CHAPTER 1

TRANSITION

 

A. An official referendum will be held for the adoption of this Constitution, which will be conducted under the existing rules of requiring a majority of the eligible voters and a majority of the States to approve its adoption. A simultaneous referendum will also be held to ask the people which title they prefer for the Head of State, Governor General, or President, and automatically, Governor or Vice President for the States. The result of this simultaneous referendum will be decided on the basis of the nationwide majority vote without the majority of the States being required.

B. The acceptance of this Constitution represents a formal declaration of Australia as an independent nation and thus severing all political and monarchical ties with the United Kingdom. This act of severance shall apply to each State and Territory of Australia, irrespective of whether the State voted in favour of the Constitution or not.

C. With the adoption of this new Constitution there will be a transition period until new elections are completed for all Federal Parliamentary seats and the successful candidates sworn in. During this transition period the established Commonwealth and State Parliamentary Governments and bureaucratic instrumentalities will remain in place and function as normal. No changes shall be made to either the State or Commonwealth bureaucratic personnel, or normal operating procedures.

D. The existing Commonwealth Government and bureaucracy shall become an Interim Government and bureaucracy until the transition phase is complete.

E. The State Governments and bureaucracies shall continue to function as normal, but as the new Constitution affects the regal appointment of the State Governors, as well as the Governor General, this will require changes to each of the State Constitutions. The States shall be given three months to appoint a Vice President/Governor by the two thirds majority vote of their respective State Parliaments, as provided for in Section 17 of this Constitution. The States shall then proceed to implement the appropriate changes relating to the monarchy, as applicable to their respective Constitutions and to their legislation. As that change over will be a long and complex procedure, the States can provide blanket legislation to cover the reinterpretation of regal terminology as an interim measure.

F. As part of the transition period, the existing State Governors shall participate as interim Australian Council members.

G. The Interim Commonwealth Government is not authorised to initiate any new legislative bills after the adoption of this Constitution, but may continue with business in progress. Such business would then come under the auspice of the newly formed Australian Council at the expiration of the transition period.

H. On the adoption of this new Constitution, The Governor General shall become the Acting Head of State, and within 30 days following the finalisation of the Referendum results, he/she shall convene a meeting of the six existing State Governors at the Government House in Canberra. This meeting will represent the inaugural meeting of the interim Australian Council under the conditions as defined in Chapter 2 Part 3 of this Primary Law. The interim Council shall declare a date for new Federal elections at an agreed time within six months from the adoption of the Constitution. All existing Parliamentary seats shall be declared vacant, as of the agreed date for elections. A period of one month shall be allowed for election campaigning. The elections will be held under the currently established procedures, with respect to electorates and voting, but may be qualified according to the provisions specified in this Constitution. Any such qualifications will be set out in the writs provided by the interim Australian Council and signed by the Acting Head of State.

I.  Upon convening this inaugural meeting, the existing Governor General, will make available suitable facilities and staff of the office for the temporary use of the interim Council members.

J.  The Governor General, as the Acting Head of State for the independent Australian nation, shall chair this inaugural meeting, as per the provisions as set out in Section 26 of this Constitution. All existing staff and facilities of the Government House will remain in place until the official Head of State takes up residence, and thereafter, at his/her discretion.

K. The existing Governor General, and each State Governor, whose appointments are dependent on the authority of the Queen (or King as the case may be) shall formally submit their resignation to that authority when the States select and appoint their replacement Vice President/Governor, as per Section E above. The Governor General will submit his formal resignation after chairing the inaugural official Australian Council meeting and the selection of the official Head of State from their membership, as per Section 22 of this Constitution. Mutually agreed arrangements will be made between the Governor General and the official Australian Council regarding vacating Government House, and including approved remuneration for any truncated term of office. Similar arrangements shall be required in each of the States for the handing over of the Governor’s office.

L. In the interim period between the Referendum and the completion of the above Federal election and instillation of the new Parliament, the Reserve Bank of Australia shall guarantee continued funding according to the approved budgetary expenditure from the previous or interim Government, as applicable, for the functioning of all existing Federal Government services and facilities.

M. The Transition period shall expire when the following functions are complete, (a) The official Australian Council is established and sworn into office as per the Oaths of Office listed in Schedule 1 of this Commonwealth Constitution, (b) The Head of State is chosen and appointed from the Council’s membership, and sworn into office by the Chief Justice of the High Court of Australia, as per Schedule 1, (c) After each newly elected member of the Federal Parliament is duly sworn into office, as per Schedule 1, the official opening of Parliament shall be conducted by the Head of State.

     From that point, the Transition period shall be declared expired.

N. At no time will the independent nation of Australia be without an Official or Acting Head of State, nor without the normal functioning of the established State and Commonwealth bureaucracies.

O. This part of Chapter 1 will become redundant, as from the opening of the newly elected Federal Parliament. If deemed appropriate, Parliament can then remove it from any subsequent publications of this Constitution without the unnecessary requirement of a referendum, but it will remain on record in Hansard.