It is without question, Australia's government structure, especially the Federal government structure have increasingly become not adequate to time and there have been a lot of talks hoping to see in the Republic of Australia, emerging.
Well, I say, a chance to become a Republic should not merely a chance to become a Republic, but also a chance to update the government structure of Australia. So, I make the following proposal to first upgrade the current government structure of Australia, modeling after the US and some other nations, worth learning from, then after such model have been used for few years, a slight modification for what might be for the forming of "The Republic of Australia"
The following is my proposal for reform
Section A: Primary reform to the Federal government of the Commonwealth of Australia
(A) A joint sitting of the House of Representative and the Senate should be known as the Grand Senate.
(B) There should be a Prime Minister and Deputy Prime Minister, they should be elected directly by the citizen of the Commonwealth. Candidate should sign up in pairs of two, one as Prime Minister and one as Deputy Prime Minister. The pair that receives the most votes should be elected, he should serve a four years term till expires. A person who is elected as a Prime Minister or Deputy Prime Minister, should be a citizen of the Commonwealth, must be at least forty years old and must have no criminal record. A person can be elected as Prime Minister, for at most two times.
When there is no Prime Minister, the Deputy Prime Minister should serve as Prime Minister until the term expires. When there is no Deputy Prime Minister, the Prime Minister should present three replacement candidates and the Senate should elect one of the three candidates to serve as Deputy Prime Minister till the term of service expires.
Before taking office, the Prime Minister elected should take the following oath "I do solemnly swear that I will faithfully execute the Office of Prime Minister of the Commonwealth of Australia, and will to the best of my ability, preserve, protect and defend the Constitution of the Commonwealth of Australia."
The Prime Minister has the authority to declare war and to sign treaties on behalf of the Commonwealth, but can only take effect, if it is approved by the Parliment. The Prime Minister can declare martial law if he felt necessary, but must end martial law if the House of Representative, Grand Senate or the Senate requested or if the Prime Minister felt a martial law is no longer necessary.
During a time of national emergency the Prime Minister should meet up with the federal executive council to discuss the problem and if the Prime Minister felt necessary, he has the authority to declare a temporary law that can take effect without the approval of Parliment. But such temporary law, should expire upon ten days unless approved by the Senate, Grand Senate or House of Representative. If the temporary law has only been approved by the House of Representative, it should expire upon thirty days if it is not approved by the Senate or the Grand Senate. If the temporary law has only been approved by the Senate, it should expire upon thirty days if it is not approved by the House of Representative or Grand Senate.
The Prime Minister should replace the Queen and the Governor-General in Chapter Two of the Constitution. The Deputy Prime Minister should replace the Governor General in Chapter 4 of the constitution. The Prime Minister should replace the Queen in Chapter 1 Part 1 Section 1 of the constitution.
The Federal Executive Council should include a Commonwealth Security Council. The Prime of Minister should be the director of the security of the Commonwealth. The Commonwealth Security Council should be set by the Prime Minister. Any Commonwealth security agency that is subject to the Commonwealth Security Council should be set by the Prime Minister. The structure of the Commonwealth Security Council and any Commonwealth Security Agency subject to it should be determined by the law.
Unless he is been charged with treason, a person serving as Prime Minister or Deputy Prime Minister, should not stand trial, while in office.
(
Chapter 2: The Executive Government)
(Chapter 4: Finance and Trade)
(Chapter 1 Part 1 Section 1: 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.)
(C) The Federal Executive Council should include a House of Administration. The House of Administration should be administered by the Administration Chancellor. The Prime Minister should propose three candidates for the position of Administration Chancellor and the Senate should elect one of the three candidates to be the Administration Chancellor, within ten days, such person elected by the Senate should be the Administration Chancellor, he should serve a one-year term. When the position of Administration Chancellor is absent, the Prime Minister should propose three candidates for the position of Administration Chancellor, within ten days. The Deputy Administration Chancellor should be a candidate proposed by the Administration Chancellor and approved by the Prime Minister. The House of Administration should have a Federal Administration Council. An officer that administer a department of the state should be a candidate proposed by the Administration Chancellor and approved by the Prime Minister, he should be a member of the Federal Administration Council.
When there is no Administration Chancellor or the Administration Chancellor is absent, the Deputy Administration Chancellor should serve as acting Administration Chancellor and should have all power and responsibility of the Administration Chancellor. If there is neither an Administration Chancellor or a Deputy Administration Chancellor, a member of the Federal Administration Council should elect one of its members to serve as Acting Administration Chancellor.
