20161104-PRESS RELEASE MR G. H. Schorel-Hlavka O.W.B. - IsSUE - Commonwealth of Australia Funding To Clinton Foundation, Etc & The Constitution
20161104-PRESS RELEASE MR G. H. Schorel-Hlavka O.W.B. - IsSUE - Commonwealth of Australia Funding To Clinton Foundation, Etc & The Constitution
As such the question is and remains upon what constitutional authority was any alleged payment
made to the Clinton Foundation, a private entity?
It ought to be clear that Australian Agency for International Development cannot do something by
backdoor manner that is not directly permitted by the constitution. As such any alleged payment
had to be approved by the parliament by special Appropriation Bill, subject also to that
.
Hansard 2-3-1898 Constitution Convention Debates
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QUOTE
Mr. REID.-I suppose that money could not be paid to any church under this Constitution?
Mr. BARTON.-No; you have only two powers of spending money, and a church could not receive the
funds of the Commonwealth under either of them.
[start page 1773]
END QUOTE
And
Hansard 16-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE Mr. ISAACS (Victoria).In the next sub-section it is provided that all taxation shall be uniform throughout the Commonwealth.
An income tax or a property tax raised under any federal law must be uniform "throughout the
Commonwealth." That is, in every part of the Commonwealth.
END QUOTE
.
Hansard 19-4-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE
Mr. MCMILLAN: I think the reading of the sub-section is clear.
The reductions may be on a sliding scale, but they must always be uniform.
END QUOTE
And
Hansard 19-4-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE
Sir GEORGE TURNER: No. In imposing uniform duties of Customs it should not be necessary for the
Federal Parliament to make them commence at a certain amount at once. We have pretty heavy duties in
Victoria, and if the uniform tariff largely reduces them at once it may do serious injury to the colony. The
Federal Parliament will have power to fix the uniform tariff, and if any reductions made are on a sliding
scale great injury will be avoided.
END QUOTE
.
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QUOTE Mr. BARTON.But it is a fair corollary to the provision for dealing with the revenue for the first five years after the
imposition of uniform duties of customs, and further reflection has led me to the conclusion that, on the
whole, it will be a useful and beneficial provision.
END QUOTE
It should be understood that all laws must be UNIFORM throughout the Commonwealth of
Australia failing that the laws are unconstitutional.
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. ISAACS.-The court would not consider whether it was an oversight or not. They would take the law
and ask whether it complied with the Constitution. If it did not, they would say that it was invalid. They
would not go into the question of what was in the minds of the Members of Parliament when the law was
passed. That would be a political question which it would be impossible for the court to determine.
END QUOTE
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no special court, but the
general courts would undoubtedly protect the states. What Mr. Isaacs seeks to do is to prevent the question
of ultra vires arising after a law has been passed.
[start page 2004]
Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
END QUOTE
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. ISAACS.-Higher up in the clause you will see that it says that, whatever is taken over, the state is to
"indemnify the Commonwealth."
Mr. HOLDER.-If the words I have quoted have the meaning which Mr. Reid says they have, it disposes of
my first point. My next point is that in clause 52, it is provided that the Federal Parliament shall have the
power of "borrowing money on the public credit of the Commonwealth"; and there is no provision
anywhere that I know of in this Constitution to limit the expenditure of money so borrowed. There are
limits to the expenditure of revenue. It would be quite impossible during the five years to render special aid
to, any state under the clause we have agreed to to-day, because the revenue is appropriated. But the
provision I have quoted deals with borrowed money, and I know [start page 1114] of nothing in this
Constitution which would limit or control the expenditure of borrowed money except the Loan Act of the
Federal Parliament which authorizes the loan.
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Mr. HOLDER.-Then I would suggest that words should be inserted in order to provide that loan money and
revenue shall be kept separate. I hope we shall have a Loan Account and a Consolidated Revenue Account,
and by no means mix up the two. I take it that clause 81 does not refer to any loan fund at all, but simply to
revenue. The term "Consolidated Revenue Fund" defines it clearly. Of course, I am not expressing a legal
opinion in a chamber of lawyers such as this is. I should be unwilling to do that. I simply rose with the object
of putting forward these points with a view of obtaining a statement of authoritative opinion in regard to
them. It appears to me that the clauses I have mentioned imply the possibility of some assistance being
rendered to a state in difficulties. It seems to me that, as no assistance could be rendered out of revenue,
some assistance might be rendered out of loans, or there might be a guarantee of a loan, [start page
1115] or some other way of rendering financial aid to a state that might be devised. But I hope Mr. Henry
will withdraw his motion, because to state the matter so broadly as that the Commonwealth shall come
to the aid of a state might, I am afraid, lead to very serious reckless financing on the part of some states
under some possible conditions.
