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THE FINAL COUNTDOWN
DIGITAL EDITION
THOMAS ANDERSON
BOOK 8
NOTE: This digital version of the original book contains a unique pixel-matrix code
within certain images to identify the purchaser, in the event of unauthorised filesharing.“Every man is independent of all laws except those prescribed by
nature. He is not bound by any institutions formed by his fellow
men without his consent.”
Cruden v Neale
"The root principle of the English law about jurisdiction is that the
judges stand in the place of the Sovereign in whose name they
administer justice, and that therefore whoever is served with the
King's writ, and can be compelled consequently to submit to the
decree made, is a person over whom the Courts have jurisdiction"
Mobil Oil Australia Pty Ltd v Victoria [2002] HCA 27
“When justice is gone, there’s always force.”
Laurie Anderson (Oh Superman)
“The Laws of Nature are absolute and unchangeable. Everything
else is foreign. They are merely the policies of private corporations
and their controllers that I do not consent to.”
Thomas Anderson (The Classified Files)INDEX
5. INTRODUCTION
10. THE COMING GLOBAL DEPRESSION
13. COLONIAL SLAVE OR FREEMAN
15. THE CROWN CORPORATION
26. OBEDIENT SERVANTS
29, WHAT STATE ARE YOU IN?
32. MICRO NATIONS
33, CORONATION CONTROVERSY
37. LETTER TO THE GOVERNOR GENERAL,
38, LETTER FROM WESTMINSTER ABBEY
42, REGISTRATION INVESTIGATION
43. KINGS BENCH
45. ORDER OF THE GARTER
47. KNIGHTS TEMPLAR AND THE BANKING SYSTEM
50. SECURITISATION 101 - STEP BY STEP GUIDE
62. BANK CLASS ACTIONS AND THE IMF
65. IS PPSR THE NEW UCC?
66. ABS AND CENSUS AUTHORITY
72. BIRTH CERTIFICATES VS MEDICARE,
75. OSWALD REVISITED
79. CLOUDBUSTING
90. ZION AND THE OLYMPIC DEVIL MASCOT
92. COSMIC TOP SECRET
99. 2012 - THE FINAL COUNTDOWN
100. THE MYSTERY OF PUMA PUNKU.
107: THE END
108. MAIL CERTIFICATION LETTER
109. BUMPER STICKERS AND T-SHIRTSDoes this look familiar to you? If so, then it’s time we all did something about this
situation, however small the contribution is to the bigger picture of dissolving this
reality and consciously creating an abundant world without wars, violence, oppression
and control by the few over the many. This series of books came about because I could
no longer sit back and say nothing. As a result, I had to take action, and this
information has now reached thousands of people worldwide. Now it’s your turn,
Please let your friends and family know what's really going on, because the more
people that realise, the less control they have. Stop supporting this capitalist system.
4INTRODUCTION
So here we are finally in 2012. It feels to me exactly like the image above, as though we
are all standing on top of this structure wondering what to do, and what comes next.
Of course there are many theories, however before we start, let me first ask you if you
know how and why you came to be reading these words?
There must have been a logical progression of events or triggers in your life that have
brought you to this point in time. These are not random things, they have a deeper
connectivity that runs parallel to our everyday superficial existence.
Here I am typing these words into my computer, yet at the same relative time, you are
reading them. As I keep typing, you can see that we are simultaneously experiencing
them, although apparently separated by the notion of time.
So I guess | had better keep typing so that you can continue reading, otherwise we
might have a time-space continuum dilemma on our hands similar to The Philadelphia
Experiment.
Now, | really must apologise profusely for the delay in completing and releasing this
final book in the series. Many of you requested it as far back as April 2011. There is of,
course a good reason for this, however as you now know, there really is no such thing
as time, only your perception of it.This past year has been chaotic to say the least, and we have seen some very
interesting and important dates, events and catastrophes occur, perhaps more than |
have experienced during my entire life on this planet.
There was the Japanese earthquake, tsunami and nuclear meltdowns, the 11:11:11
convergence, the October 28 Mayan End date (predicted by lan Xel Lungold), the Euro
crisis, US Debt Ceiling, the 10" Anniversary of 9/11, Comet Elenin passing, and so
many more important things going on that I have lost track of them all.
