Proposed Constitution for the Democratic Republic of Australia

Garry Bates

Part I General Provisions
Section 1 [Principles]
  1. Australia is a sovereign Republic, the constitution of which shall guarantee the inviolability of human dignity and the freedom and rights of the individual as well as promoting justice in society.
  2. The democratic constitution of Australia is confirmed in this Constitution Act and in other Constitutional Acts of Parliament.
  3. The Republic of Australia recognises the prior occupation of Australia by indigenous peoples and the taking of the land by force of arms. The freedom and rights of individual indigenous people shall be the same as all other Australians. The Council of State may make laws to assist in promoting justice and equality for indigenous Australians.
Section 2 [Sovereignty]
  1. Sovereign power in Australia shall belong to the people, represented by Councils convened in session.
  2. Legislative power shall be exercised by Councils in conjunction with the Governor of the Republic.
  3. Supreme executive power shall be vested in the Governor of the Republic in consultation with, and the guidance of, the High Court of Australia and the leader of the General Assembly of the United Nations (or similar body). The Governor of the Republic shall have the power to dismiss a Prime Minister, Minister or Representative only where there is concurrence of the High Court and the Leader of the General Assembly of the United Nations (or similar body).
  4. The Governor of the Republic may disallow any law or Act of the Council of State or Area Council where both the Governor and the High Court believe that the law or Act is not in the best interests of the people or the principles of democracy.
  5. The Governor of the Republic may refer any law or Act of Councils to the High Court for its opinion with regard to Subsection 4. Upon the signed petition of ten out of every hundred citizens entitled to vote for the Governor of Australia, the Governor will so refer an Act or law.
  6. The Governor of the Republic shall be elected by universal suffrage of all citizens as determined by the Council of State on the 1st Saturday in February every six years. The first Governor of the Republic shall be elected for a period of three years.
  7. For the general government of the State there shall be a Council of State comprising the Prime Minister, the requisite number of Ministers and Representatives of Area Councils within the State. Each Area Council shall appoint a Representative to be a member of the Council of State. These Representatives shall elect the Prime Minister who shall appoint Ministers. The Council of State alone shall have the power to make laws, subject to the provisions of this constitution, with regard to the following matters; (To be decided by Referendum)
  8. Judicial power shall be exercised by independent courts of law, at the highest instance the High Court of Australia. The High Court may allow appeal to a United Nations or world Court authority as it sees fit. Members of the courts of law shall be appointed by an Act of the Council of State with the agreement of the Governor of the Republic.
Section 3 [Territory]
  1. The territory of the Australia shall be indivisible. Its boundaries may not be altered except by consent of the Governor of the Republic, The Council of State and the Area Council/s involved.
  2. Local Government shall consist of 127 Area Councils of the Republic. The borders of Area Councils shall be decided, where possible, on the basis of equal population by an independent authority of the High Court of Australia. Each Area Council shall have 11 Councillors elected by universal suffrage of all citizens as determined by the Council of State on the 1st Saturday in February every six years.
  3. Councillors shall elect a Mayor to convene the Council in a manner determined by an Act of the Council of State
  4. Area Councils alone shall have the power to make laws, subject to the provisions of this constitution, with regard to the following matters; (To be decided by Referendum)
Section 4 [Citizenship]
  1. Everyone born in Australia or of Australian parents shall have the right of Australian nationality regardless of colour, race, sex or creed.
  2. A citizen of a foreign State may be granted Australian nationality under the conditions and in the manner prescribed separately by Act of the Council of State.
Part II Fundamental Rights
Section 5 [Equality]
  1. All persons shall be equal before the law.
  2. No one shall, without acceptable grounds, be afforded a different status on account of sex, age, origin, language, religion, conviction, opinion, state of health, disability or any other reason related to the person.
  3. Children shall be treated equally as individuals and shall be permitted to influence matters affecting them according to their degree of maturity.
  4. Equality of the sexes shall be promoted in social activities and in working life, particularly in the determination of remuneration and other terms of service, in a manner more precisely specified by Act of Councils.
Section 6 [Life, Personal Liberty, Integrity, Security]
  1. Everyone shall have the right to life and personal liberty, physical integrity, and security of person.
  2. No one shall be sentenced to death, tortured or otherwise treated in a degrading manner.
  3. There shall be no interference in personal integrity, nor shall anyone be deprived of his liberty in an arbitrary manner and without grounds prescribed by Act of Council. All penalties entailing deprivation of liberty shall be imposed by a court of law. The lawfulness of other forms of deprivation of liberty may be submitted to judicial review. The rights of persons who have been deprived their liberty shall be secured by Act of the Council of State.
  4. No one may be found guilty of a criminal offence or sentenced to a penalty on account of some act for which no penalty had been prescribed by Act of Councils at the time of its commission. No greater penalty shall be imposed for a crime than that which was prescribed by Act of Councils at the time of its commission.
Section 7 [Move]
  1. Australian citizens and aliens lawfully resident in Australia shall have the right to move freely within the country and to choose their place of residence.
  2. Everyone shall have the right to leave the country. Necessary restrictions on this right may be prescribed by Act of the Council of State in order to ensure legal proceedings or the enforcement of a penalty or to secure performance of the obligation to defend the country.
  3. Australian citizens shall not be prevented from returning to the country, nor shall they be expelled from the country or extradited or transported to another country against their will.
  4. Provisions on the right of aliens to enter Australia and to reside in the country shall be prescribed by Act of the Council of State.
  5. No alien may be expelled, extradited or returned if, on account of this, he risks the death penalty, torture or other degrading treatment.
Part III Transition
Section 8 [Dissolution of the State and Federal Parliament]
  1. Powers presently held by the various Parliaments of Australia, New Zealand and of the States of Queensland, New South Wales, Victoria, South Australia and Western Australia and the territories of the Northern Territory and the Australian Capital Territory which are the province of Area Councils shall be passed to the Area Councils within three years of the election of Area Councils.
  2. Powers presently held by the various Parliaments of Australia, New Zealand and of the States of Queensland, New South Wales, Victoria, South Australia and Western Australia and the territories of the Northern Territory and the Australian Capital Territory which are the province of Council of State shall be passed to the Council of State within three years of the election of the Governor of the Republic of Australia.
  3. Upon the second election for the Governor of the Republic of Australia, the Parliaments of Australia, New Zealand and the States of Queensland, New South Wales, Victoria, South Australia and Western Australia and the territories of the Northern Territory and the Australian Capital Territory shall cease to exist.
  4. The first election for Governor of the Republic and Area Council Councillors shall be held on Saturday the Third day of February 2001.
Part IV Changing the Constitution
Section 9 [Amendments]
  1. This Constitution can be amended by Act of the Council of State where that Act is approved by a majority of the citizens by confidential vote and a majority of the Area Councils subject to Section 2(4) of this Constitution.
  2. A Constitution Review Committee consisting of equal representation from the High Court, the Council of State and representatives of the Governor of Australia shall be formed. This committee shall constantly review methods of improving this constitution.
  3. The Constitutional Review Committee shall review and publicly report to the Council of State, the High Court and the Governor of Australia on any suggestion for change submitted as defined in Part I Section 2(5).
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