Parliamentary Debates (HANSARD)
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What the Crown May Do
WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities. -
Institute of Commonwealth Studies
University of London INSTITUTE OF COMMONWEALTH STUDIES VOICE FILE NAME: The Hon. Michael Kirby SO: Sue Onslow (Interviewer) MK: Michael Kirby (Respondent) SO: This is Sue Onslow talking to the Honourable Michael Kirby in Sydney on Friday, 28th March, 2014. Mr Kirby, thank you very much indeed for agreeing to take part in this oral history project. I wonder if you could begin by reflecting, Sir, on the establishment of the Eminent Persons’ Group of 2009-2010? Obviously, this came out of the Port of Spain affirmation in 2009, but I wondered if you could lay some background of how you came to be appointed to that group? MK: I’m not sure how the appointment came about. Sometimes it’s better not to know how appointments to national or international bodies occur. However, I was approached, first, I think, by a representative of the Australian government to ask if I would serve; then I received a letter from the Secretary- General, Mr Sharma, and he invited me to serve. I then accepted, and I served. But I’m not aware of the steps that were taken to secure my appointment. They may have arisen out of the fact that I had taken quite an active part over the years in the work of the Legal and Constitutional Affairs Division of the Commonwealth. I had contributed repeatedly to the Commonwealth Law Bulletin. I had gone repeatedly to Commonwealth Law conferences, and presented papers at them. I had not been a member of the political activities of the Commonwealth, but of basically the legal and support systems of the Commonwealth, which is often where it does its best work. -
Ordinary Council Information Bulletin November 2019
COUNCIL INFORMATION BULLETIN November 2019 November 2019 Council Information Bulletin PAGE 2 City of Rockingham Council Information Bulletin November 2019 TABLE OF CONTENTS Planning and Development Services Bulletin 11 1. Health Services 11 1. Health Services Team Overview 11 2. Human Resource Update 11 3. Project Status Reports 11 3.1 FoodSafe 11 3.2 Industrial and Commercial Waste Monitoring 11 3.3 Mosquito Control Program 12 3.4 Environmental Waters Sampling 13 3.5 Food Sampling 14 4. Information Items 14 4.1 Food Recalls 14 4.2 Food Premises Inspections 14 4.3 Public Building Inspections 15 4.4 Outdoor Event Approvals 15 4.5 Permit Approvals 16 4.6 Complaint - Information 17 4.7 Noise Complaints – Detailed Information 17 4.8 Health Approvals 17 4.9 Septic Tank Applications 18 4.10 Demolitions 18 4.11 Swimming Pool and Drinking Water Samples 18 4.12 Rabbit Processing 18 4.13 Hairdressing and Skin Penetration Premises 18 2. Building Services 19 1. Building Services Team Overview 19 2. Human Resource Update 19 3. Project Status Reports 19 4. Information Items 19 4.1 Monthly Building Permit Approvals - (All Building Types) 19 4.2 Other Permits 20 4.3 Monthly Caravan Park Site Approvals 20 3. Compliance and Emergency Liaison 21 1. Compliance and Emergency Liaison Team Overview 21 2. Human Resource Update 21 3. Project Status Reports 21 3.1 Refurbishment of the New Compliance Services Building 21 4. Information Items 22 4.1 Ranger Services Action Reports 22 4.2 Pet Registration Drive Project 23 4.3 Building and Development Compliance 23 4.4 Land Use - Planning Enforcement 24 November 2019 Council Information Bulletin PAGE 3 City of Rockingham Council Information Bulletin November 2019 TABLE OF CONTENTS 4.5 Emergency Management and Fire Prevention 26 4.6 CRM - October 2019 26 4.7 Fire Management Plans 26 4.8 Fire Control Notice 26 4.9 Firebreak Inspections 26 4.10 Fire and Rescue Service Urban Bushland Plans 26 4.11 SmartWatch Key Result Areas 26 4. -
February 2010 VOL
Registered by AUSTRALIA POST NO. PP607128/00001 THE February 2010 VOL. 33 No.1 The official journal of The ReTuRNed & ServiceS League OF austraLia POSTAGE PAID SURFACE ListeningListeningWa Branch incorporated • PO Box 3023 adelaide Tce, Perth 6832 • est. 1920 PostPostAUSTRALIA MAIL Toodyay Remembered RSL gratefully acknowledges the financial support from the Veteran Community and the Aged Fund. Australia Day Legal How I Readers Awards Loopholes Lost Weight Satisfactory Page Page Page Survey 15 Legal Loopholes 21 22 Page 28 Rick Hart - Proudly supporting your local RSL Belmont 9373 4400 COUNTRY STORES BunBury SuperStore 9722 6200 AlBAny - kitcHen & LaunDrY onLY 9842 1855 CIty meGAStore 9227 4100 Broome 9192 3399 ClAremont 9284 3699 BunBury SuperStore 9722 6200 JoondAlup SuperStore 9301 4833 kAtAnnInG 9821 1577 mAndurAh SuperStore 9586 4700 Country CAllerS FreeCAll 1800 654 599 mIdlAnd SuperStore 9267 9700 o’Connor SuperStore 9337 7822 oSBorne pArk SuperStore 9445 5000 VIC pArk - Park Discount suPerstore 9470 4949 RSL Members receive special pricing. “We won’t be beaten on price. I put my name on it.”