Mr. SYMON (South Australia).-My honorable friend (Mr. Holder) has put the matter with his usual
clearness, and has very convincingly shown that at any rate there is very considerable doubt as to the
question which has been exercising our minds, as to whether it would be an implied power in the
Commonwealth to come to the assistance of a state in financial straits. And, therefore, if the existence of
the power is involved in doubt, it would be exceedingly desirable that some provision-I do not say the
provision moved by my honorable friend, who is not wedded to the particular words of his amendment, or
any other-should be inserted, so as to make it clear that that power exists. Now, I was very glad to hear Mr.
Isaacs express his desire to eliminate from this discussion, although we may use the word "insolvency," all
idea of its being suggested that we contemplate the actual insolvency of any particular state. We cannot
discuss a subject like this without using the common words "bankruptcy" and "insolvency," and if we
have to speak of state bankruptcy, or state insolvency, we do not mean to impute that any state of the
Commonwealth, under any set of circumstances, is likely to repudiate its obligations.
Mr. ISAACS.-Such a thing is absolutely impossible.
Mr. SYMON.-Therefore, while we use the terms "bankruptcy" and "insolvency" as applying to a possible
state of things which we wish to avert, it is not to be imagined for a moment that we contemplate that
such a state of things is going to exist, but we mean that a state may be in such a condition of strait, or the
Treasurer of that state maybe in such a condition of administrative embarrassment, that it may be
necessary to have re-course to the Commonwealth for assistance in some shape or other. Now, I also
desire to say that I do not think it is necessary to determine, and it will be impossible for this Convention
to determine, whether or not this implied power exists in the Constitution. There might be, and no doubt
would be, a strong difference of opinion upon the subject, and even if we, assembled here, were
unanimous on the subject, that fact would not assist the final determination of the question when the
exigency arose. But I agree with Mr. O'Connor that undoubtedly in the distribution of the surplus, and in
dealing with the financial condition of the states, the Commonwealth would be animated by a desire to
see that the states were placed in a position to meet all their engagements. The difficulty which Mr. Henry
sees, and to which he directs his amendment, is as to the condition of things during the five years' intervalduring the bookkeeping period-when there is an express appropriation of the surplus moneys. During that
time Mr. Henry fears it is possible, without mentioning any particular colony, that the Treasurer of one of
the states might be unable to see his way to meet his public engagements.
Mr. REID.-He could adopt Mr. Walker's proposal for capitalizing discrepancies.
Mr. SYMON.-That is one of those delightfully scientific proposals that appeal to the mind of the statistician
and the financier more than to the mind of a humble layman, and I am sure that if there is one member of
this Convention competent to solve the problem of capitalizing a financial discrepancy it is Mr. Walker.
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However, I have pointed out what seems to me to be the difficulty to which Mr. Henry has addressed his
amendment, and I feel that Mr. O'Connor's [start page 1116] argument, powerful as it is in reference to the
condition of things after the expiration of the five years, is absolutely without force as applied to the
condition of things to which Mr. Henry's amendment is directed. But I go further than that, and I take up the
view which was dealt with by Mr. O'Connor on the broad ground-and that is the position to which I wish to
direct the attention of members of the Convention-of whether it is politic or right to introduce this
amendment into the Constitution. If this power is implied in the Constitution, then the amendment merely
asserts and makes absolutely clear a power which the Commonwealth might exercise if the necessity
arose. On the other hand, if it is not implied in the Constitution, it seems to me that it is a power that
ought to be in the Constitution, so as to enable the Commonwealth to do what I believe it would be the
disposition of the Federal Parliament to do, namely, to come to the aid of any state which sought its
interference to protect that state from financial disaster or financial strait. I admit all the possibilities on
the two grounds put by Mr. Holder-that there is a possibility of this provision leading to reckless financing
on the part of the states, and also the other ground that it imposes an obligation on the Commonwealth,
and a difficulty with which the Federal Parliament and the Federal Executive may have to deal. But those
two things do not seem to me to outweigh the advantage of having this power clearly expressed in the
Constitution, to enable the Federal Parliament to give that assistance which might be absolutely essential
to the stability and even to the existence of a particular state. Now, I will suppose the case of a state in
which such a condition of things has arisen. But again, I say, I do not believe that such a condition of
things would ever occur in any of the states of this Commonwealth. Still, suppose a state got into financial
embarrassment, and there was a tendency towards, or a talk of, repudiation, why should not the Federal
Executive and the Federal Parliament, in the interests of the Commonwealth, come to the assistance and
relief of that state? Would it not be infinitely better that the Commonwealth should exercise a power of
that kind than that it should allow a blemish to be put on the honour and good faith of the entire
Commonwealth, which would result from any one state repudiating its obligations? I admit that there are
disadvantages and inconveniences on the one side, but on the other there is the great principle that it is
the duty of the Commonwealth to maintain the existence, the integrity, and the solvency of every state.
