dear Queensland Department of Justice and Attorney-General,
I apologise if the request appeared as question.
Please produce any and all legal Instruments bearing the GREAT SEAL OF THE UNITED KINGDOM post 1971 that HIS HONOUR would be aware as from Moeliker v Chapman in Chapter III Court.
Yours faithfully,
Dean Miles
Good afternoon Mr Miles
I refer to your three emails to Right to Information and Privacy,
Department of Justice and Attorney-General (DJAG), dated 22-23 March
2022. I understand you are seeking to access all legal instruments
bearing the Great Seal of the United Kingdom after 1 January 1971 as
referred in the High Court decision of Moeliker v Chapman [2000] HCA (17
May 2000). If this is not correct, please let me know by return email.
A request for access to this information, if held by DJAG, may be made
under the Queensland Right to Information Act 2009. The application is a
prescribed form and I have attached an electronic copy to assist. Once
complete, you may send the form, along with the required application fee
to [1][email address].
Alternatively, you may choose to apply online for this information. To
apply online, visit: [2]www.rti.qld.gov.au.
I hope this information will be of assistance in progressing your request.
Kind regards
Mehtap (Meta) Komuksu
B.A., LL.B, GDLegPrac.
Acting Director
Right to Information and Privacy
Department of Justice and Attorney-General
Dear RTI Administration,
Thank you for the prescribed form to complete, I will have it returned within 7 working days.
Kind regards
Yours sincerely,
Dean Miles