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20141109-G. H. Schorel-Hlavka O.W.B. to Mr TONY ABBOTT PM-Re DNA Treaty Issue-etc

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DNA treaty for the good or for the evil. You decide!
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    1  p1 9-11-2014 INSPECTOR-RIKATI ® about the BLACK HOLE in the CONSTITUTION-DVD   A 1 st  edition limited special numbered book on Data DVD  ISBN 978-0-9803712-6-0 PLEASE NOTE : You may order books in the INSPECTOR-RIKATI® series  by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com  Free download of documents at blog Http://www.scribd.com/InspectorRikati  WITHOUT PREJUDICE   Mr Tony Abbott PM  9-11-2014   C/o  josh.frydenberg.mp@aph.gov.au 5 Cc: Bill Shorten Bill.Shorten.MP@aph.gov.au  Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au  Senator George Brandis senator.brandis@aph.gov.au  Senator Julie Bishop senator.bishop@aph.gov.au  Mr Geoff Shaw geoff.shaw@parliament.vic.gov.au  10 Matthew Johnston matthew.johnston@news.com.au David Hurley david.hurley@news.com.au George Williams george.williams@unsw.edu.au  Jessdica Marszalek Jessica.marszalek@news.com.au    Bill Shorten Bill.Shorten.MP@aph.gov.au  15   Senator Mine senator.milne@aph.gov.au  Senate president Stephen Parry  senator.parry@aph.gov.au House of Representative Speaker Bronwyn Bishop Bronwyn.Bishop.MP@aph.gov.au  Ken Lay  Chief Commissioner, Victorian Police C/o  heidelberg.uni@police.vic.gov.au  Mr Clive Palmer   Admin@PalmerUnited.com   20 Jacqui Lambie   senator.ketter@aph.gov.au  Ref; 20141109-G. H. Schorel-Hlavka O.W.B. to Mr Tony Abbott PM-Re DNA treaty issue-etc Tony, As a CONSTITUTIONALIST  my first concern always is if any legislation/treaty is 25 within the true meaning and application of the constitution. I understand from various reports (see also below quotations) the Commonwealth of Australia has signed some kind of treaty with other nations regarding the exchange of DNA details of Australians and others and without going into the scientific details at length I address some issues. 30 Re Wakim; Ex parte McNally; Re Wakim; Ex parte Darvall; Re Brown; Ex parte Amann; Spi [1999] HCA 27 (17 June 1999) QUOTE Constitutional interpretation 35 The starting point for a principled interpretation of  the Constitution is the search for the intention of its maker s[51]. That does not mean a search for their subjective beliefs, hopes or expectations. Constitutional interpretation is not a search for the mental states of those who made, or for that matter approved or enacted, the Constitution. The intention of its makers can only be deduced from the words that they used in the historical context in which they used them[52]. In a paper on constitutional interpretation, presented at 40 Fordham University in 1996, Professor Ronald Dworkin argued, correctly in my opinion[53]:  We must begin, in my view, by asking what - on the best evidence available - the authors of the text in question intended to say. That is an exercise in what I have called constructive interpretation[54]. It does not mean peeking inside the skulls of people dead for centuries. It means trying to make the best sense we can of an historical event - 45 someone, or a social group with particular responsibilities, speaking or writing in a  particular way on a particular occasion. END QUOTE    2  p2 9-11-2014 INSPECTOR-RIKATI ® about the BLACK HOLE in the CONSTITUTION-DVD   A 1 st  edition limited special numbered book on Data DVD  ISBN 978-0-9803712-6-0 PLEASE NOTE : You may order books in the INSPECTOR-RIKATI® series  by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com  Free download of documents at blog Http://www.scribd.com/InspectorRikati  There can be absolutely no doubt that the Commonwealth of Australia possesses powers to enter into treaties, but as shown below it is very limited! Hansard   9-9-1897    Constitution Convention Debates ( Official Record of the Debates of the National Australasian Convention ) 5 QUOTE The Right Hon. G.H. REID : I strongly support the amendment for the reasons which my hon. and learned friend has hinted at. This is an expression which would be more in place in the United States Constitution, where treaties are dealt with by the President and the senate, than in the constitution of a colony within the empire. The treaties made by her Majesty are not binding as laws on the people of the United Kingdom, 10 and there is no penalty for disobeying them. Legislation is sometimes passed to give effect to treaties, but the treaties themselves are not laws , and indeed nations sometimes find them inconvenient, as they neglect them very seriously without involving any important legal consequences. The expression, I think, ought to be omitted. I will deal with the other suggested amendments when the time comes. END QUOTE 15 . HANSARD 8-2-1898   Constitution Convention Debates QUOTE Mr. HIGGINS .-I did not say that it took place under this clause, and the honorable member is quite right in saying that it took place under the next clause; but I am trying to point out that laws would be valid if 20 they had one motive, while they would be invalid if they had another motive.  END QUOTE . HANSARD   1-3-1898  Constitution Convention Debates  QUOTE 25 Mr. BARTON .- The position with regard to this Constitution is that it has no legislative power, except that which is actually given to it in express terms or which is necessary or incidental to a power given. END QUOTE As shown below, the courts have in numerous cases convicted a person upon DNA or alleged 30 DNA results even so the person later might be declared innocent. Yet, once the DNA is in the system in another country then it can be used and manipulate for any purpose, including by such country to misuse it to manipulate a cased against a certain person and/or provide the DNA to another country which then may misused the DNA details. DNA wrongly associated with a person will then enter into the DNA records of numerous 35 countries as such and then the innocent person caused as lifelong problem. Likewise, where DNA was manipulated to wrongly exclude a child from the actual biological father then if this is passed on to other countries it could jeopardized rightful in heritance claims of the child, etc. How do you know if the DNA testing that claimed the man not to be your son in fact was 40 contaminated or switched in error or otherwise defective tested and the man is actually your male child? . I intend to explore this more below but it ought to be clear that the exchange of DNA details in my view is not within the treaties power of the Commonwealth of Australia. 