20200124-PRESS RELEASE Mr G. H. Schorel-Hlavka O.W.B.

ISSUE – Re Funding of Arts & Sports

As a CONSTITUTIONALIST my concern is the true meaning and application of the constitution.

* Gerrit, didn’t you challenge the constitutional validity of the Federal government funding Arts
and Sports?
**#** INSPECTOR-RIKATI®, indeed I did:
https://www.abc.net.au/news/2020-01-21/bridget-mckenzie-didnt-have-power-in-sports-grants-says-
twomey/11885018
Bridget McKenzie didn't have legal power over sports grants, law expert Anne Twomey says
QUOTE
Entire program may be unconstitutional, Twomey says

Professor Twomey has also cast doubt on the entire sports grants program, citing the case of a Queensland father who
challenged the school chaplaincy program in the High Court in 2014.

"The High Court said, 'Well, the Commonwealth can't spend money on things unless there's parliamentary authorisation
for it and unless there's some support in the constitution for it'," Professor Twomey said.

"In this particular case, the Commonwealth might rely on what's sometimes called its nationhood power.

"But that means you either need some kind of national emergency, like the bushfires or the global economic crisis … or it
has to be something that peculiarly only the Commonwealth can do and the states are unable to do.

"And we know that the states can, and do, give out sports grants, so it doesn't seem to fit either of those.

"Which means that there's a bit of a problem in terms of supporting this program."

END QUOTE

My response upon this was:

QUOTE Posted 22-1-2020 11:22
As I stated way back on 24 September 2015:
It appears to me the republicans under Malcolm Turnbull are unconstitutionally interfering with
our rights.

The document can be downloaded from:

https://www.scribd.com/doc/282489521/20150924-PRESS-RELEASE-Mr-G-H-Schorel-Hlavka-Re-the-Hidden-
Danger-Regarding-Interfering-With-Religious-Education-Aboriginal-History
QUOTE
As a CONSTITUTIONALIST I have my concerns as to where our Federal Government is heading, and in
particularly its ongoing unconstitutional conduct. Constitutionally the Commonwealth of Australia has no
legislative powers as to interfere with education, nor to fund Arts, Sports, etc.
END QUOTE

As such what Anne Twomey now claims merely underlines what I have stated many years ago.

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Hansard 1-3-1898 Constitution Convention Debates
QUOTE Sir JOHN DOWNER.-
I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond
the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say
that there shall be embedded in the Constitution the righteous principle that the Ministers of the
Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as
any private person would be.
END QUOTE

Let us not ignore:

HANSARD 4-3-1891 Constitution Convention Debates

QUOTE Sir HENRY PARKES:

The resolutions conclude:

An executive, consisting of a governor-general, and such persons as may from time to time be
appointed as his advisers, such persons sitting in Parliament, and whose term of office shall depend
upon their possessing the confidence of the house of representatives expressed by the support of the
majority.

What is meant by that is simply to call into existence a ministry to conduct the affairs of the new nation as
similar as it can be to the ministry of England-a body of constitutional advisers who shall stand as nearly as
possible in the same relation to the representative of the Crown here [start page 27] a her Majesty's imperial
advisers stand is relation to the Crown directly. These, then, are the principles which my resolutions seek to
lay down as a foundation, as I have already stated, for the new super structure, my object being to invite other
gentlemen to work upon this foundation so as to best advance the ends we have in view.
END QUOTE

HANSARD 17-2-1898 Constitution Convention Debates

QUOTE Mr. OCONNOR.-
We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our
own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above
Parliament, and Parliament will have to conform to it.
END QUOTE
.
HANSARD 17-2-1898 Constitution Convention Debates
QUOTE Mr. OCONNOR.-
We must remember that in any legislation of the Commonwealth we are dealing with the Constitution. Our
own Parliaments do as they think fit almost within any limits. In this case the Constitution will be above
Parliament, and Parliament will have to conform to it.
END QUOTE
.
HANSARD 9-2-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
END QUOTE
.
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE
Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes on the Constitution
we will have to wipe it out."
END QUOTE

Well if Ministers are supposed to be “constitutional advisers” but turn out not to
understand/comprehend the true meaning and application of the constitution then where they act
unconstitutionally they must accept the legal consequences.
END QUOTE Posted 22-1-2020 11:22

We also ought to consider:

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Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. BARTON.-They do not require to get authority from home, for this reason: That the local
Constitutions empower the colonies separately to make laws for the peace, order, and good government
of the community, and that is without restriction, except such small restrictions as are imposed by the
Constitutions themselves, and, of course, the necessary restriction that they can only legislate for their
own territory. The position with regard to this Constitution is that it has no legislative power, except
that which is actually given to it in express terms or which is necessary or incidental to a power given.
END QUOTE

Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education question-and the
Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each
state might say-"We are favorable to this law, because we shall get £100,000 a year, or so much a year, from
the Federal Government as a subsidy for our schools," and thus they might wink at a violation of the
Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate
provisions for the amendment of the Constitution? Why should we not say that the Constitution may be
amended in any way that the Ministries of the several colonies may unanimously agree? Why have this
provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers
of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to
occupy a few minutes in discussing it.
END QUOTE

The constitution clearly limits the powers of the commonwealth of Australia and anything that is
not provided for as a legislative powers cannot be obtained by backdoor manner. The so called
“Grant Commission” in my view is nothing less then a front of treasonous conduct to
fraudulently use taxpayer’s monies for arts and sports.
We cannot have that some political party is complaining about some Minister doing the wrong
thing when those of that political party when in power did the same or worse. It simply is
unconstitutional and all monies defrauded from the Consolidated Revenue Funds must be
reclaimed/repaid.
* I understand you are saying that all and any grants for arts and sports are unconstitutional and
so unlawful.
**#** That is correct. The same actually with the Commonwealth of Australia spending millions
on museums. It simply is not a provision within our constitution as I often wrote about in the
past. The same with the giving away to foreign powers a billion dollars or more. We need to stop
this and a lot more rot. Anyone who were to check my past writings will notice I exposed it time
and time again but politicians essentially couldn’t care less. That is the real reality and that we
need to change because the same is with their republican issue where they desire this so they can
have unlimited powers to abuse our taxation. If anything, who wants this kind of republican
system where the Parliament (congress) is crippled such as in the USA with impeachments
issues, they commenced to pursue even before Donald Trump was a President.
Where is our Section 101 “Inter-State Commission” which ought to be independent of a
Minister, whereas the ACCC is subject to a Minister unconstitutionally doing this job?

We need to return to the organics and legal principles embed in of our federal constitution!
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL® (Our name is our motto!)
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