At the formation of a company, estate, trust or in this instance a crowned corporation sole there are usually appointments of office that take place. The office relative to the said appointments is usually defined within the founding documents and in the case of the Office of Governor-General by the constitution itself.
The foundations of the Commonwealth of Australia as per the Commonwealth of Australia Constitution Act July 1900 UK/PGA are found in the Preamble wherein it states that the people are those that did unite reliant on the blessing of Almighty God in the first instance. We can therefore say that the core foundational document of the Commonwealth of Australia is by the Holy Scripture which led to the unity of the people by constitution.
We can see by the previous Fact Part 20 that by way of Coronation process through Common Prayer the defined core foundation is linked to the Royal House as the Royal Law which is then practiced as the defended faith that is linked by Prayer and Service to the Church of England.
James 2:8-9 Authorized (King James) Version (AKJV)
8 If ye fulfil the royal law according to the scripture, Thou shalt love thy neighbour as thyself, ye do well: 9 but if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.
From this we can determine that by constitution and as per the Act of Settlement 1700 and Bill of Rights 1688 that the Commonwealth of Australia can be defined as the Estates of the People and Crown Corporation Sole. It is in the act of this constituting that the peoples did assume the colonies as States of this higher body. We can confirm this through Anderson v Commonwealth 1932 which defines the States as delivered by the short hand or traditio brevi manu to the Federal Commonwealth by constitution.
This whole constituted estate of the people is vested as the soul of the monarch at which is held personified as a corporation sole of which the monarch then executes the affairs of as executor and supreme head of. The Commonwealth of Australia is a body corporate at which the people hold a beneficial interest.
The creation of the estate by name of the Commonwealth of Australia is specific and defined within the Commonwealth of Australia Constitution Act July 1900 UK/PGA and Office within the Estate at its core and general office’s are also defined within the Federal Constitution.
Letters Patent 1900 is an instrument issued to fulfil the Office of Governor-General of the Commonwealth of Australia by appointment of title as well the definition and limitations of office. At the implementation of the Commonwealth of Australia on 1st January 1901 the Office of Governor-General was given instruction to use a Private Seal in sealing all matters that pass before the Office of Governor-General until a Great Seal could be delivered to the holder of the office.
Galatians 4:1-2 Authorized (King James) Version (AKJV)
4 Now I say, That the heir, as long as he is a child, differeth nothing from a servant, though he be lord of all; 2 but is under tutors and governors until the time appointed of the father.
We can see by the trail of Great Seals that in 1903 the Governor General of the Commonwealth of Australia was issued with the Great Seal of Australia for use in all things that are created by the Commonwealth of Australia by constitution. During the reign of Edward VII the Commonwealth of Australia as per Clause 8 of the Commonwealth of Australia Constitution Act July 1900 saw the Commonwealth of Australia as a colony of the United Kingdom of Great Britain and Ireland.
The Office is issued with a new Great Seal on the passing of the Crown to George V in 1911 and as we can see by this newspaper article that minor errors are noted to exist in some of the heraldry of the seal.
Edward VIII abdicated the throne without issue of Arms or Great Seal and George VI had defined by Coronation Train the Crown, Coat of Arms, Flags and when George VI took up Office the given Great Seal bears two rings of Latin Text with the Heraldry a direct continuation in style from his predecessors Edward VII and George V.
After the coronation of Elizabeth II the Commonwealth of Australia sees Royal Powers Act 1954, the first time that the powers of the Office of Governor-General of the Commonwealth of Australia are addressed outside of Letters Patent 1900 since the establishment of the office and the first time a monarch of the Commonwealth of Australia required definition of the power of title.
83. LETTERS PATENT 1900
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India To all to whom these Presents shall come Greeting.
II. There shall be a Great Seal of and for Our said Commonwealth which Our said Governor General shall keep and use for sealing all things whatsoever that shall pass the said Great Seal. Provided that until a Great Seal shall be provided the Private Seal of Our said Governor General may be used as the Great Seal of the Commonwealth of Australia.
III. The Governor General may constitute and appoint, in Our name and on Our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary officers and Ministers of Our said Commonwealth, as may be lawfully constituted or appointed by Us.
a) The Governor General is issued with Great Seal of the Commonwealth of Australia.
b) Letters Patent 1900 is separate to the Constitution
c) The Constitution is limited in its powers and Letters Patent 1900 is outside of those powers.
d) The Governor-General may constitution in Our name and on Our Behalf.
e) Our name being the United Kingdom of Great Britain and Ireland as at 1900
f) The Great Seal is of the Commonwealth of Australia, not Australia.
g) Letters Patent 1984 and 2008 did not exist at the change to Great Seal of Australia.