And I do say that that is the function of the Commonwealth.
Mr. REID.-Then it had better be put in the Bill, and let the people know what they are doing. If they are
going to enter into a contract of that sort, the people had better know it.
END QUOTE
And
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Dr. COCKBURN.-The whole proposal is foreign to the spirit of the Constitution. The Constitution lays it
down that the Commonwealth is to deal equally with all the states whether it is in the matter of taxation,
of bounties, or of trade, and we may as well strike out the provision that all taxation shall be uniform
throughout the Commonwealth if we are to contemplate that after the taxation has been raised the
proceeds may be handed over to any one colony. The thing will not bear a moment's investigation, and I
hope the honorable member will not press his proposal to a division. It is a pity that the amendment has
been brought forward. There is no possibility, nor does any one contemplate the possibility, of any of the
states being in a worse financial position than they are in at the present time. On the contrary, I believe that
their financial position, good as it is now, will be infinitely improved.
END QUOTE
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The same is with s96 of the constitution that was inserted at the Premiers conference. It is not
(regardless what the High court of Australia may purport otherwise) be some way out to fund
States inappropriately, as such with the closure of Lo Yang power station in Victoria it is not for
the commonwealth to provide taxpayers monies towards those who are losing their jobs. It is a
Victorian self-inflicted problem where it sold of the power station for monies and now expect the
Federal Government to reach out to assist.
All major projects, including purchase of submarines, fighter planes, etc, all must be approved by
special Appropriation Bills as they are not and cannot be part of ordinary Appropriation Bills
because they are not part of annual expenses but special events.
I should be understood that the Section 101 of the constitution Inter-State Commission was to be
a non-political entity which was to provide funding as to trade and commerce and other matters
to which the parliament authorised it to engage in specifically as to the best interest of each
particular State concerned. What we have however is the squandering of millions of dollars by
politicians more interested in vote buying and corruptive conduct (who can forget the AWB
conduct in Iraq) ?
QUOTE Commonwealth of Australia Constitution Act 1900 (UK)
101 Inter-State Commission
There shall be an Inter-State Commission, with such powers of adjudication and administration as the
Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the
provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.
END QUOTE (Bold and red colour added by writer)
While often there are statements as to the 3 branches of Government, in my view one ought to speak of the 4
branched of nationhood.
1. The Parliament
2. The Federal Executives
3. Judiciary
4. Inter-State Commission.
give the Houses authority from time to time to put different constructions on this most important part of
the Constitution. I hope we will do as we have done in many instances before, in matters that have been
much debated-adhere to the decision we have already arrived at.
END QUOTE
HANSARD 25-2-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-But the Inter-State Commission must be absolutely independent of Parliament.
END QUOTE
. Hansard 12-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
That annulment of laws is substituted for the power of Parliament to annul these laws, because it is
thought, if these laws do derogate from freedom of trade or commerce, it might just as well be expressly
stated that they are not worth the paper they are written on. Then occurs the provision that the
Parliament may make laws constituting an Inter-State Commission. The members of this Commission
are for the purpose of executing and maintaining the Constitution in respect of its provisions relating to
trade and commerce upon railways within the Commonwealth, and upon rivers flowing in or between
two or more States. It is provided that the members of the Commission shall have a fairly secure tenure
of office, in order that they may be non-political, and not subject to dictation. They are to hold office
during good behaviour, they can only be removed by a vote of both Houses of Parliament during the
same session, and they are to hold their appointments from the Governor-General and Executive. Their
remuneration is to be determined by Parliament, and, as in the case of a judge, their salaries are not to be
subjected to decrease during their continuance of office.
END QUOTE
HANSARD 25-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. SYMON.-
When we have done this it follows that as there is an element of policy, the existence of which no one can
deny, it will be even more necessary than in the case of the Federal High Court-which is not to deal with
matters of policy, or matters tainted with policy, to use the expression of another speaker-that the
tribunal which we are creating should be above the breath of political intrigue. To secure this, I think,
some provision should be inserted similar to the provisions which we have inserted in regard to the Judges
of the High Court. Whatever may have been the case as the Bill left us after the Adelaide session, it seems to
be imperative now, to give effect to what has already been done, that we should introduce into the
Constitution provisions binding the Federal Parliament to create an Inter-State Commission, and placing the
Inter-State Commission, when created, on a level which will raise it above the possibility of the suspicion
that its judgments or actions have been in any way influenced by political considerations.
