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Australia Day 2017 : Comments
By Bob Ryan, published 5/1/2017It is unfortunate that, when reasonable Australians strive to unite us all as a nation, there still persists an objection to celebrating January the 26th as Australia Day.
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minotaur,
"A matter which is provided" is logically not a removed, non-existent matter . Removing the Privy Council needs s 128 to make it un-provided, otherwise what does 128 apply to?
"Before the Bill was passed, however, one final change was made by the imperial government, upon lobbying by the Chief Justices of the colonies, so that the right to appeal from the High Court to the Privy Council on constitutional matters concerning the limits of the powers of the Commonwealth or States could not be curtailed by parliament."
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 128
"Mode of altering the Constitution
This Constitution shall not be altered except in the following manner:
The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament,. the proposed law shall be submitted in each State .. to the electors. And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent."
Abolishing the Privy Council by an Act changes the Constitution illegally. That is why s 74 still stands contrary to the 1986 Acts.
For example "The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate." Electoral divisions for senators can be adjusted by provisions , but are you saying the Senate House can be abolished by Pauline Hansen bargaining with the Libs to enact its removal? Can Turnbull then vote out the House of Reps and become a Putin with Hansen as Director-General of Religions and Flogging? Is the Australian Parliament just 2 Acts away from disappearing?