18/04/2021

Steven Spiers

News, Media and Opinions

As we begin to see through the previous few Facts Parts 24 and 25, the Commonwealth of Australia had established itself as an independant and Sovereign country on the International Stage with Imperial Conference 1926 laying out the treaty of a divisible crown. The Statute of Westminster 1931 had further defined this separation by inhibiting the Parliament of Great Britain from legislating for the former colonies including the Commonwealth of Australia.

Towards the end of 1939, Axis powers in Europe had through German interests caused an invasion of Poland. This is enough to put the United Kingdom of Great Britain on alert and preparing to declare open warfare in return.

In 1939, the Commonwealth of Australia had long been separated from the motherland and defined as a sovereign and independent nation, member to the League of Nations in 1919. Imperial Conferences 1926 had defined the Commonwealth of Australia as separate and holy and in 1927 the Shrine of Remembrance began construction. This was followed by the Parliament at Westminster ruling by way of Statute of Westminster 1931 that the Parliament at Westminster could not legislate or debate on matters of the Commonwealth of Australia.

Without so much as a mention in Hansard, nor debates within the floor of the Parliament of the Commonwealth of Australia, Robert Menzies during his first term in office would commit Australia to the atrocities of World War 2 on behalf of the United Kingdom.

Following a phone call with the UK Prime Minister, Prime Minister Robert Menzies did within one to three hours commit Australians to the War Effort by Radio Address declaring war on Germany on behalf of the UK Prime Minister.

103. DECLARATION OF WAR 1939
https://www.awm.gov.au/articles/encyclopedia/prime_ministers/menzies
Fellow Australians, it is my melancholy duty to inform you officially that, in consequence of the persistence of Germany in her invasion of Poland, Great Britain has declared war upon her, and that, as a result, Australia is also at war.

80th Anniversary of the Declaration
https://www.awm.gov.au/commemoration/80-declaration

a) Robert Menzies did declare war on behalf of a Foreign Power
b) Robert Menzies did not seek parliamentary approval for the declaration.
c) Robert Menzies own words define that Australia is also at war.
d) Robert Menzies did commit act of Treason to the Commonwealth of Australian Realm
e) Robert Menzies did so 1-3 hours after United Kingdom of Great Britain.

It is without doubt that the Associated Powers had been keeping an eye on the theatre that was Germany, although, with Germany entering Poland the theatre of trade and war had changed. The British Prime Minister had acted and declared war by Radio Address before the people of the United Kingdom and in Australia Robert Menzies did follow suit in as small as time frame as an hour later.

Without Parliamentary Procedure, without any knowledge of the people and without any talk of going to war, the Commonwealth of Australia was subject to participation in World War 2 at the whim of a phone call between the British Prime Minister and Australian Prime Ministers.

This is a very simplified view given that we have a King and his Men serving to defend the Imperial Crown and its Kingdoms at which since, questions of sovereignty in 1919-1926 have left the Commonwealth of Australia with its own independence as a kingdom in international waters headed by a Monarchy yet confused at war time.

Robert Menzies had declared war on behalf of a foreign power within one to three hours of that public announcement to go to war. The Commonwealth of Australia had been committed to and entered into war while at home the Parliament by vote had fallen into the hands of John Curtin.

The Statute of Westminster Adoption Act 1942 is installed to define the limitations of any legislative actions between the Commonwealth of Australia and the now named United Kingdom of Great Britain and Northern Ireland Parliament. It is interesting to note however that the Australia Act 1986 uses this request avenue which then into the future changes the lineage of the States of the Commonwealth of Australia.

104. STATUTE OF WESTMINSTER ADOPTION ACT 1942
http://www5.austlii.edu.au/au/legis/cth/consol_act/sowaa1942379/index.html
The Statute of Westminster Adoption Act 1942 as shown in this compilation comprises Act No. 56, 1942 amended as indicated in the Tables below.

The Australian Parliament has on three occasions passed Acts requesting and consenting to the enactment by the Parliament of the United Kingdom of Acts extending to Australia.  The Acts of the Parliaments of Australia and of the United Kingdom, respectively, are as follows:

Australia Act 1986, Cocos Islands Act 1955, Christmas Island Act 1958 by Request and Consent.