END QUOTE
.
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As such any diversion from ordinary UNIFORM funding can only be permitted by the InterState commission and not by pork barrelling by the Federal Executives or the Departments under
their control.
.
The Clinton Foundation is not for the peace, order and good government and can therefore not be
funded directly or indirectly. It seems to have to me a bribery conduct and those involved should
be charged and held legally accountable.
Moreover it shows a misuse and abuse of funding provided for general purposes and this clearly
questions if the monies ordinary allocated to any particular Department are in fact open to misuse
and abuse.
One has to question how many more Departments are misusing./misusing the funding for
ordinary yearly Departmental Appropriation to be used to fund special events not within the
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authority of the ordinary Appropriation Bills? Are ordinary Appropriation Bills generally inflated
to include non-yearly ex
With a treasurer so much about trying to cut down on spending it seems he better does his
homework and look at the Departments perhaps fraudulently inflating Departmental yearly
expenses with undeclared so to say give aways under the cover of yearly expenses.
.
Again:
Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE
Mr. ISAACS.-I should hope that the expenditure caused by a bush fire would not be part of an annual
service.
Mr. MCMILLAN.-Would it not into the Appropriation Bill?
Mr. ISAACS.-Yes; but not as an annual service.
Mr. MCMILLAN.-The annual services of the Government are those which we distinguish from special
grants and from loan services. The difficulty is that we have got rid of the phraseology to which we are
accustomed, and instead of the words Appropriation Bill, we are using the word law.
Mr. ISAACS.-A difficulty arises in connexion with the honorable members proposal to place expenditure
incurred for bush fires in the ordinary, it would not be annual, and it would not be a service.
END QUOTE
QUOTE
Jim <[email protected]>
Andrew Moyle
Gerrit H.
Today at 19:04
To
CC
MESSAGE BODY
Andrew,
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If the scope and depth of the corruption and crimes of both the Labor and Liberal coalition
parties is ever properly exposed and prosecuted, the trials and appeals of all the indicted
politicians will probably run for at least a decade. I fear by that time most of the bastards
responsible will be either too old, dead or suffering from various forms of dementia and
terminal diseases, and thus incapable of being held legally accountable and imprisoned.
Even if the Australian people are unable to convict and imprison some of the guilty
politicians due to extreme old age, death, mental health issues etc., their properties, wealth
and assets ought to be confiscated and returned to the people, and their names and
images should be forever recorded in the public records as the corrupt criminals they
truly are.
I would enjoy seeing a hardcover publication containing the names, faces and detailed
descriptions of all the corruption and crimes perpetrated by every Prime Minister, Cabinet
Minister and politicians since the second world war, with copies required by law to be held in
every academic and public school and library in Australia.
The worst of the offenders should have their images and crimes summarily displayed on a
"wall of corruption and shame" in every state and federal parliament, so that both currently
serving politicians and public visitors are constantly reminded of what political corruption
and crime has cost our nation and people.
I expect not many politicians would want to end up publicly immortalised as criminals, and
have their family names forever associated with corruption and crime.
As for Bill and Hillary Clinton, if there is an afterlife hell then Satan must be anxiously
looking forward to welcoming them into his realm, and rewarding them with all kinds of
hellish "entertainment" for all eternity. However if there is no hell but karma
and reincarnation exist, then I suppose they will be spending many of their future lives
making restitution for all their immoral, unethical and criminal acts.
Jim
Hey Jim,
Just giving you the heads up on info I have just discovered. I will need to nail down the exact figures and that may
be through an FOI request but it would appear that the Australian Agency for International Development, a
department of our department of foreign affairs, gave the Clinton Foundation somewhere up to 25 million dollars
and the Commonwealth of Australia also gave the Clinton Foundation up to 10 million. So these criminals in our
federal government have handed over up to $35,000,000 of your and my hard earned tax dollars so the Clintons
can have their own jets and live in luxury. The Clinton foundation paid for Chelsea Clintons $3,000,000 New York
apartment.
I wonder if they are going to ask for it back now the corruption of the Clinton Foundation has been exposed and
was that a case of pay to play. Money from the Clinton Foundation is also being used to fund her election
campaign and it is illegal in the USA to accept foreign donation for elections. Does that mean our Government is
interfering in a foreign election?
More to come.
Andrew
END QUOTE
I had my say, now see if we got members of parliament so to say with some balls who will not
accept this rot and rorting and will demand answers and those who violate embedded legal
principles in the constitution will be held legally accountable.
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)
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