My Draft-the New OZ Constitution
Uploaded - 11 September 2014
AUSTRALIA RECONSTITUTION ACT- 2020
Draft
PREAMBLE
This Constitution recognises:
That Australians in 2020 originates from a
diversity of cultures and hold a wide range of beliefs, representing migrants from 138 United
Nation recognised countries and although the first human migrants occupied
this land many decades of millennia ago and continued since that time to migrate to this continent, but the great bulk of those migrants arrived in
the just the last 250 years.
This rapid mixing of humans from a host of cultures, moulded over
thousands of years, in just 250 years, presents an almost unique social environment and
calls for special consideration in the crafting of this document.
This Constitution acknowledges:
• that no system of government is perfect. The system detailed in this Constitution is
considered to be the one that will deliver the best outcome for the
citizens of Australia; and
• no individual country can endure without consideration for their contribution to the welfare of the planet.
THE CONSTITUTION
An Act to update the Constitution of the Commonwealth of Australia 1901 - [1 July 2020]
This document may be cited as the Australian Reconstitution Act 2020 (The Constitution).
Australia governs the area defined in the attached map (Territorial Area).
This Constitution must be reviewed in 2035 and and expires at the end of 2050.
NATIONAL COUNCIL
Australia is governed by a National Council, supported by Parliament.
The National Council has the authority provided by this Constitution.
The National Council is the Public Corporation of Australia. It is charged
with the governance of Australia in the best interest of all Australians
and with due regard to a global context.
The National Council comprise:
• The Monarch;
• The Council of Law;
• The Council of Democracy;
• The Council of Science;
The System of government is a Monarchical Democratic-Republic
TRANSITION PROVISIONS
The Commonwealth of Australia Constitutional Acts are hereby repealed.
States government historical sovereignty is hereby surrender.
The United Nations Australian Transitional Directorate (UNATD) is hereby
delegated all necessary authority to act in caretaker mode in managing
Australia during the transitional process of restructuring the
constitutional arrangements for Australia.
UNATD delegated authority terminates in I July 2025 or earlier, upon
the first sitting of the new Federal Parliament, constituted in
accordance with this Constitution.
This Constitution provides all the necessary power to enable transition.
Timetable
By I January 2020 the:
• National Council be inaugurated, the
• Council of Law;
• Council of Democracy; and
• Council of Science,
be constituted as provided for by this Constitution; and
•A Monarch installed
This Constitution provides all the necessary power to enable the
National Council to fulfil its obligations and responsibilities set out
in this document.
By I January 2023 the Council of Democracy and Council of Science must present to the National Council the completed details for the
conduct of the national election, as defined by this Constitution.
On 1 January 2025 national elections will be held to provide all the required Members for Parliamentary governance of Australia.
RESPONSIBILITIES and DELEGATION OF POWER
The MONARCH
The Crown of the United Kingdom of Great Britain is the Monarch
The Monarch
• is the ceremonial head of Australia;
• has no law making function;
• is responsible for maintaining the morale of the community;
• may appoint a delegate to perform any function or deliver any
responsibility of the Monarch. – The delegate must be acceptable to
National Council.
• may abdicate the position, at the Monarch pleasure.
In which case the abdication provision of the Constitution take effect.
The Monarch's powers and responsibilities are defined in Appendix 1
Abrogation Provisions.
Upon the abrogation of the Monarch, Australians shall vote upon the following question.
"Do Australians wish to continue with the inclusion of a Monarch within the framework of governance of the nation?"
If the question is decided in the affirmative National Council shall advertise internationally to fulfill the vacancy
and select from the applicants a suitable replacement.
If the question is decided in the negative the the position of the Monarch on the National Council will be the Secretary General of the United Nations.
The Secretary General may be represented on National Council by the Secretary General's delegate.
The system of government will then be know as a Bi Lateral Democratic - Republic
CITIZENSHIP
Every Citizen has a personal obligation to always act in the best interest of the Community of Australia.
Over and above that obligation, every Citizen who delivers a service to government has an additional and higher obligation to Parliament.
Citizenship of Australia is contingent upon performance of this obligation
COUNCIL of LAW
The Council of Law shall be responsible for the management of law within Australia.