In fact most people I talk to agree that 2011 flashed by in the wink of an eye, and [
admit | feel as though | got very little done. That of course is perception, but we have
all been weighed down by the incredible build-up of energetic tension and unsettled
feelings, which have been fuelled by uprisings of all kinds around the world. Greece
has been leading the way with it’s riots and protests which is sending a clear message
to the powers that be, that people power is a formidable force.
It seems that consciousness has finally reached a point of critical mass and everyone is.
talking about revolution and overthrowing corrupt governments. It has become
obvious that we do not need wars to have freedom, but the war machine which is run
by so few, and has it's own agenda's, has to be dismantled first.
Have you also felt overwhelmed by all of this?
For a very long time I considered the right moment to release this book, and I have
waited until now simply because | believe 2012 is going to be one hell of a year in
many ways.
This year of course is the Solar Maximum, which alone could bring about many
problems such as communications shutdown or other disasters.
‘The most important thing though, is that 2012 is the widely predicted end time of the
Mayan Calendar, which I have dedicated a chapter to in this book. It’s possible we
could see a collapse of the Euro, triggering a global recession or depression, plus we
have the Queen's Diamond Jubillee, The 2012 Zion Olympics, and I feel more
earthquakes, uprisings and massive shifting of energy will occur.
The stage is also being set right now for armed conflict in Iran, and the US has already
sent (among others) a 50 year old warship, the USS ENTERPRISE (no, not the Star Trek
one) which was the world's first nuclear-powered aircraft carrier. It’s history dates
back to the Cuban missile crisis in 1962 and the Vietnam War.It appears another false flag event such as the Mossad controlled Trade Centre
demolition is about to be played out before our eyes. It remains to be seen whether
this ship will be conveniently destroyed, and used as the catalyst for the US to declare
war on Iran, Who do you think would benefit from that operation? Israel and Saudi
Arabia. Those countries have deep connections and control over the US, and I'm sure
they would love to see the US attacking their enemies. All they need is the justification
to declare war and to sway public opinion through controlled media propaganda,
Remember that most wars are about control of resources such as Oil, and the Strait of
Hormuz is where one-fifth of the world’s oil shipments pass through. For all these
reasons, 2012 is looking to be one of the most important years in recent history, so
buckle up, as it could be a bumpy ride. But let’s rewind a moment and I'l! fill you in a
bit more about how you and I came to be sharing this experience and knowledge. After
all, this is not my real job, I was just compelled to share this info at this time.
Back in 1995 I used to attend a small group of awareness seekers. We often had guest
speakers, or just sat around and watched the latest videos available on alternative
topics (such as Linda Thompson's America Under Siege) and discussed many and
varied things, everything from HAARP to Fluoride, and from Hartwig’s Chinese
Pyramids to Aliens and UFO's. Everything was open for discussion. I remember 2012
seemed such a long way away back then...home computers and the Internet were still
in their early stages and Lady Di was still alive. In 1994 I had bought myself a Home
Computer, which was a DX266 with 4mb of RAM (which I upgraded to 8mb for an
extra $400). It was running DOS and Windows 3.11, and had a 256mb Hard Drive. |
bought a 14,400 modem (which was the top dialup speed back then) for about $250
from Harvey Norman and entered a whole new world.By 1996 | had studied so many books on Internet security and protocols, and
downloaded and played around with lots of software and warez including the
infamous war diallers (which are named after the movie War Games). A wardialler is
essentially a custom made computer program, which keeps dialling numbers in a
specified area code to check for carrier signals.
In the old days of dial up modems, you had to connect to a computer directly via a
phone line, as there were no wireless networks. Even mobiles (cell phones) were
relatively new, and of course, still on the analogue network. I recall the dealer telling
me at the time they were about to bring in the digital network, that "you'll probably
have a headache for a week or two until you get used to it’, and | thought to myself..this
is obviously no good for anyone. | had already been plastering anti-EMF posters all
over the place since 1996 saying “stop cooking your brain”, but this made me even
more committed to not using them.
To this day, since the digital phones were introduced in 2000, | still get a headache
after about 30 seconds of use, and my head hurts for some time afterwards, That's why
imit my calls to one minute, and only use the damn thing if really have to.
