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ISSUE: 20190212- Re: The theft of our democracy, etc & the constitution-Supplement 30- medical evacuations -etc

As a CONSTITUTIONALIST my concern is the true meaning and application of the constitution.

* Gerrit, have you got an issue against medical evacuations?

**#** INSPECTOR-RIKATI®, not particular if it is for real medical evacuations and not some
attempt, as I understand happened in the past, someone making a complaint and once transferred
to mainland Australia not returning. And as medical facilities are existing for so far I understand
in and/or near the detention centres then any medical evacuation ought to be the exception rather
than the rule. But moreover, we should never have our Government being undermined by non-
politicians who are doctors but on one hand might be willing to euthanize a person allegedly for
the persons wellbeing (I consider is really murder) when on the other hand willing to undermine
out government. Moreover my concern is the disastrous conduct by our politicians in regard of
this Bill.

* How is that?
**#** I happen to read an article on the internet:
https://www.abc.net.au/news/2019-02-12/politics-live-nauru-manus-medical-evacuations-bill/10802612
Coalition Government loses vote on medical evacuations of asylum seekers on Manus Island and Nauru
QUOTE
The Solicitor-General says the amendments passed by the Senate last year on the medical transfers bill
are unconstitutional, because they require the spending of money. It's the latest twist in negotiations on
the legislation, which could be voted on in the Lower House this afternoon.

Any legislation requiring the spending of money must come from the House of Representatives, not the
Senate. The extra spending would arise from the new medical panel, who would assess claims for
medical transfers of asylum seekers and refugees from Manus Island and Nauru.
END QUOTE

Hansard 8-3-1898 Constitution Convention Debates

QUOTE Mr. HOLDER.-

Surely there would be at least one representative out of the whole Senate and one member of the House
of Representatives, who would have individuality enough, and strength enough, to get up and challenge
the order of any particular measure which might be disorderly under this clause of the Constitution.

Mr. ISAACS.-They would not all sit on the same side of the House.

Mr. HOLDER.-I should think not. They would not all be Ministerialists, or all members of the Opposition,
or all members of any particular party; and I cannot believe that any Bill which contained anything
objectionable at all could pass through both Houses of the Federal Legislature without finding some one
member of either of the two Houses who would rise to a point of order, and have such a Bill laid aside of
necessity as being out of order under this provision.
END QUOTE

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Hansard 8-3-1898 Constitution Convention Debates
QUOTE

Mr. CARRUTHERS (New South Wales).-It is worth while considering the stages that a proposed law has
to go through, and the opportunity afforded to a member of either House or a member of the Executive to call
attention to any infraction or infringement of the Constitution. It does not require a majority of the members
of the House of Representatives to insist that the Constitution shall be obeyed in the matter of procedure; it
only requires one solitary member to rise to a point of order, and the Speaker has to give a legal
interpretation of the rules of procedure. It only requires one member of the Senate to call the attention of
the President to the fact that a Bill is introduced contrary to the Constitution for that proposed law to
be ruled out of order. It does not require a majority of the states to insist that the Constitution shall be
obeyed, because a majority of the states cannot by resolution infringe the Constitution. Neither House
could pass the standing order which would give the majority power to dissent from the Speaker's or
President's ruling. The standing orders only confer certain explicit power. They give no power to either House
to pass an order which would enable its members to amend the Constitution.

END QUOTE

Hansard 8-3-1898 Constitution Convention Debates

QUOTE
Mr. OCONNOR (New South Wales).-I quite agree with Mr. Trenwith that the object of the provision is to
protect the [start page 2010] Senate from being coerced by the House which has the power of the purse
primarily. But the question between us is not whether you should take away that protection, but whether you
should allow the Senate itself to give up, whether by accident or design, on any particular occasion, the
protection which the Constitution has implanted there for its benefit. The protection of this Constitution is
given, not for the Senate for the time being, but for the people of the states whom the Senate represents.
The question really is whether, for the purposes for which this provision is designed, that is to say, the
protection of the people of the states, as states, it is necessary that this provision should stand which makes a
Bill illegal if these provisions are not complied with, or whether it should be made merely a matter of
parliamentary order between the two Houses?
.
Mr. OCONNOR.-That is begging the question. Even under the circumstances mentioned by the honorable
and learned gentleman, if the rights we are giving under this Constitution to the House which represents the
states are to be of any value at all, we should not put it into the power of a majority in the House of
Representatives or in the Senate to bargain them away, or to give them away at their will.
END QUOTE
And
Hansard 8-3-1898 Constitution Convention Debates
QUOTE Mr. OCONNOR.-

But these difficulties can be overcome by the proper consideration of the terms of the Constitution. I
submit that the question raised here is a very much more important one than it seems to be thought by some
honorable members. I think it is the very essence of the Constitution that we should preserve the form which
has been adopted here, and that we should make the necessity of its adoption imperative upon the
Government and the Parliament, subject to the liability of their acts being declared invalid by the Supreme
Court in the event of the directions of the Constitution not being followed.