45 . Hansard 2-3-1898   Constitution Convention Debates ; QUOTE Dr. QUICK.- The Constitution empowers the Federal Parliament to deal with certain external affairs , among which would probably be the right to negotiate for commercial treaties with foreign countries, in the same way as 50 Canada has negotiated for such treaties. These treaties could only confer rights and privileges upon the citizens of the Commonwealth, because the Federal Government, in the exercise of its power, [start page 1753] could only act for and on behalf of its citizens.  END QUOTE    3  p3 9-11-2014 INSPECTOR-RIKATI ® about the BLACK HOLE in the CONSTITUTION-DVD   A 1 st  edition limited special numbered book on Data DVD  ISBN 978-0-9803712-6-0 PLEASE NOTE : You may order books in the INSPECTOR-RIKATI® series  by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com  Free download of documents at blog Http://www.scribd.com/InspectorRikati  Again: “ to deal with certain external affairs ”! As such the framers of the Constitution qualified the  provision that it can only relate to matters within which the Commonwealth was granted legislative powers. . Hansard   9-9-1897    Constitution Convention Debates ( Official Record of the Debates of the National 5 Australasian Convention ) QUOTE The Right Hon. G.H. REID : I strongly support the amendment for the reasons which my hon. and learned friend has hinted at. This is an expression which would be more in place in the United States Constitution, where treaties are dealt with by the President and the senate, than in the constitution of a colony within the 10 empire. The treaties made by her Majesty are not binding as laws on the people of the United Kingdom, and there is no penalty for disobeying them. Legislation is sometimes passed to give effect to treaties, but the treaties themselves are not laws , and indeed nations sometimes find them inconvenient, as they neglect them very seriously without involving any important legal consequences. The expression, I think, ought to be omitted. I will deal with the other suggested amendments when the time comes. 15 END QUOTE Hansard   9-3-1898    Constitution Convention Debates ( Official Record of the Debates of the National Australasian Convention ) QUOTE 20 Mr. DEAKIN  (Victoria).-The position of my honorable and learned friend (Mr. [start page 2092] Higgins) may be perfectly correct. It may be that without any special provision the practice of the High Court, when declaring an Act ultra vires , would be that such a declaration applied only to the part which trespassed beyond the limits of the Constitution.  If that were so, it would be a general principle applicable to the interpretation of the whole of the Constitution. 25 END QUOTE The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES  principles embedded in the Constitution; HANSARD 17-3-1898    Constitution Convention Debates  ( Official Record of the Debates of the National 30 Australasian Convention )   QUOTE  Mr. CLARK  .- the protection of certain fundamental rights and liberties  which every individual citizen   is entitled to claim that the federal government shall take under its protection and secure to him. END QUOTE 35 Hansard 1-3-1898   Constitution Convention Debates QUOTE Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? 40 Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry. END QUOTE 45 In my view the issue of DNA relates to a person’s “ CIVIL RIGHTS ” and is not within the constitutional powers of “treaties” for the Commonwealth to engage into some exchange with other countries, and by this might directly and/or indirectly place Australians at risk. 50 QUOTE Re: Minister for Justice - Media release - Minister signs international DNA exchange pilot with United Kingdom    Jim    Today at 12:16 AM 55    4  p4 9-11-2014 INSPECTOR-RIKATI ® about the BLACK HOLE in the CONSTITUTION-DVD   A 1 st  edition limited special numbered book on Data DVD  ISBN 978-0-9803712-6-0 PLEASE NOTE : You may order books in the INSPECTOR-RIKATI® series  by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.com See also www.schorel-hlavka.com  Free download of documents at blog Http://www.scribd.com/InspectorRikati  To Attachments 141106 Minister for Justice - Media release - Minister signs international DNA exchange  pilot with United Kingdom.pdf 5 ----- Original Message -----   From: Mal   To: Jim   Sent:  Friday, November 07, 2014 10:05 PM 10 Subject:  Minister signs international DNA exchange pilot with United Kingdom None, he does not have the authority to do any of this there is no provision in the Constitution for this and putting it under the heading of security does not work either. There is no provision in the constitution for ASIO or any of those agencies.  15 The AFP was set up by Billy Hughes to protect MPs only, not to act as federal police. These powers were added over the years and was sold off in 1976 so they are a private company also.  20 ----- Original Message ----- From: Jim To: Mal Sent:  Friday, November 07, 2014 6:39 PM Subject:  Re: Minister for Justice - Media release - Minister signs international DNA exchange pilot 25 with United Kingdom Mal,   On whose authority did the Minister for Justice act to share any Australian person's DNA and biometric data 30 with multiple foreign nations? Does the federal constitution authorise the federal or state governments to to share their criminal jurisdictions and criminal data with foreign nations? Also do foreign countries violate our federal constitutional law by being allowed to interact within Australia's criminal jurisdiction?   Who does this Keenan imbecile think he is to take it upon himself to share the extremely private molecular 35  blueprint of unknown people without their informed consent? A human's DNA is their private and  personal property and should be inviolable, and certainly not something to be shared with other entities or  people without the DNA owner's consent.   Jim  40 ----- Original Message ----- From: Mail To: Jim   45 Sent:  Thursday, November 06, 2014 10:47 PM Subject:  Minister for Justice - Media release - Minister signs international DNA exchange pilot with United Kingdom [SEC=UNCLASSIFIED] UNCLASSIFIED   The Hon Michael Keenan MP   50 Minister for Justice

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