If the Administration Chancellor believe the law, budget or treaty been approved by Parliment is difficult to imply, he should within ten days inform the Prime Minister and request for the Prime Minister to allow him to ask the Parliment to withdraw approval of such approved, law, treaty or budget and if the Prime Minister approved his request, the Administration Chancellor should within fifteen days, request the Parliment to withdraw such approved, law, budget or treaty, after the request have been proposed, the Grand Senate should gather within seven days to discuss the request, within fifteen days after the Grand Senate first met to discuss the request, the Grand Senate should vote to decide whether they approve the request of the Administration Chancellor, on behalf of the Parliment and if the Grand Senate disapprove of such request made by the Administration Chancellor, the Administration Chancellor should accept the decision.
The Administration Chancellor has the authority to propose laws to the Parliment.
The Administration Chancellor, Deputy Administration Chancellor or a member of the Federal Administration Council, can resign their position if he makes a formal signed written request to the Prime Minister and if such request is approved by the Prime Minister.
When there are neither Prime Minister nor Deputy Prime Minister, the Administration Chancellor should serve as Prime Minister, if there are also no Administration Chancellor, the Acting Administration Chancellor should serve as Prime Minister.
Chapter 2 section 62 of the constitution should not apply to a member of the Federal Executive Council, which have otherwise been specified by the constitution. Chapter 2 section 64 of the Constitution should no longer be used. Chapter 2 section 67 of the Constitution should not apply to a member of the Federal Executive Council, which have otherwise been specified by the constitution.
(Chapter Two section 62. There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councilors, and shall hold office during his pleasure.)
(64. The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth.
After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.)
(67. Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority.)
(D) The Federal Executive Council should include a House of Military Affair. The House of Military Affair should be administered by the Military Affair Chancellor. The Prime Minister should propose three candidates for the position of Military Affair Chancellor to the Senate and the Senate should elect one candidate, such elected candidate should be the Military Affair Chancellor. There should be a Deputy Military Affair Chancellor. The Prime Minister should propose three candidates for the position of Deputy Military Affair Chancellor and the Senate should elect one candidate, such elected candidate should be the Deputy Military Affair Chancellor.
The Military Affair Chancellor is the highest ranking officer in the military of the Commonwealth, but has no operation command, but must assist the Prime Minister to exercise his operation command, the Deputy Military Affair Chancellor is second highest ranking officer in the military of the Commonwealth, but has no operation command, but must assist the Prime Minister to exercise his operation command. The Military Affair Chancellor and the Deputy Military Affair Chancellor should serve a one-year term, but can expire earlier, if it is to the pleasure of the Prime Minister. A person that can be a Military Affair Chancellor and a Deputy Military Affair Chancellor should be a senior officer in the military of the Commonwealth.
The House of Military Affair should have a Federal Military Affair Council. There should be an officer appointed to administer the Air Force of the Commonwealth, an officer appointed to administer the Army of the Commonwealth, an officer appointed to administer the Navy of the Commonwealth and an officer to administer any other branches of the military of the Commonwealth the law deem necessary, such officer should be a senior officer within the branch of the military, which they have been appointed to administer, such candidate should be appointed by the Prime Minister, the Military Affair Chancellor should advise the Prime Minister, on who to appoint to be such officer and such officer should be a member of the Federal Military Affair Council.
(E) The Federal Executive Council should include a House of Human Resource. The House of Human Resource should be administer by a Human Resource Chancellor.
The House of Human Resource has the authority to supervise the Human Resource of the Executive, Legislative and Judicatory branch of the Commonwealth. The House of Human Resource has the authority to supervise any department, agency and organization subject the Executive, Legislative and Judicatory branch of the Commonwealth. The House of Human Resource has the authority to supervise any organization employ by the Commonwealth, in relationship to events, relating to such employment. The House of Human Resource has the authority to supervise any government subject to the Commonwealth. The House of Human Resource has the authority to supervise any organization employ by a government subject to the Commonwealth, in relationship to events, relating to such employment.
The House of Human Resource should have a Human Resource Chancellor. The Prime Minister should present three Human Resource Chancellor candidate to the Senate and the Senate should elect one of the three candidates to the position of the Human Resource Chancellor, within ten days, of been presented with the candidates, such elected candidate should be the Human Resource Chancellor. As often as the position of Human Resource Chancellor is vacant, the Prime Minister should present three Human Resource Chancellor candidate to the Senate within ten days.