END QUOTE
And
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. REID.-My answer is, how could the House of Representatives put more than one subject of taxation
into a proposed law? If it will be possible for the House of Representatives to put two subjects of taxation
into a proposed law, in spite of the clear words of the Constitution, it will be equally possible for a
Taxation Bill to be originated in the Senate without any one taking any notice of it.
END QUOTE
And
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON (New South Wales).-I wish to make a few observations with regard to the objection, not, I
hope, in [start page 2014] any captious spirit. I quite see the stand-point from which Mr. Isaacs and others
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 have addressed themselves to the question. But it seems to me that the argument which has been raised by Mr.
Isaacs as to this last sub-section of clause 55, is really an argument for greater clearness in the Constitution;
because it seems to be admitted that if the words of the Constitution are placed beyond dispute, then the
confusion to which my honorable and learned friend alludes cannot arise. Consequently, the real meaning of
the argument is this-"I could not say what I have said if your Constitution were absolutely clear." This is
an objection to the form in which the provision stands, and an objection to form only, and not to substance,
because it is admitted that these matters can only arise by way of confusion, and consequently it must be
admitted that they can only arise where there is room for confusion in the Constitution.
.

Mr. BARTON.-There is thus upon the face of the law the important material which is appropriated
for the decision of the court-the very transgression beyond legal provision, the very matter which the
court can take in hand, and with regard to which it may say-"This must stop, it is illegal." But if the
Senate were to originate a Tax Bill, or to amend an Appropriation Act or Tax Bill, and that Bill were to
be passed into an Act; if the Senate were to pass a Bill imposing a burden on the people, and that Bill
were to be passed-in either of these cases it would be impossible for any legal tribunal to say, upon the
face of the law, whether any such infringement of the Constitution had taken place.

Mr. REID.-So that confusion that can be covered up need not be provided against?

Mr. BARTON.-That is not so at all. I do not see the slightest relevancy in that remark, or any approach to
relevancy. So that it becomes perfectly clear that one matter is a matter of procedure and that to give a legal
tribunal the power of interfering with regard to that which is inherently a matter of procedure would be an
unwarrantable power of interference with Parliament to give to any court. I am astonished at it being claimed
that anything should be done which would give the court power to instigate an investigation of mere
parliamentary procedure. But those matters which happen under clause 55 do not turn on questions of
procedure, inasmuch as if an infraction of the Constitution occurs, it is apparent upon the face of the
Bill which makes the infraction, and the material is there for judicial determination. That is the
difference between the two clauses, and it is of no use trying to mix up matters of procedure with matters of
actual inviolability apparent on the face of the laws, and to say that you are to apply the same conditions to
one as to the other.

END QUOTE
And
Hansard 8-3-1898 Constitution Convention Debates
QUOTE Mr. BARTON.-
Let us examine the matter a little. Is it right that there should be tacking? There is not an honorable member in
the Convention who will not say that it is wrong. This clause in itself is a clause to prevent tacking, therefore,
it is a clause to do right-for whom?-for the people themselves. What is the good of our arguing this
question on the basis of the rights, inter se, of the two Chambers, when the whole life of both these
Chambers is that they are servants of the public? For whom are these protections in clause 55 introduced?
Is it for the Senate they are introduced? No, it is for the public.
END QUOTE

It must be clear that once the Speaker and/or the President of the Senate has been notified that a
provision is unconstitutional then the relevant House cannot vote on the b ill but the
Speaker//President of the Senate must clarify the issue raised in the Bill as to be constitutional
valid and hence the Bill cannot be voted upon unless and until if ever at all the part objected
against is cleared. If this requires a High Court of Australia decision then so be it. This as it
would be absurd for any citizen having to incur cost, etc, as to have a legislation and/or any part
thereof be enacted reasonably knowing it is in violation of the constitution to be declared
unconstitutional. We are incurring a lot of cost having all those politicians siting in the
parliament and if they cannot bother to make sure it is right in the first place then they should
vacate their seats and let others take the seat who are willing to protect citizens against such rot.

In my view the voting on the Bill in the Senate must be deemed to be NULL AND VOID
and so the subsequent vote in the House of Representatives. And as the Speaker and the
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president are employed by the Parliament they certainly have to be questioned as to their
competence to remain in those positions as each one of them should be competent enough to
understand and comprehend that Bills in violation to the legal principles of the constitution
cannot be merely voted upon but must be clarified and this as the Framers of the constitution
made clear the Speaker/president can do so by submitting the issue to the High Court of Australia
for its determination.
* Do you recommend the Bill is not provided to the Governor-General for Royal Assent?
**#** In my view the Attorney-General would violate his own advice and as such cannot justify
to present the Bill to the Governor-General for Royal Assent and even if he did I view that a
competent Governor-General would not accept to provide Royal Assent for such a Bill that is in
violation of the constitution.
We need to return to the organics and legal principles embed in of our federal constitution!

This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL® (Our name is our motto!)

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INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati