CHAPTER 1

PART 2

THE AUSTRALIAN COUNCIL

14. The institution of the Australian Council is hereby established as the supreme, non-political authority for the Australian nation, on the basis that Australian is a federation of the six States, New South Wales, Victoria, Queensland, Tasmania, South Australia and Western Australia. Provision is provided for the Territories of Canberra and Northern Territory to be included in the Council subject to the conditions contained in this Constitution.

15. The Australian Council shall, in principle, replace the Monarchy and the British Crown in all aspects whatsoever of Australian life and property.

16. Depending on the choice of title for the nation’s Head of State, the Australian Council shall consist of the State Governors, or Vice Presidents, of the six Australian States, each of whom shall be chosen and appointed according to this Constitution

17. As the current State Governors are appointed by the Queen, they shall be placed in accordance with the process set out in this Constitution. Each State legislature, whether consisting of one or two Houses of Parliament, shall hold joint sittings, as applicable; to select and nominate a suitable replacement by a vote of at least 65% of the total elected members. No business of any State Parliament shall proceed until a replacement Governor/Vice President is selec

18. The chosen candidate shall then be sworn into office by the Acting Head of State as chosen by the interim Council during the transition period. Once this swearing in is completed, the position of Acting Head of State shall  cease and the official Head of State shall be chosen according to Chapter 1 Part 3, Section 38.

19. Whenever the population of Australian citizens exceeds one million for either of Australia’s Territories, or when either Territory should become a State, as provided for in Chapter 5 Part 2, those Territories/States shall be entitled to select, appoint and remunerate, with the approval of two thirds of their elected Parliamentary members, a Representative to join the Australian Council.

20. In the event of a Territory, or a newly created state, being in the position to appoint a member to the Council, that member shall have all the rights and authority applicable to each State member, including being nominated as  Head of the Nation.

21. All existing Australian Acts of all the Parliaments of the Commonwealth and the States and Territories are to be progressively amended to replace the words ‘Monarch’, ‘Sovereign’, ‘Queen’, ‘Crown’ or any other words to the same effect, with the words ‘the Australian Council’. Until such amendments are complete, the relevant words shall be interpreted as meaning “the Australian Council”.

22. Within thirty days from the adoption of this Constitution, or the termination of the Head of State’s appointment, the existing State Governors/Vice Presidents shall convene a meeting at the Government House in Canberra,  to elect one of their members to assume the position of Australia’s Head of State. The election shall be by unanimous agreement, or secret ballot, until one member is selected by a clear majority.

23. The designated title for the Head of State shall be determined by a majority vote at a referendum of the Australian people to be held in conjunction with the referendum for the adoption of this Constitution, as provided for in Chapter 1 Part A.

24. Upon the election of a State Governor/Vice President, or a Territory Representative, to become the Head of the Australian nation, that person will resign their current position and the State or Territory will appoint a replacement, who would then become a member of the Australian Council.

25, The conditions, duties and responsibilities associated with Australia’s Head of State are contained in Chapter 1 Part 3

26. The newly elected Head of State will take up the position as Chairperson of the Australian Council, but will not have a casting vote in the event of any evenly spilt decisions, under which circumstances; the decision will be decided in the negative. The Chairperson is denied a casting vote to prevent decisions being based on the views of a single person. It will also negate any potential influence relating to the prestige and status as Head of the Nation. This condition will still apply if a Territory appoints a member which results in a Council of seven members plus the Chairperson.

27. In the event the Chairperson is not available to attend, or participate in a scheduled Council meeting, the members shall select a replacement temporary Chairperson for the duration of the meeting, along with that member’s voting rights. Modern communications can allow the official Chairperson to participate without being physically present at the meeting.

28. The salaries and special conditions relating to the State Governors/Vice Presidents will remain in place, but in line with their dual responsibilities associated with membership of the Australian Council, the Commonwealth Government will recompense each Council member with a twentyfive percent loading on their existing remuneration from the State or Territory, as well as covering all cost and expenses relating to their Council responsibilities.

29. The members of the Australian Council shall be prohibited from receiving any other remuneration, or inducements, during their service on the Council, but neither shall their salary and conditions be reduced during their term on the Council.

30. It is recognised that there can be variations in the timing and duration of State Governor/Vice President appointments, and a possible Territorian appointment, but on the expiration of any appointment, the Council membership will be automatically replaced by the newly appointed State Governor/Vice President, or Territory representative.

31. The Australian Council shall meet at least once a month, and a permanent schedule will be agreed by mutual consent, to establish the time, date and place of future meetings. The meetings shall be by agreed rotation in the meeting, but the Council may hold other meetings, as required by circumstances and events.

32. The Australian Council has the authority to resolve any controversial or political crisis, ideally by negotiation, but with the provision that the Council has the ultimate authority in the case of an unresolved crisis, to send the issue back to the people to vote at a new election.

33. The Australian Council has the responsibility for authorising the Head of State to assent to Parliamentary legislation, but only after it has been confirmed by a majority of the Council as being compatible with this Constitution. The Australian Council does not have the authority to approve any legislation that seeks to deny or revoke the princples inherent in the common Law Charters and enactments referenced in Section 6 above.

34. The Australian Council shall have a period of not more than 90 days for deciding on assent of any Commonwealth Parliamentary legislation, but if assent is not given, the legislation shall be returned to Parliament, with a public statement detailing the reservations why assent is not granted.  Parliament can either amend the legislation or withdraw it completely.

35. The Australian Council shall be the ultimate authority in the observance of          this Constitution as related to:

     a. All the Courts of the Commonwealth including the States and Territories

     b. All Federal Government Departments.

     c. All Police Services including Federal, State and Territories.

     d. The Government Departments of all State and Territories to the extent they must          comply with the provisions of this Constitution.

     e. The Australian Council shall act as a body of last resort in relation to any High Court decisions, other than in a case involving impeachment. Within period of ninety days from any High Court decision, the Council shall  have the authority to consider any formal appeal, and if found justifiable by the majority of the Council, it can instruct the High Court to review its decision, based on the published reasons why the Council finds a conflict with the Constitution’s intent and purpose. Any subsequent unanimous decision by the High Court shall be binding.

 The Council shall decide on the acceptability and legitimacy of any issues brought before it, and shall have the authority to make public their recommendations, which the relevant authorities shall then be obliged to act upon. 

The Council is not granted any executive powers to enforce their recommendations in relation to any considered issue, but no pending  action in relation to the issue shall proceed until the recommendations are addressed and the issue resolved between the appropriate authorities and the party or parties concerned.  

36. Should any position on the Australian Council become vacant for any reason, the relevant State or Territory Parliament shall choose a replacement according to the procedures in place for appointing their nominee.

37. A quorum for every Australian Council meeting shall be a minimum of five members, but if a quorum is not available, a new meeting will be convened  within seven days of the initially scheduled meeting.