The Human Resource Chancellor should serve a term that expires upon the end of the second year of the term of the Prime Minister. The Deputy Human Resource Chancellor should be appointed by been a candidate proposed by the Human Resource Chancellor and approved by the Prime Minister.
The House of Human Resource should have a Federal Human Resource Council, such council should have twenty-nine Human Resource Supervisors, including the Human Resource Chancellor and Deputy Human Resource Chancellor. Nine of the Human Resource Supervisors should be Class A Human Resource Supervisors, he should serve a term that expires at the end of the forth year of the Class B Human Resource Supervisors. There should be nine Class B Human Resource Supervisors, he should serve a term that expires at the end of the eighth year of the Class C Human Resource Supervisors. There should be nine Class C Human Resource Supervisors, he should serve a twelve years term. A person serving as a Class A Human Resource Supervisor, Class B Human Resource Supervisor or Class C Human Resource Supervisor should be a candidate proposed by the Human Resource Chancellor and approved by the Prime Minister or the Grand Senate. There can be no more then five Human Resource Supervisor who are members of the same political party or union. A person serving as a Human Resource Supervisor cannot hold any other position within government or private organization.
The Federal Human Resource Council has the authority to conduct censure against the Legislative, the Executive and the Judicatory branch of the government of the Commonwealth and any department, agency, and organization subject to it. The Federal Human Resource Council has the right to conduct censure against any government subject to the Commonwealth. The Federal Human Resource Council has the right to conduct censure against any organization under the employment of the Commonwealth, in relationship to events, relating to such employment. The Federal Human Resource Council has the right to conduct censure against any organization under the employment of a government subject to the Commonwealth, in relationship to events, relating to such employment.
The Federal Human Resource Council has the authority to audit the Legislative, Executive and Judicatory branch of the government of the Commonwealth and any department, agency or organization subject to it and any government subject to the Commonwealth. The Federal Human Resource Council has the authority to audit any person or organization under the employment of the Commonwealth. The Federal Human Resource Council has the authority to audit any person or organization under the employment of a government subject to the Commonwealth.
When conducting an investigation the Federal Human Resource Council should have the authority to access all materials of the Executive, Legislative and Judicatory branch of the government, if it is under investigation, it should have access to all materials of the department, agency or organization under investigation subject to the Executive, Legislative and Judicatory branch of the government, if it is under investigation, it should have access to all materials of the government subject to the Commonwealth, if it is under investigation, it should have access to all materials of the organization under the employment of the Commonwealth, if it is under investigation, it should have access to all material of the organization under the employment of a government subject to the Commonwealth, if it is under investigation. Any investigation that is been conducted by a the Federal Human Resource Council should be conducted by a committee of nine Human Resource Supervisors.
After the Federal Human Resource Council, completed an investigation the Human Resource Chancellor, the committee charged with the investigation, should hand in a report to the Human Resource Chancellor and the Human Resource Chancellor should present this report, to the Parliament, the report should include reform recommendation and if felt necessary it can also include legislation proposal to the parliament or impeachment proposal. If the report includes impeachment proposal, the proposal must be proposed by at least two Human Resource Supervisors, the decision should be made by a panel of nine Human Resource Supervisors after such panel investigate the case. After the House of Human Resource made an impeachment proposal, if the person that is to be impeach, is a member of the judicatory branch of the government or a member of an organization subject to it, whether such impeachment proposal would be accepted should be determine by the Parliment. If such impeachment proposal is been presented against a person who is a member of the Executive branch of the government or an organization subject to it, whether such impeachement proposal would be accepted should be determin by the Federal High Court, the Prime Minister or the Parliment. If such impeachment proposal is been presented against a person who is a member of the legislative branch of the government or an organization subject to it, the decision of whether such person should be impeach should be determine by the Federal High Court. If such impeachment proposal is been presented against the person serving as Prime Minister, the determination should be made by the citizens of the Commonwealth, over the age of eighteen, in a nation wide vote and can only be approved, if over half of the citizen of the Commonwealth who are over the age of eighteen, vote in favor of impeachment, but such vote can only take place, if the impeachment proposal have been agreed upon by both the Senate and House of Representative. No impeachment can be conduct against a person serving as Prime Minister, during his first year in office and last year in office and an impeachment proposal can only be made against a person serving as Prime Minister, once per term in office, by the House of Human Resource.