* Just show your membership card! 2 The ListeNiNg Post February 2010 Delivering Complete Satisfaction Northside 14 Berriman drive, wangara phone: 6400 0950 09 Micra 5 door iT’S A great movE automatic TiidA ST • Powerful 1.4L engine sedan or • 4 sp automatic hatch • DOHC • Air conditioning • Power steering • CD player # # • ABS Brakes • Dual Front Airbags $15,715 $16,490 • 6 Speed Manual # dRiveaway# Applicable to TPI card holders only. Manual. Metallic colours $395 extra dRiveaway Applicable to TPI card holders only. Manual. Metallic colours $395 extra movE into A dualiS NAvara turbO diesel ThE all new RX 4X4 dualiS st LiMited stock # # • ABS Brakes • Dual Airbags • CD Player • Dual SRS Airbags , $35,490 • 3000kg Towing Capacity $24860 • Air Conditioning # dRiveaway# Applicable to TPI card holders only. -
Loi D'interprétation
CANADA CONSOLIDATION CODIFICATION Interpretation Act Loi d’interprétation R.S.C., 1985, c. I-21 L.R.C. (1985), ch. I-21 Current to September 22, 2021 À jour au 22 septembre 2021 Last amended on August 3, 2021 Dernière modification le 3 août 2021 Published by the Minister of Justice at the following address: Publié par le ministre de la Justice à l’adresse suivante : http://laws-lois.justice.gc.ca http://lois-laws.justice.gc.ca OFFICIAL STATUS CARACTÈRE OFFICIEL OF CONSOLIDATIONS DES CODIFICATIONS Subsections 31(1) and (2) of the Legislation Revision and Les paragraphes 31(1) et (2) de la Loi sur la révision et la Consolidation Act, in force on June 1, 2009, provide as codification des textes législatifs, en vigueur le 1er juin follows: 2009, prévoient ce qui suit : Published consolidation is evidence Codifications comme élément de preuve 31 (1) Every copy of a consolidated statute or consolidated 31 (1) Tout exemplaire d'une loi codifiée ou d'un règlement regulation published by the Minister under this Act in either codifié, publié par le ministre en vertu de la présente loi sur print or electronic form is evidence of that statute or regula- support papier ou sur support électronique, fait foi de cette tion and of its contents and every copy purporting to be pub- loi ou de ce règlement et de son contenu. Tout exemplaire lished by the Minister is deemed to be so published, unless donné comme publié par le ministre est réputé avoir été ainsi the contrary is shown. publié, sauf preuve contraire. -
Michael Nash, the Removal of Judges Under the Act of Settlement
PLEASE NOTE This is a draft paper only and should not be cited without the author’s express permission The Removal of Judges under the Act of Settlement (1701) Michael Nash This paper will consider the operation of the Act, the processes adopted, and the consequential outcomes. It is perhaps worth considering for a moment how important in consequence the Act was. And yet how little enthusiasm there was for it at the time, and how its passing was, in the words of Wellington later, “a damn near thing”. The Act only passed Parliament narrowly. It is said that it was carried by one vote only in Committee in the House of Commons. It is certain that the Act itself passed in the House of Commons “nemine contradicente” on May 14, 1701, but the Bill was but languidly supported. Many of the members, never more than 50 or 60 (out of a full house of 513) appear to have felt that the calling of a stranger to the throne was detestable, but the lesser of two evils. So the Bill was passed by 10% of the members. The passing of the Act is surrounded by myth, and records were then imperfectly kept, but Sir John Bowles, who introduced the Bill, was described as “a member of very little weight and authority”, who was even then thought to be disordered in his mind, and who eventually died mad! (1) Some of the great constitutional documents have been considered in a similar light: for example, the Second Reform Act in 1867. Smith, in a history of this Act, concludes that the bill survived “because a majority of the members of both Houses…dared not throw it out. -
Fixed-Term Parliaments Act
