1.1 This Constitution is predicated on the following basic concepts.

Definitions

Australia

1.2. The territory of Australia is defined as including:

a.    The island continent and the continental islands between Latitudes 9°20’ South & 40°30’ South and Longitudes 113° East & 154° East.

b.    The island of Tasmania

c.    Norfolk Island at Lat 29° 02' S and Long 167° 57' E

d.    Lord Howe Island at Lat 31° 33' 8.89”S and Long 159° 04' 52.38” E

e.    Christmas Island at Lat 10° 30' S and Long 105° 40' E

f.     Cocos (Keeling) Islands at Lat 12° 10' S Long 96° 50' E

g.    Macquarie Island at Lat 54° 61' S and Long 158° 85' E

h.    Heard Island at Lat 53° 05' S and Long 73° 30' E

i.      That area of the Antarctic delineated as the Australian Antarctic Territory.

j.      The continental shelf of the territory of Australia

k.    The 200 nautical mile Economic Zone surrounding the above except where the midpoint between neighbour nations has been agreed and accepted by treaty and ratified by the People of Australia at referendum.

l.      The special economic zone of ocean and ocean floor granted to Australia by the United Nations in 2008.

m.   The air space above the territory of Australia

n.    That part of space (i.e. beyond the earth’s atmosphere) above the territory of Australia

Australian Citizens

1.3. All persons born in Australia to Australian Citizens are entitled to Australian Citizenship.

1.4. Persons born in a country other than Australia to Australian Citizens shall be granted Australian citizenship if they are then domiciled in Australia and renounce citizenship of all other nations.

1.5. Persons born in Australia of non-Australian Citizens may be granted permanent residency on application to the Department of Immigration. At 18 years of age such persons may be granted Australian Citizenship should they seek Australian citizenship, are resident in Australia and renounce citizenship of all other nations.

1.6. Persons born of one Australian parent and one parent of another nationality may be granted Australian Citizenship at age 18 years or more if they are then domiciled in Australia and renounce citizenship of all other nations. Until they are 18 years of age these children may be granted permanent Australian residency on request to the Department of Immigration.

1.7. A small proportion of the total population (2.5 % in 2007) have Aboriginal and Torres Strait Islander heritage. Except as provided in Chapter 3 of this Constitution, Aboriginal and Torres Strait Islander Citizens shall be treated no differently from other Australian Citizens.

1.8. Legal immigrants may be granted Australian Citizenship should they seek Australian citizenship provided they:

a.     renounce citizenship of all other nations,

b.    Renounce and sign a statutory declaration that they will not do anything to help bring about;

(i)            replacement of Citizen sovereignty with sectarian sovereignty,

(ii)          replacement of this Constitution with any sectarian doctrine, and

(iii)         replacement of Australian law with any sectarian law.

1.9. Other persons may be granted Australian Citizenship if invited by the People of Australia, if they have no record of reoffending, if they swear allegiance to the People of Australia and this Constitution and if they renounce all other allegiances by Statutory Declaration. This declaration shall be transmitted to the appropriate nation.

The People of Australia expect of its Citizens total commitment to and loyalty to Australia and this Constitution. This cannot be achieved if Citizens harbour incompatible beliefs or retain allegiances to other nations.

Australian Sovereignty

1.10. With this Constitution the People of Australia declare sovereignty in perpetuity over all the land, air, sea and space as described above and all the underground and undersea resources that can be harvested from the territory of Australia.

1.11. The territory of Australia shall not be increased or decreased except by the People voting at referendum.

Power and Authority

1.12. Sovereignty shall rest with the People. All power and authority in Australia shall stem from and revert to the People of Australia.

1.13. With this Constitution the People delegate certain powers to individuals and institutions of governance. All such individuals and institutions of governance shall remain accountable to the People who may revoke such powers at any time by voting at referendum.

1.14. All powers not delegated shall remain with the People.

Citizen Initiated Referenda

1.15. Citizens of Australia may initiate referenda to:

a.    Amend this Constitution

b.    Change National Policy

c.    Create Statute Law

d.    Amend Statute Law

e.    Annul Statute Law

f.     Ratify or rescind international laws or treaties as applicable in Australia

g.    Recall elected representatives

1.16. The procedures for Citizen Initiated Referenda and Plebiscites are contained in Schedule 3.

“Direct legislation (i.e., using referenda) is increasingly seen as a valuable means of taking controversial issues out of the hands of extremists, pressure groups and power elites. Observers have also been impressed by the commonsense and moderation of Western electorates when acting as a whole.” Professor Geoffrey de Q Walker, “The People’s Law: Initiative and Referendum”.

The Basic Laws of Australian Society

1.17. This Constitution is the corner stone and basic law of Australian society. 

1.18. The other Basic Laws of Australian Society shall be:

a.    Citizens and residents of Australia shall not kill except as provided for by law.

b.    Citizens and residents of Australia shall not commit violence of any sort against another person except in self-defence, defence of family, defence of home and property and defence of Nation and society.

c.    Citizens and residents of Australia shall not steal or misappropriate the money or property of another person.

d.    Citizens and residents of Australia shall not betray ⁽¹⁾ the Nation.

e.    Citizens and residents of Australia shall not profiteer.⁽²⁾

f.     Citizens and residents of Australia shall not exploit other persons.⁽³⁾

1.19. The National Parliament shall set minimum and maximum punishments for offences against these laws and for offences against Statutes ^(4).

(1)   "Betray' means to conduct, plan or be a party to treason or espionage including industrial espionage and any other activity contrary to this Constitution or the interests of Australian Citizens or Australian society.

(2)   'Profiteer' means to make, or seek to make, excessive profits from the needs of others.

(3)   ‘Exploit’ means to take advantage of people for one’s own ends.

(4)   This provision specifying minimum and maximum punishment aims to improve on current practice of setting only maximum penalties by providing a means for the society to react to prevalent offences.

By including these basic laws in the Constitution it is intended that most crimes will be described as “contrary to the Australian Constitution in that he, at.........did.....”.  This will eliminate the need for reams of Statute Law.

All Citizens can be expected to learn these basic laws; whereas knowing what is contained in reams of statute law is not feasible.

1.20. In addition to these basic laws the Parliament shall, subject to this Constitution have the power to enact such statute law as is deemed necessary for the peace, order and good governance of Australian society.

1.21. Common law shall have no place in Australian society.

This provision means that only this Constitution and specific statute law created by the People voting at referendum or by our elected Parliament are applicable. That is, there shall be no reliance on “judge made law” or precedence.

1.22. No laws contrary to the provisions of this Constitution shall be enacted at any time. Any laws found to be contrary to this Constitution shall be immediately null and void. Such nullity shall not be retrospective except that current cases before the courts and any sentences in process of being served as a result of conviction under such a law shall also be terminated.

National Symbols

1.23. National symbols such as the Australian Flag, the Coat of Arms and the National Anthem described in Schedule 1 to this Constitution shall not be changed except by the People voting at a referendum.

Language

1.24 The official language is English. This shall not be changed except by the People voting at referendum.

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