It was also in 1995 that I was heavily into HAARP research, and during one of those
experiments with war diallers, | happened upon a certain military computer system
related to the project and decided to make a contribution to their files. I was able to log
in without any password, and create a new directory on their system, where |
uploaded all my research on the subject.
You can hardly call it hacking, More like automated stupidity really when | think about
it It was an open modem line that was easily accessible at the time with no firewall
and no security.
So yes, times have changed and that mystical far away date of 2012 has somehow
snuck up on us and we are now about to see what the fuss is all about. Perhaps we will
finally find out exactly why John F. Kennedy had the number 26000 painted on the tail
of Air Force One, and if the legends of floods and global cataclysms are based on
factual, cyclical, and predictable earth changes or not.
I'd like to take this opportunity to thank all of you who have supported my research
and read all of my previous books. We have sent literally thousands of copies
worldwide to almost every country over the past three years, and they have inspired
many groups, movements, researchers and individuals to take control of their lives
and do something.
In this final book I wanted to explore some of the areas I haven't touched on before,
and give you as much information as | can that | think is the most relevant for what
you need to know now. Many of you still have Bank issues and are struggling with
court cases, but I fee! all of this will come to a head as the Banking System falls apart,
and it’s very roots are shaken by the exposure of it's fraudulent ponzi schemes.
To assist those people, I have included a step-by-step guide on how to do your own
Securitisation investigations, and where to look for those elusive Trust documents. I
am honoured that some of my illustrations and phraseology have been featured
videos and lectures by John Harris and was very exited to learn that my research
helped inspire the very clever "Meet your Strawman” animation which you can find on
Youtube. There is also a direct link to it on our official website.
8Ne oul -
STRAWMAN
Recently I sent Jordon Maxwell a complete set, and he very kindly recommended them
to one of his friends, which was very encouraging, For that and alll that has transpired, |
am eternally grateful. After all, the messages in this book are not mine to claim
ownership of.
They are everywhere right now in the subconscious and conscious minds of men and
women around the world who want to see an end to control and oppression, and live
in peace and abundance. | wish you well, and hope that you will do whatever it is you
feel you need to do this year to ensure your family’s safety and survival no matter what
happens.
Best
Thomas AndersonTHE COMING GLOBAL DEPRESSION
; trates
Australian share market tumbles after RBA rat
decision
ares plummet,in bear market after
US downgrade +
y Japan Futures, Australi
Reacts ia Shares Fall on
Japanese Stock Futures, Australia Shares
Rise on Recovery Hopes
Japan Stock’ Futures, Australia Shares Rise
on Europe Progress;~
Australian sifaremarket dives after Wall pStreat
tumbles on recession fears
Asia stocks tumble on euro zone
downgrades; Nikkei drops 1.4%
Japanese Futures, Australia Shares Fall ‘on
Europe Debt Concern
Australian.shares sink ahead of US data
Shares rise. as Europe fears recede
Renewed Europe fears weigh on stocks
Japanese Stock Futures Climb on Europe
Debt Talks, Australian Shares Rise
You might be wondering what happened to the big financial collapse that we have all
been expecting and many like Gerard Celente, predicting for the past three years?
Ihave been advising people since 2009 to close their accounts, get all their money out
of the banks and buy gold and silver. We bought gold at just over $1000 an ounce and
Silver at $630 a Kilo ($16 an ounce). Many people laughed when I said Gold would hit
$2000+, but recently we saw it peak over $1900.
That threat has not gone away, rather is has only been delayed somewhat by two
massive attempts at propping up the market to try and prevent the inevitable collapse.
10QE1 and QE2 refer to Quantative Easing. A fancy term for printing trillions in flat
money backed by nothing, having no effect other than inflating the already enormous
balloon market that is soon likely to pop. Again, nothing happens, except by design.
Looking back at what occurred in the lead up to the Stock Market Crash of 1929,
margin requirements were only 10%. Brokerage firms, in other words, would lend $9
for every $1 an investor had deposited. When the market fell, brokers called in these
loans, which could not be paid back.
Banks began to fail as debtors defaulted and depositors attempted to withdraw their
deposits en masse, triggering multiple bank runs. Government guarantees and Federal
Reserve banking regulations to prevent such panics turned out to be ineffective or not
used. Bank failures led to the loss of billions of dollars in assets.