House of Commons House of Lords Joint Committee on the Fixed-Term Parliaments Act Report Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 18 March 2021 Ordered by the House of Lords to be printed 18 March 2021 HC 1046 HL 253 Published on 24 March 2021 by authority of the House of Commons and House of Lords Joint Committee on the Fixed-Term Parliaments Act The Joint Committee was appointed to: (a) carry out a review of the operation of the Fixed-term Parliaments Act 2011, pursuant to section 7 of that Act, and if appropriate in consequence of its findings, make recommendations for the repeal or amendment of that Act; and (b) consider, as part of its work under subparagraph (a), and report on any draft Government Bill on the repeal of the Fixed-term Parliaments Act 2011 presented to both Houses in this session. Membership House of Lords House of Commons Lord McLoughlin (Chair) (Conservative) Aaron Bell MP (Conservative, Newcastle- under-Lyme) Lord Beith (Liberal Democrat) Chris Bryant MP (Labour, Rhondda) Lord Grocott (Labour) Jackie Doyle-Price MP (Conservative, Lord Jay of Ewelme (Crossbench) Thurrock) Baroness Lawrence of Clarendon (Labour) Dame Angela Eagle MP (Labour, Wallasey) Lord Mancroft (Conservative) Maria Eagle MP (Labour, Garston and Halewood) Peter Gibson MP (Conservative, Darlington) Mr Robert Goodwill MP (Conservative, Scarborough and Whitby) David Linden MP (Scottish National Party, Glasgow East) Alan Mak MP (Conservative, Havant) Mrs Maria Miller MP -
81-Demise-Of-The-Crown.Pdf
SOUTH AUSTRALIA EIGHTY-FIRST REPORT of the LAW REFORM COMMITTEE of SOUTH AUSTRALIA to THE ATTORNEY-GENERAL RELATING TO THE DEMISE OF THE CROWN The Law Reform Committee of South Australia was established by Proclamation which appeared in the South Australian Government Gazette of 19th September, 1968. The present members are: THEHONOURABLE MR. JUSTICEZELLING, C.B.E., Chairman. THEHONOURABLE MR. JUSTICEWHITE, Deputy Chairman. THEHONOURABLE MR. JUSTICELEGOE, Deputy Chairman. M. F. GRAY,Q.C., S.-G. P. R. MORGAN. D. F. WICKS. G. F. HISKEY,S.M. The Secretary of the Committee is Miss J. L. Hill, c/o Supreme Court, Victoria Square, Adelaide 5000. EIGHTY-FIRST REPORT OF THE LAW REFORM COMMITTEE OF SOUTH AUSTRALIA RELATING TO THE DEMISE OF THE CROWN To: The Honourable C. J. Sumner, M.L.C., Attorney-General for South Australia. Sir, You referred to us for report the topic of a general Demise of the Crown Act for South Australia and we now report as follows:- "Demise of the Crown" is defined in Jowitt's Dictionary of English Law as "the death of the sovereign,. an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual. A demise of the Crown may occur on the death of the sovereign or on his being deposed". Since the reign of Edward VIII that definition has now to be expanded by the inclusion of abdication as a deemed demise of the Crown. -
Canadian Monarchist News Les Nouvelles Monarchiques Du Canada Summer/Été 2019 — No
Canadian Monarchist News Les Nouvelles Monarchiques du Canada Summer/Été 2019 — No. 46 An occasional Newsletter for members and friends of The Monarchist League of Canada The Monarchist League of Canada / La Ligue Monarchiste du Canada, PO Box 1057, Lakeshore West PO, Oakville, Ontario, Canada L6K 0B2 905-855-7262 (800) 465-6925 www.monarchist.ca THE MONARCHIST LEAGUE OF CANADA – 49th ANNIVERSARY 1970-2019 Monarchist League sole supplier of Colour Lithos of Queen FEDS END QUEEN PICTURE DISTRIBUTION, SUBSTITUTING DOWNLOADS Report & Commentary this way, the visible presence of our by Robert Finch, Mon arch, and so the reflection of Dominion Chairman, the our constitutional reality, have be- Monarchist League of Canada come deeply imprinted on the con- sciousness of our citizenry. For many years, the Government The eve of producing a new “of fi - of Can ada, via the Department of cial” photo portrait of The Queen – Canadian Heritage, and its predeces- the current one dates from 2010, and sor, the Department of Secretary of was taken for the Diamond Jubilee State, has made lithographs – colour celebrations here in 2012 – found photographs printed on coat ed stock Can adian Heritage discontinue its – available without charge to Cana- long standing distribution. In its task dians. Regularly updated to reflect of promoting our heritage, which the inevitable processes of time, these one might have thought was at once constitute the great majority of images a privilege and duty in our Realm – of our Sov ereign which you and I and, citing cost and environmental are accustomed to see in fire halls considerations, the Department told and police stations, municipal council Canadians they would henceforth chambers and Legion halls, our em- need to access its website from which bassies abroad and ports of entry to they could download and then print Canada, not to men tion many other for themselves the picture of The public places and in homes and uni- Queen. -
Draft Heritage Assessment Which Includes the Proposed Statement Of