The Council of Law shall comprise 7 members.
The Council of Law's powers and responsibilities are defined in Appendix 2
The Supreme Court established by the Council of Law may make judgements on Constitutional matter and about decision of the National Council as to compliance with this Constitution.
Cost of administering law is a cost to government.
All citizens have a right to free access to law courts and free professional assistance.
COUNCIL of DEMOCRACY
The Council of Democracy shall be responsible to
• oversee the democratic process in the provisioning of Members of Parliament; and
• oversee the performance of Parliament and its Members; and
• report finding to National Council.
PARLIAMENT
Parliament shall comprise-
• A Federal Parliament;
• 10 Regional Parliaments;
Parliament is responsible ONLY for giving consent to laws brought before it by National Council and drafted in accordance with the requirements of the Constitution.
Federal Parliament shall comprise-
• A House of Representatives;
• A Senate.
House of Representatives
The House of Representatives (House) shall comprise 50 electorates with in the Territorial Area.
Each electorate shall-
• comprise a geographical portion of at least two (2) Regional Parliament areas;
• contain equal numbers of citizens (+ or – 5%)
• shall provide one Member to the House.
Senate
The Senate shall comprise 10 members.
The electorate for each Regional Parliament area shall provide one (1) menber to the Senate.
The Senate has no process or power in law making;
The Senate shall:
• be an independent reviewer of the system of government in Australia; and
• publish it findings. and
• not be impeeded in it's Constitutional functions.
Regional Parliament
Regional Parliament shall comprise:
• A House of Regional Representatives;
• 10 Community Council;
House of Regional Representatives
House of Regional Representatives (Regional House) shall comprise 10 electorates with in the Regional Area.
Each electorate shall
• comprise a geographical portion of at least two (2) Community Councils;
• contain equal numbers of the citizens (+ or – 5%);
• shall provide one member to the Regional House;
Community Councils
Each Community Councils (Council) shall comprise 10 electorates.
Each electorate shall-
• comprise an unique geographical space;
•contain equal numbers of the residing citizens in the Region (+ or – 5%);
• shall provide 1 Member to Community Council;
Council's democracy's powers, processes and responsibilities are defined in Appendix 3
COUNCIL of SCIENCE
This Constitution acknowledges the fallibility of Science.
However placing Science central to decision making process represents
the best system available for quality outcomes for the citizens of
Australia and our contribution to the welfare of the planet;
The Council of Science shall be responsible for the
management of education and science within Australia and the
provision of scientific advice to the both:
• the Council of Law and
• the Council of Democracy.
The Council of Science's powers, processes and responsibilities are defined in Appendix 4
OPERATION OF NATIONAL COUNCIL
The National Council is a power and responsibility sharing entity.
The National Council shall comprise-
• 3 members appointed from the Council of Law
• 3 members appointed from the Council of Democracy
• 3 members appointed from the Council of Science
• The Monarch or a Monarch equivelent
Every matter before the Council shall be decided by consensus.
If consensus cannot be achieved, the matter shall be decided by a vote.
Each member's vote is of equal value.
If after a vote the matter is not settled, the matter is to be decided by the toss of a coin.
The National Council's powers and responsibilities are defined in Appendix 5
LEGISLATIVE POWER
All Law making must satisfy the National Council's Legislative Principals. Laws that fail to comply with the principal are void.
FEDERAL PARLIAMENT
Federal Parliament shall make laws for
• National Security
• National Management
• Community Management
• Taxation and Fee for Service setting.
Federal Parliament shall appoint the President.
The President is responsible for representing the view of the Australia Government on the day to day conduct of the nation.
National Council may define and veto the power of the President
Federal Parliaments has authority over and is responsible for, the performance of Regional Parliaments.
Federal Parliament may pass laws for the delegation of law making authority, to Regional Parliaments for-
• Regional Management.
• Community Management.
• Fee for Service setting.
REGIONAL PARLIAMENTS
Regional Parliaments, if delegated, have defined law making powers.
Regional Parliament under delegated power pass laws for the delegation of law making authority, to Community Councils for:
• Local Community Management.
