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David Shannon

An Alternative Proposal for the Australian Constitution

This is pretty much what I want in the Australian Constitution. Some parts I consider more important than others. The most vital element is the Citizen Initiated Referendum. The next most important is the abolition of the States as independent governments. Everything else is housekeeping and gravy.

The notation "*" means "quantity or title not significant". ie calling the representative a "Senator" or "Congressman" makes no difference, a 3 year term instead of 4 year term is OK, etc.

Comments not part of the Constitution are in parentheses "{}".


THE PARLIAMENT

  1. The legislative power of the nation of Australia shall be vested in a single Parliament*, which shall consist of a House of Representatives*, each Member* of which shall represent one electorate.
  2. Each electorate shall have, as nearly as practicable, 50,000* citizens who are eligible to vote.
  3. Any Australian citizen over the age of 17* years of age shall be eligible to vote.
  4. The MHRs shall be selected by a general election each 4* years in accordance with Section 8.
  5. After each general election the Parliament shall meet not later that thirty days after the day appointed for the return of the writs.
  6. There shall be a session of the Parliament once at least in every year, so that twelve months shall not intervene between the last sitting on the Parliament in one session and its first sitting in the next session.
  7. Subject to this Constitution, the Parliament shall make laws prescribing the method of choosing Members, increasing or decreasing the number of electorates, and the times and places of elections.
  8. Not less than 46 months and not more than 50 months shall elapse between general elections. {fixed 4 year terms}
  9. Each MHR shall be of Australian citizenship and 18 years of age, and any fitness for position shall be solely the responsibility of the Member's electorate.
  10. A Member shall be discharged upon presentation of a petition of more than half of the voting populace of the electorate. {Voter's Recall}
  11. A Member may by in writing addressed to the Speaker resign his position.
  12. The presence of at least half of the Members of the House shall be required for the exercise of its powers, and a majority of the whole number of the Members shall be required for the passage of legislation.
  13. Where a Member's place becomes vacant more than 1* month before the next scheduled general election, there shall be a by-election for a MHR to serve the remaining term.
  14. The House shall, before proceeding to any other business, select a Member to be the Speaker* of the House. The Speaker may resign the position or be discharged by a vote of the House, and shall cease to hold office if ceasing to be a Member.
  15. Questions arising in the House shall be determined by a majority of votes other than the Speaker. The Speaker shall not vote unless the numbers are equal, and shall then have the casting vote.
  16. The Parliament may make rules and orders with respect to the order and conduct of its business.


POWERS OF THE PARLIAMENT

  1. The Parliament is charged solely with the management of public property, so as to provide for Australian citizens Firstly: Liberty, Secondarily: Safety and Lastly: Wealth, and may make laws to that effect, subject to this Constitution.
  2. No law shall infringe freedom of speech, freedom of belief, or freedom of association, save that the law may require silence in custody and veracity in dealing with Civil Servants in office.
  3. No law shall be retroactive.
  4. The Government shall have no authority to exact revenue, save by referendum. Fines levied by a court shall be disbursed at the discretion of that court.
  5. The Government shall have no authority to borrow or lend on the credit of the State save by referendum.
  6. The Government shall have no authority to resume private property without the owner's consent, save by referendum.
  7. Only Australian citizens or wholly Australian-owned companies may own Australian land.
  8. The Government shall have no authority to enter into treaty, save by referendum.
  9. No law shall compel service in the Civil or Military Services, save that military training may be required of citizens in the 2 years before the age of voting entitlement. {18 years}
  10. No law shall apply only to a State or Territory, or to a part of a State or Territory.
  11. No law shall have effect until 3* months after assent by an absolute majority of the House and subsequent proclamation.


THE EXECUTIVE GOVERNMENT

  1. The Parliament shall appoint by an absolute majority vote a President* who shall head the Civil and Military Services of Government.
  2. The President shall retain office until discharged by absolute majority vote of the House, or until resigning office in writing addressed to the Speaker.
  3. No disbursement of public funds shall be made without the written authority of the President.
  4. The President shall appoint officers to administer such departments of State as the Parliament may set in law, save that no MHR may be so appointed unless he first resigns his seat
  5. The President shall appoint the most senior officers of the Military Services.


THE JUDICIARY

  1. There shall be a Supreme Court with a Chief Justice appointed by Parliament, which shall have jurisdiction to hear any matter under Australian law.
  2. Lesser courts may be set in law.
  3. The appointment, payment and dismissal of any Justice shall be set in law.
  4. The sole enforceable penalty for crimes ascertained by a Justice in a Court of Law shall be deprivation of liberty. Any other sanction shall be with the consent of the convicted person.
  5. No law shall permit arrest without charge, and no law shall permit detention without trial within 6* months of a time of the arrested person's choosing.


FINANCE

  1. AII revenues raised by the Government shall form one Consolidated Revenue Fund to be appropriated for the purposes set in this Constitution.
  2. The expenses incident to the collection of the CRF shall form the first charge thereon.
  3. No money shall be drawn from the Treasury of the nation except under appropriation made by law.


POPULATION CONTROL

  1. 10 %* of the annual budget shall be set aside for use as Population Control Bounty. A primary bounty equal to 150 % of the average annual income shall be paid to any adult female citizen who undergoes permanent sterilisation before bearing any children. For each child borne before sterilisation the bounty shall be reduced by 70 %. {I hope this works}


REFERENDA

  1. Alterations to Legislation may be made by referendum, where a majority vote assenting will creste the petitioned change.
  2. Upon presentation of a petition signed by at least 5* % of the voting population to any court of law, the alteration so petitioned shall be the subject of a referendum within 3* months {Citizen Initiated Referendum}
  3. No law shall obstruct the circulation or presentation of such a petition.
  4. This Constitution shall only be altered by referendum with 60* % of the voting population assenting to the change.


TRANSITION

  1. Upon assent to the Referendum of Transition there shall be a general election of the whole House of Representatives. Serving representatives and officers in all levels of government may stand for election without first resigning their current positions. Successful candidates shall then resign their earlier positions.
  2. After the general election the State and Territory Government functions shall become the responsibility of parliament, including the management of Shire and Municipal Councils.
  3. After the general election Senators and members of State and Territory Governments shall be retired at current pay levels for a period of 8* years, and shall thereafter be entitled to retirement benefits as though they had served those 8 years in office. {big bribe to go quietly}
  4. The Parliament shall have the power to revoke individual State and Territory legislation only in complete Acts in each instance. {to force the creation of national legislation per Sect 26}
  5. Such taxes and levies as exist in law shall remain in force for 10* years, but shall only remain in law thereafter if confirmed by referendum per Section 20. {that will set the cat among the pigeons}
  6. Title of land not owned in accordance with Sect 23 within 10* years from the date of assent to the Referendum of Transition shall pass to the Federal Government without compensation. {sell it or lose it}

 

APPENDIX: TAXATION

  1. There shall be a tax of 1% of the value of land as ascertained by the owner, collected annually. The Government shall not resume any land property without payment of the declared value.

 

{Here's how this works.

The value of every parcel of land is published.

Any person prepared to pay 101*% of value registers a claim at the Lands Registry and deposits the sum. The Registry notifies the owner who has a month to either revise the valuation and pay 20 times the difference in tax due, or to sell at the original valuation. If the value is revised the Registry refunds the applicant's deposit plus a part of the extra tax.

Suppose that A has a block of land registered at a value of $100,000. Each year he pays $1000 in tax. B is prepared to pay $101,000 for the land and $1010 tax per year, makes a claim and deposits $101,000. The Land Registry notifies A.

If A sells he gets $100,900, the Registry gets $100, and B gets the land. If A revises the value he pays $200 to Registry, which pays $100 to B.

Registry gets $100 either way and has no incentive to bias the outcome.

A can revise the valuation at any other time paying only the difference in tax due, and has an incentive to maintain a correct and current valuation.

This tax could replace all other forms of taxation and cost practically nothing to administer.}

David Shannon
21/61 Drayton Road
Toowoomba, 4350
E-mail: d8760110@mail.connect.usq.edu.au

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First published November 1997
Contact details revised 19 November 2002