Adoption of Statute of Westminster, 1931
Sections two, three, four, five and six of the Imperial Act entitled the Statute of Westminster, 1931 (which Act is set out in the Schedule to this Act) are adopted and the adoption shall have effect from the third day of September, One thousand nine hundred and thirty-nine.

a) The Westminster Adoption Act 1942 did commence on 9th October 1942
b) John Curtin was Prime Minister of the Commonwealth of Australia from 7th October 1942
c) The Act is Post Dated after Robert Menzies Declarations of War 1939.
d) The Act did change Her Majesties Ships of War in Clause 5 of the Constitution Act.
e) The Act was not required as Request was made in Statute of Westminster 1931
f) The United Kingdom was separated from the Commonwealth of Australia in Imperial Conference 1926

In December 1941 the Japanese attacked Pearl Harbour, and in February 1942 bombed the Darwin Port a scene made famous in Baz Luhrmann’s movie ‘Australia’ and in March 1942 strafed and bombed the coast of Western Australia. We can see by this Warner Bros Cartoon that the War Machine in the United States was generating momentum to join in.

The United States entered the war, and in the Commonwealth of Australia the Parliament structure had changed with John Curtin pulling troops out of the war while making alliances with the United States before eventually putting troops back into the war with these alternative alliances.

Two brothers of the same motherland had found an alliance outside of the Motherland although both had suffered in the financial collapse of 1929. This also does not negate the fact that Hague Conventions 1907 saw the United States Marines travel the harbours of the world flexing Treaty Obligations in a Creditor/Debtor game of international proportions 1907-1910.

The United States had declared its total independence from the United Kingdom of Great Britain and Ireland in the War of 1812 which saw rise to the song the Star Spangled Banner and the following Treaty of Ghent 1816. The Commonwealth of Australia had achieved its independence in the Great War 1914-1918 causing the subsequent entry into the League of Nations 1919 as independent from its former sovereignty.

105. REMOVAL OF TROOPS FROM WAR 1942
https://www.nma.gov.au/defining-moments/resources/curtin-brings-home-troops
The next day Australia declared war on Japan, the first declaration of war Australia had ever made independently of Britain. In his New Year’s message delivered on the radio on 26 December 1941 and published in the Melbourne Herald the next day, Curtin announced that: ‘Without any inhibitions of any kind, I make it quite clear that Australia looks to America, free of any pangs as to our traditional links or kinship with the United Kingdom’. This decisive move away from Great Britain infuriated British Prime Minister Winston Churchill.

a) John Curtin did bring troops home from war declared by Robert Menzies.
b) John Curtin did declare war separate from United Kingdom of Great Britain.
c) John Curtin sided with the United States and not the United Kingdom of Great Britain.

This change in strategy and altering in alliances saw the Parliament of the Commonwealth under Prime Minister John Curtin install the Statute of Westminster Adoption Act 1942 in a bid to clear up any misconceptions relative to the Declaration of War by Robert Menzies and the unforgiveable assumptions relative to a singular Monarch over multiple independent kingdoms.

This would put the realm of war above the Parliamentary structure and often outside of their control in total. The ability for a Prime Minister to declare war as a singular office is absurd and demonstrates the powers of Defence and Attack lie with the Governor-General and the Crown Armies he represents.

This failure of Sovereignty in Warfare wherein the Monarch puts themselves at war with themselves proved to be a repugnant act in itself. Putting what was formerly a singular Crown body on a battlefield as independent Crown Bodies whom had now chosen their alliances outside of the former line of authority in Crown demonstrates itself to be a large conundrum.

This then further becomes a problem when it becomes clear at International Law that the Commonwealth of Australia did in fact join the League of Nations in 1919 defining itself as separated from the former body that governed it, and then in Imperial Conference 1926 signed itself by treaty away from the former body into independence and sovereignty as the Kingdom of Australia defined by Stone of Remembrance within its own Kings Domain.

No one can deny Facts 25, 26, and 28 when it comes to defining the foundations that were afforded out of that Internationally Agreed Sovereign position attained by defending what was established and created in Debates of Federation in 1898. The Shrine of Remembrance was completed in 1934 with the Pool of Reflection still in place in front of the shrine at the time of WWII, not being removed until 1949 in preparation for a new cross to be laid on the ground in 1953 this opens a door for plenty of questions.

This defence of creation in the Great War 1914-1918 and its subsequent independent and sovereign position by Treaty in the Covenant of the League of Nations 1919 as well as the Treaties at Versailles 1919 followed by Imperial Conference 1926 defines the Commonwealth of Australia as not only a sovereign and independent country, but retaining its constitutional monarchy as a Kingdom of Australia.

We start to see something lies beneath the layers of dust that have fallen upon the nation in slumber.

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