In 1933 the United States declared bankruptcy, as expressed in Roosevelt's Executive
Orders 6073, 6102, 6111, and 6260. (NB: Corporations can continue operating even
though they are bankrupt, as long as enough interest payments are made to satisfy the
creditors) If the creditors deem it to be in their best interests, they allow operations to
continue during the bankruptcy reorganisation.
Under the Federal Reserve System, the Compound Interest Rate meant that
government debt would grow exponentially. The amount of dollars in circulation was
greater than the amount of physical gold in the US treasury, which guarantees an
eventual default. Countries all around the world are now on the precipice of falling
headfirst into this vast debt cavern that is opening up under their feet. When that
happens, the whole world will change forever.
qtExecutive Order Of April 5, 1933
UNDER EXECUTIVE ORDER OF PRESIDENT
Issued April 5, 1933
All persons are required to deliver
ON OR BEFORE MAY 1, 1933 all GOLD COIN, GOLD BULLION, AND GOLD CERTIFICATES
‘ow owned by them to a Federal Reserve Bank, branch or agency, or to any member bank of
the Federal Reserve System.
EXECUTIVE ORDER
FORBIDDING THE HOARDING OF GOLD COIN, GOLD BULLION, AND GOLD
CERTIFICATES
By virtue of the authorty vested in me by Section 5(b) of the Act of October 6, 1917 as.
‘amended by Section 2 of the Act of March 9, 1933, entitled "An Act to Provide Relist in the
Existing Emergency in Banking, and for other purposes" in which Amendatory Act Congress.
declared that a serious emergency crises, |, Frankiin D. Roosevelt, President of the United
States of America, do declare that said national emergency stil continues to exist, and pursuant
to said Section do hereby prohibit the hoarding of gold coin, gold bullion, and gold certificates
within the continental United States by individuals, partnerships, associations and corporations,
and hereby prescribe the following regulations for carrying out the purposes of this Order.
‘Section 1. For the purposes of this reguiation the term “hoarding” means the withdrawal
‘and withholding of gold coin, gold bullion or gold certificates from the recognized and customary
channels of trade. The term "person’ means any individual, partnership, association or
corporation.
Section 2, All persons are hereby required to deliver on or before May 1, 1933, to a
Federal Reserve Bank or branch or agency thereof or to any member bank of the Federal
Reserve System all gold coins, gold bullion or gold certificates now owned by them or coming,
into their ownership on or before April 23, 1893, except the following:
(a) Such amount of gold as may be requited for legitimate and customary use in industry,
professions, or art within a reasonable time, excluding gold prior to refining and stocks of
gold in reasonable amounts for the usual true requirements of owners mining and
refining such gold.
(b) Gold coins and gold certificates in an amount not exceeding in the aggregate $100
belonging to any one person; and gold coin having a recognized special value to
collectors or rare and unusual coins.
(6) Gold coin and bullion earmarked or held in trust for a recognized foreign government (or
foreign central bank or the Bank for International Settlements)
(@) Gold coin and bullion licensed for other proper transactions (not involving hoarding)
including gold coin and bullion imported for re-export or held pending action on
pplication for export licenses.
Back then, people didn’t immediately demand to exchange their dollars for gold,
simply because they didn't understand that they had been cheated. It wasn't obvious
until the banking crisis in 1933. Could this be a possible scenario again when the
financial system collapses?
You would have to be insane to hand over your gold or silver to the International
Bankers if it did. Let their system collapse, as it deserves to. We can create a new
system based on a fair day's wage for a fair day's work, without taxation or rates or
oppressive man-made policies. At the moment we have seen a five percent drop in the
property market in Australia over 2011, but | feel that needs to drop at least another
forty five percent to get back to a more realistic and affordable level, 1 think the
housing sector is in for a big shock soon, but let's take a look at how we got here first.
12COLONIAL SLAVE OR FREEMAN
13The word Colony comes from the Latin word coldnia, which in turn is derived from the
word coldnus. Now, we all know that Australia was originally a Penal colony, but I was
interested in finding out the meaning and origin of the term.