If the Federal Human Resource Council found any person to have conducted criminal offense, during the process of their invstigation, it should press charges to the Federal High Court.
The Deputy Human Resource Chancellor should serve as the Auditor General.
The parliament can make various human resource supervising civil or police agency to be subject to the House of Human Resource, such agency should be administered by a Human Resource Supervisor, he should be assign to be administering such agency, by the Human Resource Chancellor.
There should be a State Human Resource Council, which should include nine state Human Resource Supervisors, they should be a candidate proposed by the Human Resource Chancellor and approved by the Prime Minister or the Grand Senate, one of the State Human Resource Supervisor should be the Governor of the State, he should be a candidate proposed by the Human Resource Chancellor and approved by the Prime Minister. A State Human Resource Supervisor should serve a four years term. A State Human Resource Council should have the same authority and responsibility to the State as the Federal Human Resource Council have towards the State.
(F) There should be a Judicatory Chancellor. The Prime Minister should present three judicatory Chancellor candidate to the Senate and the senate should elect one of the three candidates to become the Judicatory Chancellor, such candidate that have been elected should be the Judicatory Chancellor.
The Judicatory Chancellor should serve a term that expire upon six years, he should have a seat in the Federal Executive Council.
The Judicatory Chancellor should replace the Governor General in Chapter Three section seventy-two of the Constitution. The Prime Minister should replace the Governor General and the Queen in Chapter Three section seventy-three and section seventy-four of the constitution.
The Prime Minister has the authority to pardon a person for his crime. The Judicatory Chancellor has the authority to reduce the sentence of a person, if the decision is approved by the Prime Minister. A person can only gain a pardon from the Prime Minister, if he have firstly, made an application to request pardon and secondly, the application is approved by the high court or if a member of the House of Representative made the proposal to Parliament to approve the application, on the behalf of the applicant and the proposal have been agreed upon by the Parliament. A person can only apply for pardon once, for an offense he have committed. Only the Prime Minister should have the right to grand a pardon, towards those who violated laws of the Commonwealth.
A person can only gain a reduce in sentence from the Judicatory Chancellor, if he have firstly, made an application to request for reduce in sentence and secondly, the application is approved by the high court or if a member of the House of Representative made the proposal to Parliament to approve the application, on the behalf of the applicant and the proposal have been agreed upon by the Parliament. A person can only apply for a reduce in sentence once, for an offense he have committed.
(G) The Grand Senate should elect a member of the House of Representative or the Senate to be the Legislative Chancellor and a member of the House of Representative or the Senate to be the Deputy Legislative Chancellor. The person elected as Legislative Chancellor or Deputy Legislative Chancellor should serve such office until he seized been the a member of the House of Representative or the Senate or when the Grand Senate have elected a new person to serve as Legislative Chancellor or Deputy Legislative Chancellor to replace him.
The Legislative Chancellor should be the Chairman of the Grand Senate and the Deputy Legislative Chancellor should be the Vice Chairman of the Grand Senate. The Legislative Chancellor and the Deputy Legislative Chancellor should have a seat in the Federal Executive Council.
The Legislative Chancellor should replace the Governor General in Chapter 1 Part 1 section 5 of the constitution.
The Legislative Chancellor should replace the Governor General in Chapter 1 Part 2, Part 3, Part 4 and Part 5 of the constitution.
Chapter 1 Part 5 section 58, section 59 and section 60 of the constitution, should no longer be used.
The Prime Minister should replace the Queen in Chapter 1 Part 5 of the constitution.
When there is no Legislative Chancellor, the Deputy Legislative Chancellor should serve as Acting Legislative Chancellor, when there is also no Deputy Legislative Chancellor the Deputy Prime Minister should serve as Deputy Legislative Chancellor, when there is also no Deputy Prime Minister, the Prime Minister should serve as Acting Legislative Chancellor.
Whenever the position of Legislative Chancellor or Deputy Legislative Chancellor is vacant, the Grand Senate should meet within two weeks, to elect a new Legislative Chancellor or Deputy Legislative Chancellor.
