The Forum > General Discussion > 'Australia Day' should Be Held on 'March 3rd'
'Australia Day' should Be Held on 'March 3rd'
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Posted by Sense, Thursday, 29 October 2009 7:01:46 AM
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Section 15 of the Constitution of the Commonwealth of Australia, before its substitution by the Constitution Alteration (Senate Casual Vacancies) 1977, provided as follows:
"15. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen shall, sitting and voting together, choose a person to hold the place until the expiration of the term, or until the election of a successor as hereinafter provided, whichever first happens. But if the Houses of Parliament of the State are not in session at the time when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State, or until the election of a successor, whichever first happens. At the next general election of members of the House of Representatives, or at the next election of senators for the State, whichever first happens, a successor shall, if the term has not then expired, be chosen to hold the place from the date of his election until the expiration of the term. The name of any senator so chosen or appointed shall be certified by the Governor of the State to the Governor-General." Gedit tells me there are 205 words in the original wording of Section 15, 206 if you count the '15.' itself. My source for this wording is: http://www.humanities.mq.edu.au/Ockham/constitution.html#note1 Sense, on Thursday, 29 October 2009 at 7:01:46 AM: "I think celebrating March 3rd 1986 would bring focus on our legal history, the politicians, school teachers and the population at large would have to take an interest in our constitutional history, this would lead the internet generation back to our constitution and possibly some respect for the people who wrote it." It may well indeed, and that is why the bipartisan-politicianist-supremacist cabal won't let it happen. Posted by Forrest Gumpp, Thursday, 29 October 2009 7:48:46 AM
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Forrest,
Yes, sadly I think you are correct. I was given the following link by a Federal Minister. http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/australia_day_23jan09.htm I think Rudd was onto it straight away when I sent the following comparison to his department late last year, requesting the date be changed to March 3rd. Indian Independence Act 1947 (4) No Act of the Parliament of the United Kingdom passed... shall extend, or be deemed to extend, to either or the new Dominions as part of the law of that dominion unless it is extended thereto by a law of the Legislature of the Dominion. Australia Act 1986 (Cth) (1) No Act of the Parliament of the United Kingdom passed... shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory as part of the law of the Commonwealth, of the State or of the Territory. Posted by Sense, Thursday, 29 October 2009 2:57:52 PM
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Re link to Jenny Macklin -- of course that's the reply you will get .
First rule of politics = stay in power ! Quickest way out of power = do something radical . ( ask Gough ) Do you make a change because one person emails you - No . Would you make a change if 6,575,000 people emailed you ? - Hmmmm . It's like the Republic issue -Rudd is a republican but has said there will be NO MOVE toward a Republic unless there is a groundswell for that move . That doesn't make him a member of an "evil cabal " . It just means he has to " crunch the numbers " . We don't . Note the language - " we have no plans to " ......................................................( at the moment ) . Posted by lejon, Thursday, 29 October 2009 4:55:01 PM
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Lejon,
I have requested that my last comment be deleted. Posted by Sense, Thursday, 29 October 2009 6:15:59 PM
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But, I do think that the Australia Act 1986 should have been called the Australian Independence Act 1986.
Indian Independence Act 1947 (4) No Act of the Parliament of the United Kingdom passed... shall extend, or be deemed to extend, to either or the new Dominions as part of the law of that dominion unless it is extended thereto by a law of the Legislature of the Dominion. Australia Act 1986 (Cth) (1) No Act of the Parliament of the United Kingdom passed... shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory as part of the law of the Commonwealth, of the State or of the Territory. Posted by Sense, Thursday, 29 October 2009 6:20:39 PM
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Forrest was talking about Section 15 in the Australian Constitution, not section 15 in the Australia Act 1986.
If you compare the original section 15 to the one that replaced it, via the 1977 referendum, the original text was a little over 200 words, the substitute nearly 900. The vision, the care and the skill of the founding fathers simply astounds me - I wish we could bring them back - we need them.
Nevertheless, they certainly did a much better job drafting the text of the Australia Act 1986 than they did rewriting Section 15 of the Australian Constitution.
I think celebrating March 3rd 1986 would bring focus on our legal history, the politicians, school teachers and the population at large would have to take an interest in our constitutional history, this would lead the internet generation back to our constitution and possibly some respect for the people who wrote it.