A colonus was apparently a type of Roman peasant farmer, and this term was carried
into the Medieval period through much of Europe. Coloni worked on large Roman
estates called "latifundia" and were never allowed to leave them. The coloni raised
sheep and other types of cattle as well as farming the land, They paid rent to the owner
of the latifundium, which usually consisted of a portion of their harvest, labor, or
money. This tied the peasants to the land, and reduced them to a serf-likes status.
Although technically still free, Coloni could be hunted or flogged if they left the
latifundium, therefore they were still obviously in a servant-master relationship.
Increasing numbers of people were forced to become coloni due to the decreasing
number of slaves to support the economy because of Rome's apparent failure to win
battles.
All those original terms are still in use today, such as rent, tenant, penalty, colonial, ete
and we use them without any real knowledge of their meaning. This is one of the
problems with the legal language and government policy we have today, in that the
words they use have a specific meaning within the system, yet we are led to believe
they are not worth paying much attention to. It is a common case of blind acceptance,
which is a bit like not reading the fine print on a contract. Do so at your own risk.
14THE CROWN CORPORATION
COMMONWEALTH OF AUSTRALIA (0000805157)
SIC: 8880 - American Depositary Receipts
State location: DC | Fiscal Year End: 0630
Business Address
1601 MASSACHUSETTS AVE NW
C/O AUSTRALIAN EMBASSY
WASHINGTON DC 20036
“Ratings agency Fitch Rating has upgraded the state of New South Wales’ long-
term foreign currency rating to AAA. The move by Fitch lifts NSW's credit rating
‘from AA+ to AAA and comes after state was placed on the rating watch positive.
The upgrade also sees NSW's outlook lifted to stable, affirms all of the state's other
ratings, Fitch said in a statement. Fitch said the upgrade of NSW's long-term
foreign currency rating reflected Australia's rating upgrade.”
At the same time, the ratings also reflect NSW's stable and diversified economy,
adequate operating margins in relation to its responsibilities, strong liquidity as
well as the support provided by the Commonwealth funding system,” the agency
said in a statement.
The Crown is treated as a legal person, capable of owning property and subject to
other rights and liabi This term is not taken to refer to the monarch personally,
but rather to refer to individuals and institutions exercising the executive functions of
government.
In its broadest sense it can encompass the whole system of government, that is, the
executive, legislative and judicial arms. However, when referred to in legislation, ‘the
Crown’ is usually understood only to refer to the executive arm of government.
Australia is also a Federal Monarchy. ‘The Queen or her representative forms part of
each Australian Parliament, the Queen or her representative assents to legislation, law
courts administer justice in the name of the Queen and the Queen or her
representative is the formal head of both.
The Australian Constitution does not include a Bill of Rights. The Statute is of historical
importance because it legally made the dominions independent countries, either
immediately or upon ratification.
The residual constitutional powers retained by the Westminster parliament have now
largely been superseded by subsequent legislation.
15Queen Elizabeth II signs the Proclamation of the Australia Act on 2 March 1986 at Government House,
Canberra, with David Reid, Secretary to the Executive Council (left) and Prime Minister Bob Hawke,
‘The Crown is a corporation sole that, in the Commonwealth realms and any provincial
or state sub-divisions thereof, represents the legal embodiment of governance,
whether executive, legislative or judicial. The Crown in each of the Commonwealth
realms is a similar but separate legal concept and entity. You and I are considered the
collateral or “stock” that the corporation owns and controls.
16BASE PROSPECTUS
(replacing the Base Prospects dated Sth July, 2006)
20th December, 2006
orp
New South Wales Treasury Corporation
A$15,000,000,000
Global Exchangeable Bond Programme
for the issue of guaranteed global exchangeable bonds exchangeable into
‘New South Wales Treasury Corporation Inscribed Stock.
payment of principal and interest guaranteed by
The Crown in Right of New South Wales
Arranged by
UBS Investment Bank
Panel Members
ABN AMRO
and New Zealand Banking
Group Limited
Commonwealth Bank of Australia
‘Macquarie Bank Limited
RBC Capital Markets
UBS Investment Bank
Austr
ABN AMRO Incorporated
Citigroup
Deutsche Bank
National Australia Bank Limited
TD Securities
‘Westpac Banking Corporation
17The Australian Government, on it's own website, describes the legal status of the
country as follows:
“Australia became an independent nation on 1 January 1901. The British Parliament
passed legislation allowing the six Australian colonies to govern in their own right as
part of the Commonwealth of Australia. The Commonwealth of Australia was established
as @ constitutional monarchy. ‘Constitutional’ because the Commonwealth of Australia
was established with a written constitution, and ‘monarchy’ because Australia's head of
state was Queen Victoria.”