The number of representative within the House of Representative, should not be more than two hundred and should not be less than one hundred. The number of Senators, should not be more than one hundred and should not be less than fifty. There should be two indeginous Australian reserve seats in the House of Representative and one indeginous Australian reserve seat in the Senate, such member of the House of Representative and Senate, should be a citizen of the Commonwealth, whom have indeginous Australian heritage, they should be elected by all citizen of the Commonwealth who have indeginous Australian heritage, regardless of State or electoral district.
(Chapter 1 Part 1 section 5. 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.)
(Chapter 1 Part 2: The Senate)
(Chapter 1 Part 3: The House of Representative)
(Chapter 1 Part 4: Both House of the Parliament)
(Chapter 1 Part 5: Power of the Parliament)
(Chapter 1 Part 5 section 58 When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he reserves the law for the Queen's pleasure. The Governor-General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.)
(Chapter 1 Part 5 section 59 The Queen may disallow any law within one year from the Governor-General's assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.)
(Chapter 1 Part 5 section 60 A proposed law reserved for the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen's assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen's assent.)
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Additional Propose Reform to the Commonwealth of Australia
(H) All citizen of the Commonwealth are equal in the eye of the law, regardsless of gender, religion, race, social status or political preference.
Chapter 1 Part 3 section 25 of the constitution should no longer be used. Chapter 1 Part 5 section 51 sub section xxvi of the constitution should no longer be used
(Chapter 1 Part Three section 25. For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted.)
(Chapter 1 Part 5 51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xxvi) The people of any race, for whom it is deemed necessary to make special laws)
(I) With the exception of serving member of the Commonwealth defense force, no person should be trial by military law.
(J) Citizen of the Commonwealth should have the following right and responsibility,
(1) The right to migrate to and to live in any state of the Commonwealth.
(2) The right to freedom of religion
(3) the right of public gathering
(4) The right to live, work and own property
(5) The right to press charges
(6) The right to vote.
(7) The responsibility to pay tax
(8) The responsibility to serve in compsoary military service.
(8) The right and responsibility to recieve education.
The right listed above should exclude action that affect the freedom of another person, cause harm to another person, causes disturbance to peace, cause disturbance to society, threaten the Commonwealth or threaten the international community
The right listed above should exclude individual that have been found guilty of conducting a criminal offense, unless he have been pardon for such offense.
The right listed above should exclude organization, who are known or suspected to be of a criminal organization, terrorist organization or any other organization that threatens the freedom of others, cause harm to another person, causes disturbance to peace, cause disturbance to society, threaten the Commonwealth or threaten the international community and individual known or suspected to be a member of such organization.
To prevent conduct that would affect the freedom of others or cause harm to others, such right should exclude the sex industry and gambling industry and individuals who are known or suspect to work in the sex industry or gambling industry.
With the exception of
(a) people who have conducted criminal offense organization,
(b) organization known or suspect to be of, criminal organization, terrorist organization, sex industry, gambling industry, or any organization that threaten the freedom of others, cause harm to others, cause disturbance to society, cause disturbance to peace, threaten the Commonwealth or threaten the international community and people known or suspected to be member of such organization
(b) to prevent a person from affecting the freedom of another
(c) to prevent a person from causing harm to another
(d) during emergency
(e) during martial law
(f) maintain social order
(g) maintain peace
(h) to deal with threats to the Commonwealth or the international community
(i) or to serve public interest,
the law cannot interfere with such right of a citizen of the Commonwealth, but member of the House of Representative and the Senate she retain their right of freedom of speech in parliment, even during martial law.
(K) The law of the Commonwealt and the law of the religion should remain seperate, under no circumstances, should the law of the Commonwealth be used to enforce the law of any religion, regareless of whether it is Christianity, Muslim, Buddhism, Hindu, Judiasm or any other religion. Under no circumstances, can the law of any religion be above the law of the Commonwealth, regardless of whether it is Christianity, Muslim, Buddhism, Hindu, Judiasm or any other religion.
(L) Territory of the Commonwealth can be seperate into Capital Territory, Senior Territory, State Territory and Regional Territory.
Territory of the state can be seperate into Capital State Territory, Senior State Territory, Province and Regional State Territory.
Territory of the Province can be seperate into Regional Province Territory and Senior Province Territory.
Capital Territory, Senior Territory, State, Senior State Territory, Capital State Territory, Province Territory and Senior Province Territory, can have its own constitution, but cannot contradict the constitution of the Commonwealth, it can have its own law, but cannot contradict the law of the Commonwealth.
