



Many
people are concerned about the illegal sale of Telstra.
The
'government' never obtained permission from the People by Referendum
to legally permit the sale.
Further
below
you can view the Application for an Order by the High Court of
Australia (FORM 12) to prohibit the sale of Telstra which unfortunately did
not
proceed any further because of the death of Elder John Jones.
Also below is a copy of the letter from Deputy Registrar of the High Court,
17th Aug '05, advising that the first FORM 12 had been refused by Justice
Callinan.


Below:- FORM 12 - This process unfortunately did not proceed because of the death of Elder John Jones.

Some
background information regarding to the Commonwealth Constitution:-
Notwithstanding that the 'An Act to Constitute the Commonwealth of Australia
(UK) 1900' is British Domestic Law, and as such is illegal under international
law, the following can be considered regarding the Act (including the Constitution
contained in the Act) and purported politicians regarding Telstra:
The preamble
of the 'An Act to Constitute the Commonwealth of Australia (UK) 1900' reads:
[emphasis shown in bold]
"
Whereas
the people of New South Wales, Victoria, South Australia, Queensland,
and Tasmania, humbly relying on the blessing of Almighty God, have agreed
to unite in one indissoluble Federal Commonwealth under the Crown of the
United Kingdom of Great Britain and Ireland, and under the Constitution
hereby established: "
Clause 3 of the Act reads: [emphasis
shown in bold]
"It
shall be lawful for the Queen, with the advice of the Privy Council, to declare
by proclamation that, on and after a day therein appointed, not being later
that one year after the passing of this Act, the people of New South
Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her
Majesty is satisfied that the people of Western Australia have agreed thereto,
of Western Australia, shall be united in a Federal Commonwealth under the
name of the Commonwealth of Australia. But the Queen may, at any time
after the proclamation, appoint a Governor-General for the Commonwealth."
Sub-clause 69 of clause 9 (the Constitution) reads:
[emphasis shown in bold]
"69.
On a date or dates to be proclaimed by
the Governor-General after the establishment of the Commonwealth the following
departments of the public service in each State shall become transferred to
the Commonwealth:--
Posts, telegraphs, and telephones:
Naval and military defence:
Lighthouses, lightships, beacons, and buoys:
Quarantine.
But the departments of customs and of excise in each State shall become transferred
to the Commonwealth on its establishment."
The departments of "posts, telegraphs, and telephones"
were once the P.M.G. and now the current Telstra.
Sub-clause 69 is very specific in the transfer of (the now) Telstra to the
Commonwealth (the people) but nowhere is a sub-clause found allowing the transfer
of Telstra from the Commonwealth (the people).
Obviously alteration to sub-clause 69 would require a referendum under sub-clase
128 and that would override any limited authority under sub-clause 51 (v).
Sub-clause 51 reads: [emphasis
shown in bold]
Part V.--Powers
of the Parliament.
51. The Parliament shall, subject to this Constitution, have power
to make laws for the peace, order, and good government of the Commonwealth
with respect to:
(i. ) Trade and commerce with other countries, and among the States:
(ii. ) Taxation; but so as not to discriminate between States or parts of
States:
(iii. ) Bounties on the production or export of goods, but so that such bounties
shall be uniform throughout the Commonwealth:
(iv. ) Borrowing money on the public credit of the Commonwealth:
(v. ) Postal, telegraphic, telephonic, and other like services:
(vi. ) The naval and military defence of the Commonwealth and of the several
States, and the control of the forces to execute and maintain the laws of
the Commonwealth:
Assets (such as Telstra)
belong to the sovereign people of Australia with custody vested in the Commonwealth
(the people) via sub-clause 69, and remain the property of the people until
they have been asked at a referendum what the people wish to do with those
assets.
No such referendum has occurred.
Quick & Garran's Annotated Constitution of the Commonwealth of Australia,
page 346, reads in part:
"A law in excess of the authority conferred
by the Constitution is no law: it is wholly void and inoperative; it confers
no rights: it imposes no duties; it affords no protection
What is not so granted to the Parliament of the Commonwealth is denied to
it."
Below:- Letter from Deputy Registrar
of the High Court, 17 Aug '05, advising that this process (first
FORM 12 filed) had been refused by Justice Callinan.

