For Like minded people who like to see-
I have sought legal advice vis the Vegetation management Act via CLRG. My question was
My question is about the legality of the the legality of the Vegetation
Management Act as in a recent court case the judge is actually on record
as saying "Someone needs to tell the department to recind this piece of legistalion". Also I read someone that most of the Acts passed after 1975 weren't run through the Parliament properly so I wanted a opinion
on that,if possible. Is this act actually binding legally?
and the answer was
Thank you for your inquiry. Section 109 of the Commonwealth Constitution clearly instructs us to treat as invalid any law of a State that is inconsistent with Commonwealth law. All State legislation since 1973 has failed to be given Royal Assent according to section 58 Commonwealth Constitution. The States are all assuming they have equal power to that of the Commonwealth through the Australia Act 1986 which failed a referendum held in 1984 second question.
In Victoria all legislation and public servants appointed after 1975 have been appointed under the Constitution Act 1975 which has failed to be subject to the Commonwealth Constitution and therefore needing a referendum to be installed. The original Constitution of Victoria is still partly in force and was implemented in 1855.
We do not need the courts to say whether a law is valid or not, we the people are the true sovereign's and therefore can judge for ourselves through our own interpretation of a law or section of law.
I hope this is of assistance please do not hesitate to ask if you have more questions.
Not sure if this helps,or how it'd hold up in a court of law,though.