The constitution of a Senior State Territory, Capital State Territory and Province cannot contradict the constitution of the state it belongs to, its law cannot contradict the law of the state it belongs to.
The constitution of a Senior Province Territory can not contradict the constitution of the Province it belongs to, its law cannot contradict the law of the Province it belongs to.
The government of the Capital Territory, Senior Territory, State Territory, Capital State Territory, Senior State Territory, Province, Senior Province Territory, should include at minimum an executive branch and a legislative branch, a senate and a Premier, the power of the executive branch should be vast on the Premier, it should have an executive council, the member of such council should be appointed by the Premier unless its constitution or law state otherwise and officer who administer its department should be a member of its Executive Council, its legislative branch should include at least the Premier and the Senate.
A Senior Territory, Senior State Territory, Senior Province Territory, Capital Territory and Capital State territory, should have no more then 10000 km square meter surface area and no less then 2000 km square meter surface area.
Subject to this constitution, the same rule that applies to the creation of new state, should apply to the creation of a Senior Territory, Senior State Territory, Senior Province Territory.
A territory can only become a Senior Territory, if it has a minimum population of one million and five hundred thousand. If the population of a senior territory, is less then one million, the Commonwealth can make it a part of a senior state territory of a state, if its population is less then five hundred thousand, the Commonwealth can make a senior province territory of a province, if its population is less then one hundred thousand, the Commonwealth can make it part of regional territory, regional state territory or regional province territory.
Subject to the law of the Commonwealth, both the Commonwealth and the Legislative branch of the State government, has the authority to make a territory that is part of the state that has a population over one million a Senior State Territory and make a Senior State Territory with a population less then five hundred thousand a Senior Province Territory and make a Senior State Territory with a population less then one hundred thousand a regional state territory or a regional province territory.
Subject to the law of the Commonwealth, both the Commonwealth and the Legislative branch of the State has the authority to make any territory of a Province with a population over five hundred thousand a Senior Province Territory and make any Senior Province Territory with a population less then one hundred thousand, a Regional Province Territory. Subject to the law of the Commonwealth and the law of the State, the Legislative branch of the Province has the authority to make any territory of a Province with a population over five hundred thousand a Senior Province Territory and make any Senior Province Territory with a population less then one hundred thousand, a Regional Province Territory.
If such reform is passed, then, within three years, that State of Queensland, New South Wales and Victoria, should combine into the State of East Australia and the Northern Territory, South Australia and Western Australia should combine into the State of Central and Western Australia. If it meet the critirial set out by this constitutional reform, the State of Eastern Australia can pick a territory of Brisbane, Gold Coast, Sydney or Melbourn to be the Capital State Territory, if it is to its pleasure, the State of Central and Western Australia can make a territory of Adelaid, Perth, Alice Spring or Darwin to be the Capital State Territory, if it is to its pleasure, subject to that, within five years, Brisbane and Gold Coast should be seperated into one or multiple Senior State Territory, Sydney should be seperated into one or multiple Senior State Territory and Melbourn should be seperated into one or multiple Senior State Territory, Perth should be seperated into one or multiple Senior State Territory, Adelaid should be seperate into one or multiple Senior State Territory, the remaining territory of Queensland should be sperated into North Queensland Province and South Queensland Province, the remaining territory of New South Wales should be seperated into Outer New South Wales Province and Inner New South Wales Province, the remaining territory of Victoria should become part of the Victoria Province, the remaining territory of South Australia should become part of the South Australia Province, the remain territory of Western Australia should become part of the Western Australia Province, the territory of Northern Territory should become part of the Northern Territory Province.
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If Australia become a Republic, the Republic of Australia proposal
If Australia become a Republic, this article recommend the constitution of the Republic of Australia, should be same as the constitution of the Commonwealth of Australia, but with the following changes.
(1) The term "The Commonwealth", should be replace with the term "The Republic" and the term "The Commonwealth of Australia", should be replace with the term "The Republic of Australia"
(2) The Prime Minister should now be known as the President. The Deputy Prime Minister should now be known as the Vice President. The President should also be the Head of State.
(3) The Prime Minister sworn in proposal recommended within this constitutional should have reform, currently it is
"I do solemnly swear that I will faithfully execute the Office of Prime Minister of the Commonwealth of Australia, and will to the best of my ability, preserve, protect and defend the Constitution of the Commonwealth of Australia."