REGISTER OF HERITAGE PLACES DRAFT – Register Entry 1. DATA BASE No. 526 2. NAME Oliver Hill Battery, Wadjemup/Rottnest Island FORMER NAME (or OTHER NAMES) Oliver Hill 3. LOCATION Oliver Hill, Wadjemup/Rottnest Island 4. DESCRIPTION OF PLACE INCLUDED IN THIS ENTRY Part of Reserve 16713 comprising portion of Lot 10976 on Deposited Plan 216860 being part of the land contained in Crown Land Title Volume LR3096 Folio 976. 5. LOCAL GOVERNMENT AREA City of Cockburn 6 CURRENT OWNER State of WA (Responsible Agency: Department of Biodiversity, Conservation and Attractions; Management order: Rottnest Island Authority) 7. HERITAGE LISTINGS • Register of Heritage Places: Interim 03/07/1992 • National Trust Classification: Classified 08/02/1980 • Town Planning Scheme: ---------------- • Municipal Inventory: ---------------- • Register of the National Estate: Permanent 28/09/1982 • Aboriginal Sites Register ---------------- 8. ORDERS UNDER SECTION OF THE ACT ----------------- 9. HERITAGE AGREEMENT ----------------- 10. STATEMENT OF SIGNIFICANCE Oliver Hill Battery, Wadjemup/Rottnest Island, comprising two 9.2 inch breech loading guns, H1 (installed 1937) and H2 (installed 1938), and their emplacements (1937), and underground facilities; Engine Room; Fortress and Battery Plotting Register of Heritage Places Oliver Hill Battery, Wadjemup/ Rottnest Island 1 Place Assessed July 1992 Documentation amended: July 2010; October 2020, January 2021 Room (1938); railway lines and paths; remnant structures; and archaeological elements associated with the 1936 to -
Her Majesty at 80: Impeccable Service in an Indispensable Office
1 HER MAJESTY AT 80: IMPECCABLE SERVICE IN AN INDISPENSABLE OFFICE by David Flint Foreword by Tony Abbott, MP Australians for Constitutional Monarchy 2 ©2006 by David Flint HER MAJESTY AT 80: IMPECCABLE SERVICE IN AN INDISPENSABLE OFFICE ISBN Printed by Cover Design: Phuong Van Published 2006 by Australians for Constitutional Monarchy Level 6, 104 Bathurst Street, Sydney 2000 3 HER MAJESTY AT 80: IMPECCABLE SERVICE IN AN INDISPENSABLE OFFICE David Flint Foreword by Tony Abbott, MP Australians for Constitutional Monarchy 4 FOREWORD by the Hon. Tony Abbott, MP In this monograph, Professor Flint does more than just lay out the now well-understood arguments against becoming a republic. He also articulates compelling reasons for remaining a monarchy. The case against any particular form of republic is a strong one, as the 1999 referendum result demonstrated. The case for the monarchy is equally strong but much less frequently put as it relies on instincts which are deeply felt but not so easy to justify in a relentlessly utilitarian age. The monarch is both a living human being and an official functionary deeply entrenched in Australia's institutional arrangements. The monarch is a body natural and a body politic, as Flint clearly and concisely outlines. The monarch's primary role is to provide a political personality above and beyond politics. In Australia, this role is mostly discharged by the governor-general. It is hard to conceive of an elected or appointed president acting with the dignity and restraint that has so far characterised our governors-general, including those who have been ex-politicians. -
CHAPTER 1 5 ABDA and ANZA CN the Second World
CHAPTER 1 5 ABDA AND ANZA C N the second world war the democracies fought at an initial disadvan- Itage, though possessing much greater resources than their enemies . Britain and the United States had embarked on accelerated rearmamen t programs in 1938, the naval projects including battleships and aircraf t carriers ; but this was a delayed start compared with that of Germany an d Japan. Preparing for munitions production for total war, finding out wha t weapons to make, and their perfection into prototypes for mass produc- tion, takes in time upwards of two decades . After this preparation period, a mass production on a nation-wide scale is at least a four-years' task in which "the first year yields nothing ; the second very little ; the third a lot and the fourth a flood" .' When Japan struck in December 1941, Britai n and the British Commonwealth had been at war for more than two years . During that time they had to a large extent changed over to a war economy and increasingly brought reserve strength into play . Indeed, in 1940, 1941 and 1942, British production of aircraft, tanks, trucks, self-propelled gun s and other materials of war, exceeded Germany 's. This was partly due to Britain's wartime economic mobilisation, and partly to the fact that Ger- many had not planned for a long war. Having achieved easy victories b y overwhelming unmobilised enemies with well-organised forces and accumu- lated stocks of munitions and materials, the Germans allowed over- confidence to prevent them from broadening the base of their econom y to match the mounting economic mobilisation of Britain .