“The Australian Constitution is the most important document in Australian government
history. It established the Commonwealth Government (now known as the Australian
Government), defined its structure, powers and procedures, and defined the rights and
obligations of the states in relation to the Commonwealth.”
“The Constitution was brought into existence through a British Act of Parliament, the
Commonwealth of Australia Constitution Act. This Act granted permission to the six
Australian colonies, which were still then subject to British law, to form their own
Commonwealth government in accordance with the Constitution. The text of the
Constitution (which was clause 9 of the Act) was written by representatives of the six
colonies during a series of conventions in the 1890s, and accepted by a referendum in
each colony.”
“Under the Constitution, the reigning British monarch is also the Australian monarch,
and therefore Australia’s head of state. The Constitution grants the monarch - currently
Queen Elizabeth II - certain governing powers that place them above all other levels of
the government. Because of the large distance between Australia and Britain, the
monarch is permitted to appoint a Governor-General who can exercise the monarch's
powers in their absence.”
18A page from the journal of Captain James Cook in which he states: “In the Name of His Majesty
King George the Third, I now took possession of the whole Eastern Coast, by the name of New South
Wales”. Cook wrongly declared the land to be unoccupied even though he had seen several people.
19Sir William Blackstone once wrote that “the rights to territory of hunter-gatherers or
herders lasted only while they were physically present on the land”. The first person to
use the land “acquired therein a kind of transient property, that lasted so long as he was
using it, and no longer or, to speak with greater precision, the right of possession
continued the same time only that the act of possession lasted.”
The ground was common, and no part of it was the permanent property of any man in
particular; yet whosoever was in the occupation of any determined spot of it, for rest,
for shade, acquired for the time a sort of ownership, from which it would have been
unjust and contrary to the law of nature to have driven him by force. The moment that
he ceased the use or occupation of it however, another might seize it without injustice.
In an 1845 decision of the Supreme Court of New South Wales, Chief Justice Stephen
was in no doubt that the Crown owned all the lands in the colony, under the feudal
system of tenure. While the doctrine was accepted to be something of a legal fiction in
England itself, it was different in a settled colony such as New South Wales because as
stated by the Attorney-General (NSW) v Brown (1847) 1 Legge 312), “There is no other
proprietor of such lands.”
Australian law was founded on the economically convenient concept of “Terra Nullius’,
that is, on the fiction that Australia was unoccupied at the time of colonisation. This
obviously false legal basis and the injustice that stemmed from it, has been challenged
from the very earliest days of colonisation by the Aboriginals. Remember I discussed in
my earlier books that the prefix “Ab” means “not”. So whoever created that term,
obviously wanted to portray the indigenous people as “not originat”. Very clever.
On the 3rd of June, 1992, after a decade of litigation, the High Court ruled that the land
title of the Indigenous Peoples, the Aborigines and Torres Strait Islanders, is
recognised at common law. This Indigenous Peoples’ land title, or native title, stems
from the continuation within common law of their rights over land which pre-dates
European colonisation of Australia,
In the absence of an effective extinguishment by the crown, this title presents through
inheritance the original occupants right to possession of their traditional lands in
accordance with their customs and lores. The judgement rejected the "Terra Nullius"
legal fiction.
Aboriginal ownership of land has also been recognised by International Law, to which
Britain is a party from before its colonisation of Australia. In spite of the British
recognition of Aboriginal land ownership, the colonists in Australia managed to
officially disregard such recognition,
The following sections are taken from Joosse & ANOR v Australian Securities and
Investment Commission M35/1998 (15 December 1998) and shows the way the
courts apply whatever meaning they feel is necessary to protect the system. Keep in
mind the statement made on the previous page. Remember, these are man-made laws.
“It is necessary to note the distinction between sovereignty in international law
and sovereignty in the sense described by Hart as "the supreme legislative
authority recognised in this system" (Hart, The Concept of Law, (1961) at 218.)