• Fee for Service setting.
Regional Parliaments shall appoint a Premier.
The Premier is responsible for representing the view of the Regional Government on the day to day conduct of the region.
When delegated, Regional Parliaments have authority over and are responsible for, the performance of Community Councils.
COMMUNITY COUNCILS
Community Councils when delegated, may make defined laws for their geographical areas.
Community Councils shall appoint a Mayor.
The Mayor is responsible for representing the view of the Council in the day to day conduct within the Council area.
ELECTION and PERFORMANCE of POLITICIANS
Members of Parliament and Councils must be elected by public vote.
Any Australian citizen (citizen) that hold a voters pass, may vote (qualified vote). The voters pass is based on relevant cognitive capability (voter test) designed by the Council of Science.
Voting is not compulsory.
However any citizen between the age of 18 and 55 automatically
qualifies for a voters pass, provided however that their right to hold a voters pass can be
challenged by any citizen on the basis that the individual could be likely to fail the 'voter pass' test.
However, being eligable to hold a voters pass and failing to exercise that right to vote in a relevant election abrogates eligibility for access to government support
services for the term of the elected government.
Each qualified vote is equal to the standard value of 10 points.
A voter may seek to enhance the quantity of their vote by undertaking the vote enhancement test.
The vote enhancement test is developed and maintained by the Council of Science.
The vote enhancement test recognises and rewards knowledge, experience and wisdom.
The minimum vote value points are 10. The maximum vote value points are 1000.
The voter pass ( based on relevant cognitive capability) and the voter enhancement test (based on capability) is developed and maintained by the Council of Science.
To comply with the Constitution, the Council of Science must determine and maintain the Register of geographical boundaries and their population densities for use by the Council of Democracy.
Conduct of elections shall be in accordance with the processes developed and maintained by the Council of Democracy.
TRANSPARENCY in GOVERNMENT
The conduct of government in Australia is citizen's business.
All details of every government decisions and actions must be
recorded. These records must be stored in publicly accessible systems,
connected to the Internet, and readily available without fee, to any
citizen.
In Australia, all organisations, group or individuals promoting an interest in
having a person or groups of people elected to government, are part of
the conduct of government.
A conduct of government which concerns National Security may, by decision of the Supreme Court, be quarantined from citizen access.
The process for, and consideration of, an application to the Supreme Court for the quarantining of records shall be the responsibility of the Council of Law.
FUNDING of GOVERNMENTS
Government shall be funded by
• Revenues from
o Taxation;
o Fees for Service;
o Sale of assets;
o Commercial enterprise;
• Loans from
o citizens
o corporation registered in Australia
Governments shall not run deficit budgets for longer than five years.
Taxation
Only Federal Parliament has Taxation powers.
No term other than "Tax" shall be used to describe the mandatory and universal raising of income by government.
Taxation shall be equitable in imposition and the funds so raised, shall be equitable in distribution.
Taxation shall derive only from assessment of:
• income;
• transactions; and
• assets.
Fees for Service
No term other than a "Fees" shall be used to describe the recovery of the cost of delivery of specific and optional services provided by government.
The Fee must be no more than the actual costed outlay of that individual and specific service delivered to a customer.
Sale of Assets
The sale of government assets shall be conducted in accordance with laws complying with the National Council's Resource Liquidation Principal.
Natural Resources
All natural resources within the Territorial Area are an asset of Australia.
Commercial Enterprise
Governments conducting commercial enterprise in an arena in which they have legislative power must complying with the National Council's Neutralization of Government Commercial Advantage Principal.
MILITARY FORCES
National Council shall be the supreme commander of all Military Forces.
Military Forces shall comprise four Units
• Land Operations;
• Oceanic Operations;
• Air Operations;
• Civil Policing.
The Land, Oceanic and Air, Operation Units shall, whereever and however relevant, defend Australia's Territorial Area from external threats.
The force of these three Units can never be used in the Territorial Area, against citizens.
Civil Policing shall ensure the maintenance of law and order and support community harmony, within the Territorial Area.
Civil policing shall comprise three Sub-Units
• National
• Regional
• Community.
