Live stream from 29th June 2023, Rod Culleton questions Department of Premier and Cabinet over validity of process, and thus law, Western Australia Constitution Act 1889, s2 Legislature, and Western Australia Interpretation Act 1984.
OFFICIAL NOTICE_WA_Parliament (pdf)
From the Notice:
Questions for Answer
1) In order to become binding law on the people of Western Australia, has the Aboriginal Culture Heritage Act 2021(ACT), fully satisfied the Democratic requirements to overcome the prohibition at ss 2(2)(3) Constitution Act 1889 (WA), in order to become valid law?2) Notwithstanding the effects of COVID, what evidence can be provided by your department validating official notice of the proposed Act to each registered property owner listed on the “Registry of Title” at Landgate;
3) Will the proclamation of the Aboriginal Culture Heritage Act 2021 be in full compliant to s 5 Interpretation Act 1984 for Royal Assent, being the executive power of the United Kingdom?
4) How may this Act override the rights of a Bona Fide proprietor (Fee Simple) pursuant to s 63 Transfer Land Act 1889 (TLA)?
5) What evidence does the WA Government rely on in order to grant a “right of claim” to any third party to trespass on the rights of a property owner protected by indefeasibility at law? And
6) How may the land of a bona Fide Proprietor be liable to a said Act that has not fulfilled the requirements of s 58 Transfer Land Act 1889 (including, but not limited to, ss20 to 62 TLA and s 37 (1) ((a) to (f)),(2) Interpretation Act 1984 ?
Western Australia Constitution Act 1889
Constitution Act 1889 (pdf)
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_185_homepage.html (URL)
2. Legislature to be constituted in Western Australia
(1) There shall be, in place of the Legislative Council now subsisting, a Legislative Council and a Legislative Assembly:
and it shall be lawful for Her Majesty, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, order, and good Government of the Colony of Western Australia and its Dependencies: and such Council and Assembly shall, subject to the provisions of this Act, have all the powers and functions of the now subsisting Legislative Council.
(2) The Parliament of Western Australia consists of the Queen and the Legislative Council and the Legislative Assembly.
(3) Every Bill, after its passage through the Legislative Council and the Legislative Assembly, shall, subject to section 73, be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.
Western Australia Interpretation Act 1984, Part II, s5, Terms used in written laws.
“Her Majesty, His Majesty, Queen, King, or Crown means the Sovereign of the United Kingdom, Australia and Her other Realms and Territories, and Head of the Commonwealth and includes the predecessors and the heirs and successors of the Sovereign;”
Transfer of Land Act 1893 (current)
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a829_currencies.html
58. Instruments not effectual until registered
No instrument until registered in manner herein provided shall be effectual to pass any estate or interest in any land under the operation of this Act or to render such land liable to any mortgage or charge or to make any dealing in respect of Crown land effective, as the case requires; but upon such registration the estate or interest comprised in the instrument shall pass or as the case may be the land shall become liable in manner and subject to the covenants and conditions set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature, or the dealing in respect of Crown land is made effective, as the case required.
[Section 58 amended: No. 81 of 1996 s. 32; No. 31 of 1997 s. 97.]
62. Notice to be published before effect given to order
(1) Before making any such order the court or judge or Commissioner shall cause notice of the intention so to do to be advertised once at least in one newspaper published in the city of Perth or circulating in the neighbourhood of the land and shall appoint a time within which it shall be lawful for any person interested to show cause against such order being made.
Black’s Law Dictionary
Lawyer
A person learned in the law; as an attorney, counsel, or solicitor. Any person who, for fee or reward, prosecutes or defends causes in courts of record or other judicial tribunals of the United States, or of any of the states, or whose business it is to give legal advice in relation to any cause or matter whatever.
Lawyer noun
One who is versed in the law, or is a practitioner of law; one whose profession is to prosecute or defend suits in courts, or advise clients as to their legal rights, and aid them in securing those rights. It is a general term, comprehending attorneys, counselors, solicitors, proctors, barristers, Serjeants, and advocates.