This should be reformed to
"I do solemnly swear that I will faithfully execute the Office of President of the Republic of Australia, and will to the best of my ability, preserve, protect and defend the Constitution of the Republic of Australia."
(4) The following lines of the Constitution should be removed
Preamble section 2. The provisions of this Act referring to the Queen shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom.
Preamble section 3. It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later that one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia. But the Queen may, at any time after the proclamation, appoint a Governor-General for the Commonwealth."
Preamble section 4. The Commonwealth shall be established, and the Constitution of the Commonwealth shall take effect, on and after the day so appointed. But the Parliaments of the several colonies may at any time after the passing of this Act make any such laws, to come into operation on the day so appointed, as they might have made if the Constitution had taken effect at the passing of this Act."
Preamble section 8. After the passing of this Act the Colonial Boundaries Act, 1895, shall not apply to any colony which becomes a State of the Commonwealth; but the Commonwealth shall be taken to be a self-governing colony for the purposes of that Act.
Chapter 1 Part 1 section 2 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.
Chapter 1 Part 1 section 4 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.
Chapter 6 section 122 The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.
Chapter 7 section 126 The Queen may authorise the Governor-General to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any part of the Commonwealth, and in that capacity to exercise during the pleasure of the Governor-General such powers and functions of the Governor-General as he thinks fit to assign to such deputy or deputies, subject to any limitations expressed or directions given by the Queen; but the appointment of such deputy or deputies shall not affect the exercise by the Governor-General himself of any power or function.
(5) The following line of the constitution should either be removed or replace the term Governor General and Queen with the term President and the Vice President
Chapter 1 Part 1 section 3 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 the Governor-General shall not be altered during his continuance in office.
(6) The following line of the constitution
Chapter 1 Part Three section 34. Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(ii.) He must be a subject of the Queen, either natural-born or for at least five years naturalised under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.
The term "He must be a subject of the Queen." should be replace with the term "He must be a citizen of the Republic"
(7) The following line of the constitution
Chapter 1 Part 4 section 44 Any person who -
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.
Should be changed into
Any person who -
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
(8) The following line of the constitution should be changed
Chapter 8 section 128 of the constitution This Constitution shall not be altered except in the following manner:--
The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.
But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.
When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.
And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent.
No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representative, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.
In this section, "Territory" means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.
This article propose changing it into
Amendment to the constitution should be made, firstly by been a proposal presented to parliment and agree by the President and the Grand Senate. Afterwards, the proposal shall be send to the citizen of the Republic, to be voted on, if over half of the citizen of the Republic vote in favor of the proposal, the amendment proposal should be consider as passed.
(8) Currently in the beginning of the preamble it include an introduction that says
[Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:
And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--]
This would no longer be appropriate if Australia become a Republic, thus it should be removed or replace by something else. Also it should be a good idea to remove "God" from it, this is because, not all people are Christian and some people are athiest. Having said that not all nation have the word "God" in the introduction of their constitution.
For reference, this is the US and South Africa constitution also include a similar introduction
Within the US constitution it wrote
[We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ]
Within the preamble of the South African Constitution it wrote
[We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. May God protect our people. Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso. God seën Suid-Afrika. God bless South Africa. Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.]
(9) The President, Vice President and formal President of the Republic of Australia should be known as a Duke. (the highest ranking title for British nobility is also call a Duke)
The Premier of the Capital Territory, State and Senior Territory should be known as a Prince and a Marquee (The second highest ranking title for British nobility is also call a Marquee)
The Premier of the Province, Senior State Territory and Capital State Territory should be known as a Prince and a Earl (The third highest ranking title for British nobility is also call a Earl)
The Premier of the Senior Province Territory should be known as Baron and a Prince. (The fourth highest ranking title of British nobility is call a Viscount, but that title is for successor of Earl and Marquees. The fifth highest ranking title of the British royalty is call a Baron)
If a Capital Territory, Senior Territory, State, Senior State Territory, Senior Capital Territory and Province has a Deputy Premier, to serve as the successor of the Premier, if the position of Premier become vacant before the term of service end, he should be known as a Viscount.
(10) The President should entrust honor according to the law. The President should dub citizen of the Republic, as a Knight, in accordance to the law.
This reform proposal are presented after referencing the constitution and government structure of the United States of America, The Republic of China (Taiwan), The Republic of South Africa and the Republic of Korea (South Korea)