20For present purposes, what is critical is: what is the extent of the supreme legislative
authority recognised in this system and what are the rules for recognising what are its
valid laws? ( Hart, The Concept of Law, (1961) at 97-120)
When one examines the history of Australia since 1788 it is possible to identify the
emergence of what is now a sovereign and independent nation. Opinions will differ about
when sovereignty or independence was attained. (China Ocean Shipping Co v South
Australia (1979) 145 CLR 172 at 181 per Barwick C), 194 per Gibbs |, 208-214 per
Stephen , 240 per Aickin J; Nolan v Minister for Immigration and Ethnic Affairs (1988)
165 CLR 178 at 184 per Mason Cj, Wilson, Brennan, Deane, Dawson and Toohey JJ, 192-
192 per Gaudron J.)
Some steps along that way are of particular importance, not least the people of the
colonies agreeing "to unite in one indissoluble Federal Commonwealth under the Crown
of the United Kingdom of Great Britain and Ireland and under the Constitution’.
(Constitution - Preamble) But when it is said that Australia is now a "sovereign and
independent nation" the statement is in part a statement about politics and in part about
what Stephen J in China Ocean Shipping Co v South Australia (1979) 145 CLR 172 at 209
called "the realities of the relationship this century between the United Kingdom and
Australia’.
What those realities were in 1900 can be gauged from the fact that the delegates
negotiating with the Imperial authorities in 1900 about the terms in which the Imperial
Parliament was to enact the Constitution were well content to seek to persuade the
Colonial Office that "the Commonwealth appears to the Delegates to be clearly a
‘Colony (Quick and Garran, Annotated Constitution of the Australian Commonwealth,
(1901) at 352.) As the century moved on, further attention was given to the place of
Imperial legislation in the self-governing dominions.
The Imperial Parliament enacted the Statute of Westminster in 1931 but it was not until
1942 that the Commonwealth Parliament enacted legislation adopting the Statute of
Westminster (Statute of Westminster Adoption Act (Cth)). And then in 1986 the Australia
Acts were passed. All these Acts deal with the place of Imperial legislation in Australia.
Each can be seen as reflecting the then current view of the relationship between
Australia and the United Kingdom. In large part, then, each deals with an aspect of
political sovereignty.
Similarly, the way in which Australia has engaged in international dealings can be seen
to have changed since federation. And it may be that the Treaty of Versailles or some
other international instrument can be seen as according Australia a place in
international dealings which it may not have had before the instrument was signed. But
what is significant for the disposition of the present applications is not whether the
Westminster Parliament could now, or at some earlier time might have been expected to,
pass legislation having effect in Australia, Neither is it whether Australia is treated by the
international community as having a particular status. The immediate question is what
law is to be applied in the courts of Australia. The former questions about the likelihood
of Imperial legislation and of international status can be seen as reflecting on whether
Australia is an independent and sovereign nation. But they do so in two ways: whether
some other polity can or would seek to legislate for this country and whether Australia is
treated internationally as having the attributes of sovereignty.
21Those are not questions that intrude upon the immediate issue of the administration of
Justice according to law in the courts of Australia. in particular, they do not intrude upon
the question of what law is to be applied by the courts. That question is resolved by
covering cl 5 of the Constitution. It provides:
"This Act, and all laws made by the Parliament of the Commonwealth under the
Constitution, shall be binding on the courts, judges, and people of every State and of every
part of the Commonwealth, notwithstanding anything in the laws of any State’.
Itis, then, to the Constitution and to laws made by the Parliament of the Commonwealth
under the Constitution that the courts must look. And necessarily, of course, that will
include laws made by the States whose Constitutions are continued, the powers of whose
parliaments are continued, and the existing laws of which were continued (subject, in
each case, of course, to the Constitution) hy ss 106, 107 and 108 of the Constitution. It is
not relevant to the enquiry required by covering cl 5 to enquire how Australia has been
treated by other nations in its dealings with them or to enquire whether the
But, again, it turns on what is meant by "sovereignty" in this context and there is a deal of
writing, One begins from Hart, one goes through Wade's absolutely seminal piece in 1955
Cambridge Law Journal, Winterton has written on it, and what emerges with stark
clarity is that the word “sovereignty” is bandied about by many lawyers without
understanding the context in which it is being used.
