Thoughts on economics and liberty

Further list of unlawful actions by Morrison – sent in by a commentator

ADDENDUM

Bio Security Act ~ Victorian Law ~ Application.

Also this [extracted from a PDF sent in by someone] – in relation to vaccines.

ORIGINAL, A FEW DAYS AGO.

As received:

18 March 2020 declaration goes beyond prevention

I want to direct you to the wording of the Governor-General of Australia’s Declaration 18 March 2020 (Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020).

As there are very clear rules when drawing up a legislative instrument, the wording needs to be clear and specific. The listed human disease is Human Coronavirus but this is quantified with Pandemic Potential. Pandemic Potential, being the key words here, would restrict the measures to deal with this emergency to Chapter Two, Part Two, Division Five, Sections 51 and 52 respectively of the Biosecurity Act 2015, Preventative Biosecurity Measures only.

To enact measures beyond the scope of Preventative Biosecurity Measures, the Declaration needed to make provision for Human Coronavirus as a Declared Pandemic. Clearly this is not the case. Therefore one must ask, if the Government has exceeded its powers in relation to the Biosecurity Act 2015 and Preventative Measures, are all measure beyond that legal.

WHO’s pandemic declaration not included

It also begs the question, if the WHO declared Covid-19 as a Global Pandemic on 11 March 2020, why was this not identified and included in the Declaration?

Extensions invalid since they exceed the 3 months requirement

You should also check the Federal Register Of Legislation, here you will find the original Declaration by the Governor-General of Australia. If you check the dates of the current and previous extensions you will see the dates exceed the three months allowed for the legislative instruments as determined by the definition of month under the Acts Interpretation Act 1901.

The current one has the start date 11 June 2021, the registered date 15 June 2021, and self-ceasing date 17 September 2021. It should cease on either 10 September 2021 or 14 September 2021 depending on whether the three months commences on the start date or registered date.

Timeline of events

The timeline of events is also questionable with regards to Covid-19.

21 January 2020: “activation of the Biosecurity Act and the Chief Medical Officer’s declaration on the 21st of January”. ??

21 February 2020: Covid -19 was added to the Listed Human Diseases under Section 42 (1) of the Biosecurity Act 2015.

27 February 2020: Press conference held by PM Morrison, Prof. Brendan Murphy, and Federal Health Minister Greg Hunt. Part of Scott Morrison’s speech is as follows:

“So the actions that the Australian Government have taken and that included getting out well ahead of the World Health Organisation at Dr Murphy’s, I think, very insightful advice with the measures that we initially took at a time when the WHO had not even declared it in the context that it has now been declared by them. The advice that we’ve received today is very similar to that. And that is that based on the expert medical advice we’ve received, there is every indication that the world will soon enter a pandemic phase of the coronavirus and as a result, we have agreed today and initiated the implementation of the Coronavirus Emergency Response Plan. As you can see, it’s a very comprehensive document and I want to commend the Department of Health and all of those have been involved in ensuring that this plan is in place and ready to go.”

Voluntary compliance requirement breached

Within the Australian Health Sector Emergency Response Plan for Novel Coronavirus (Covid-19) there is Legal Framework that states: “measures will rely on voluntary compliance rather than legal enforcement wherever possible”.

Morrison and Hunt acted well beyond their powers

Scott Morrison has implemented the Plan prior the Governor-General of Australia implementing Section 475 of the Biosecurity Act 2015 which gives the Federal Health Minister certain but limited powers, and subsequently the Federal Chief Medical Officer broader powers. Scott Morrison has no power to implement anything relating to Biosecurity Emergencies.

Greg Hunt was asked a question by a reporter, the question and his response was:

“JOURNALIST: Can you clarify what this means in practical terms? The Minister rattled off a couple of things but does it mean we actually set up these fever clinics now and does it involve the granting of special powers to quarantine people and things like that? Could just be a bit specific?