We can clearly see by Letters Patent 1900 that the Office of Governor-General is issued with a Great Seal for the Commonwealth which the Governor-General shall keep and use and shall be used as the Great Seal of the Commonwealth of Australia.
Letters Patent 1900 defines the issuance of the Great Seal of the Commonwealth of Australia for use by the Governor-General and is a separate document to the Commonwealth of Australia Constitution Act July 1900 UK/PGA.
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 5
Sessions of Parliament. Prorogation and dissolution
The Governor-General may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives.
After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.
The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth.
The Constitution vests the Office of Governor-General of the Commonwealth of Australia with the power to dissolve the house at which the Australian Government defined the legal power of the Crown to be without question. The King or in this case under Royal Powers Act 1954 the Governor-General did within usage of the law dissolve the house of the Whitlam Government in 1975.
This Government defines this discretion of the Crown being absolute disregarding Section 128 on Referendum and change to the Commonwealth of Australia by the people that had united in the Federal Commonwealth of Australia in the first place.
84. Powers and functions of the Governor-General
While the Constitution vests in the Governor-General the power to dissolve the House, the criteria for taking this action are not prescribed and, therefore, they are matters generally governed by constitutional convention. Of the legal power of the Crown in this matter there is of course no question. Throughout the Commonwealth … the King or his representative may, in law, grant, refuse or force dissolution of the Lower House of the Legislature … In legal theory the discretion of the Crown is absolute (though of course any action requires the consent of some Minister), but the actual exercise of the power is everywhere regulated by conventions.
a) Dissolving the house is generally governed by constitutional convention.
b) Dissolving the Whitlam Government was not by constitutional convention.
The Constitution itself states that the Governor-General may in a like manner dissolve the House of Representatives. The House of Representatives is mentioned by title and therefore does not include the Senate.
The Governor-General is operating under Oath of Allegiance to the Monarch whom holds Supreme Title to the Crown Corporation Sole that is the Commonwealth of Australia and has the ability to prorogue the Parliament of the Commonwealth and to appoint the times for holding sessions of the Parliament of the Commonwealth. We can deduce from this that a like manner is the ability to prorogue the Parliament to initiate and fulfil a dissolve of the House of Representatives.
Matthew 18:20 Authorized (King James) Version (AKJV)
20 For where two or three are gathered together in my name, there am I in the midst of them.
The Crown does not exist without the people themselves acting as beneficiaries of their forefathers. In legal theory the discretion of the Crown can only therefore become the discretion of the people. This would then lean towards Section 128 of the Constitution and that of the Referendum of the people.
Through the Preamble we can also see that the Crown in name falls in line of authority under the blessing of Almighty God followed by the Crown of a Kingdom and then Constitution putting the ideal of the Crown above and outside of the Constitution. This power is demonstrated through Debates of Federation in that it was the people that voted to unite federally. The people give power to the Constitution in the first place demonstrating a right that exists before Constitution in a line of authority defined within the Preamble to the Constitution Act.
Section 4 of the Constitution demonstrates that the Office of Governor-General was in existence before the Constitution of the Commonwealth of Australia and that the Constitution is used to extend the powers of the Office of Governor-General for use with the aforementioned Great Seal of the Commonwealth of Australia.
We can deduce from the lineage demonstrated in God, King and Country that the Governor-General falls under the ecclesiastical jurisdictions of the Royal Law in the Scripture. It is the Defence of the Faith that puts the government on the shoulder of faith.
James 2:8 Authorized (King James) Version (AKJV)
8 If ye fulfil the royal law according to the scripture, Thou shalt love thy neighbour as thyself, ye do well:
Isaiah 9:6 Authorized (King James) Version (AKJV)
6 For unto us a child is born, unto us a son is given:
and the government shall be upon his shoulder:
and his name shall be called Wonderful, Counsellor,
The mighty God,
The everlasting Father,
The Prince of Peace.
85. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 4
Provisions relating to Governor-General
The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such person as the Queen may appoint to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth.
a) Queen to appoint Governor-General
b) Governor-General of the Commonwealth of Australia
c) Administer the Government of the Commonwealth
The Queen in the direct instance relevant to the Constitution is Queen Victoria and a proven lineage and Royal Claim through the Stone of Remembrance however the monarch of the day has the ability to appoint an Administrator of the Commonwealth of Australia in the absence of a Governor-General. This has occurred in the past when the sitting Governor-General has died and an Administrator appointed until the Office of Governor-General is fulfilled again.
It is interesting to note that a death in the line of office need not be the case and that the Office of Governor-General is appointed for the time being and that someone appointed by the Queen may at any time replace the Office of Governor-General in the administration of the Government of the Commonwealth. It is also important to note that the powers of administration are therefore limited to the Government of the Commonwealth by title demonstrating the role to be an overseer of the instruction provided by Constitution.