Sovereignty in international law is one thing. But the question we are concerned with, at
least at the moment, it seems to me, is not a question of Australia's international status; it
is concerned with what laws bind within Australia. The attack that is made, as 1
understand it, in each of these applications is an attack on the validity of certain laws.
The question is: do those laws bind?
Now, you can analyse that in terms of sovereignty if you like, but sovereignty is a very
slippery concept.
Westminster Parliament could or could not pass legislation that has effect in Australia.
Covering cl 5 provides that the Constitution and the laws made by the Parliament of the
Commonwealth under the Constitution are binding on the courts, judges, and people of
every State and of every part of the Commonwealth.
None of the points that the applicants seek to make touches the validity of any of the laws
that are in question or would make those laws any the less binding on the courts, judges,
and people. As I have noted earlier, the second of the three themes identified by the
applicants relies on the Royal Style and Titles Act.
As I understand it, the principal burden of the argument is that an Act of Parliament,
changing the style or title by which the Queen is to be known in Australia, worked a
fundamental constitutional change.
The fact is, it did not. So far as Commonwealth legislation is concerned, it is ss 58, 59 and
60 of the Constitution that deal with the ways in which the Royal Assent may be given to
bills passed by the other elements of the Federal Parliament. So far as now relevant, ss 58
governs.
22It provides that the Governor-General “shall declare, according to his discretion,
but subject to this Constitution that he assents in the Queen's name". And there is
no material that would suggest that has not been done in the case of each
Commonwealth Act that now is challenged. The third element in the submissions
made by the applicants, and the one to which greatest significance was given in
oral argument, asserts that significance is to be attached to certain of Australia's
international dealings.
These contentions fail to take account of certain basic principles. First, provisions of an
international treaty to which Australia is a party do not form part of domestic law unless
incorporated by statute. (Minister for Immigration and Ethnic Affairs v Teoh (1995) 183
CLR 273; Victoria v The Commonwealth (Industrial Relations Act Case) (1996) 187 CLR
416 at 480-481 per Brennan CJ, Toohey, Gaudron, McHugh and Gummow JJ.)
It follows that what one of the applicants referred to as various human rights
instruments do not of themselves give rights to or impose obligations on persons in
Australia. Similarly, the Charter of the United Nations does not have the force of law in
Australia. (Bradley v The Commonwealth (1973) 128 CLR 557 at 582 per Barwick CJ and
Gibbs J.)
Next, in so far as this limb of the argument sought to make some point about
“sovereignty” it is again necessary to note the distinction between sovereignty in
international law and sovereignty in the sense described by Hart as “the supreme
legislative authority recognised in this system" (Hart, The Concept of Law, (1961) at
218)
The points which the applicants seek to make are points touching the first of these
matters, not the second. It is the second that is the critical question in the courts and it is
the second that is resolved by having regard to covering cl 5.
Lastly, it is necessary to deal with the contentions about the Commonwealth Electoral
Act. These contentions depend entirely upon acceptance of one or other of what I have
earlier called the three main themes of argument. Because I consider that they are not
arguable, no separate question arises about the Commonwealth Electoral Act.
Nevertheless, it may be noted that it was established very early in the life of the
federation that if there are any defects in the election of a member of a house of the
Parliament the proceedings of that house are not invalidated by the presence of a
member without title. (Vardon v O'Loughlin (1907) 5 CLR 201 at 208 per Griffith C),
Barton and Higgins JJ.)
Moreover, there are at least some circumstances in which invalidating defects in the
Commonwealth Electoral Act will not invalidate the elections held under it. (Attorney-
General (Cth); Ex rel McKinlay v The Commonwealth (1975) 135 CLR 1 at 53 per Gibbs J.
(See also the statement as to the effect of the order in these matters recorded at (1975) 7
ALR 593 at 651.)
For these reasons, the points which it is sought to agitate in this Court have insufficient
merit to warrant the orders that are sought. Each application is dismissed.
23
In the Matter of Elwood Cluck, Debtor. Elwood Cluck Kristine A. Cluck First Capital Mortgage Company, Incorporated v. Randolph N. Osherow, Trustee Thomas William McKenzie, 101 F.3d 1081, 1st Cir. (1996)