THE HON. GREG HUNT MP, MINISTER FOR HEALTH: Sure. So the position in relation to quarantine powers actually came with the activation of the Biosecurity Act and the Chief Medical Officer’s declaration on the 21st of January.”

This is false. At no time were quarantine powers activated on the 21 January 2020, this can only happen once the Governor General of Australia implements Section 475 of the Biosecurity Act 2015. This did not happen until 18 March 2020.

11 March 2020: WHO declares Covid-19 to be a Pandemic.

13 March 2020: The National Partnership on Covid-19 Response was signed by the Federal, State and Territories.

It is an Agreement between all parties that deals with mostly Fiscal Responsibilities and allowing the State and Territories to run certain quarantine measures as soon the AHPPC declares the Australian Health Sector Emergency Response Plan for Novel Coronavirus (Covid-19) to be in effect.

Oddly, PM Morrison had already implemented the said Plan on the 27 March 2020.

By signing the Agreement there were to be upfront payments to each State and Territory worth millions of dollars . One could conclude there was a monetary incentive to sign.

Furthermore , under Part 6 , Provision 46 of the National Partnership it states this:

    1. The Parties do not intend any of the provisions of this Agreement to be legally enforceable.

However, this does lessen the Parties’ Commitment to this Agreement.

Yet again, only the Federal Chief Medical Officer can delegate any powers relating to Biosecurity measures on a National level and under the Biosecurity Act 2015, and he was not a signatory to the Agreement.

16 March 2020: Victoria declares a State of emergency due to Covid-19.

Being that Covid-19 falls under the Biosecurity Act 2015, Victoria cannot override Federal Legislation, they had to wait till the Governor-General of Australia implemented Section 475 of the Biosecurity Act 2015 before they could declare their State Emergency.

18 March 2020: Finally, the Governor-General of Australia, under Section 475 of the Biosecurity Act, does the Proclamation declaring a Health Emergency due to Covid-19.

Constitutional provisions

Might I also point you towards the Constitution.

Chapter I—The Parliament Part I—General

1 Legislative power

The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called The Parliament, or The Parliament of the Commonwealth.

2 Governor-General

A Governor-General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.

3 Salary of Governor-General

There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor-General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds.

The salary of a Governor-General shall not be altered during his continuance in office.

As Queen Elizabeth II forms part of the Federal Parliament of Australia and its legislative powers, as well as the Executive, and all Members of the House of Representatives swear an oath/affirmation of allegiance to the Queen, I wonder how she would feel knowing those duly elected to govern within Australia, have breached the Australian Constitution, infringed on basic human rights, and are inflicting on her subjects within the Commonwealth, cruel and unrealistic health measures.

We are, after all, a self-governing colony of the Commonwealth but still her subjects.

It is possible for her to fire the Prime Minister as well as the rest of the government and force a Federal election on the basis that neither, Parliament, The Executive or The Judiciary have absolute power, or the authority to overstep or abuse the constraints of their respective boundaries and in doing so, have violated their oath and their obligations within the code of conduct.

Responsible government

The separation of powers works together with the principle of ‘responsible government’ to guide the way law is made and managed. Responsible government means that a party or coalition of parties must maintain the support of the majority of members of the House of Representatives in order to remain in government. This provides another check on the Executive, ensuring they are accountable to the Parliament and do not abuse their power.

 

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Sanjeev Sabhlok

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3 thoughts on “Further list of unlawful actions by Morrison – sent in by a commentator
  1. skippy

    Hey Sanjeev, a lawyer called Nathan Buckley has an apeal for funds on the website GOFUNDME. He wants to take a case against mandatory vaccination to the High Court of Australia. They have only raised about $125K and they needs heaps more donations as court hearing are exoensive and if they lose they will have to pay costs of the government

    Anyway can you do a post encouraging your followers to consider making a donation?

     
  2. Sanjeev Sabhlok

    Thanks, but I do not have enough information on any specific individual to make a recommendation to anyone to donate. Let people do their own homework.

     

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