Government of the

Principality of Hutt River


******** MEDIA RELEASE ********
Australian Election 2010 Concerns
16th August 2010



It is considered advisable, that before the Principality of Hutt River considers signing any Treaty with Australia, that verification of the Lawful validity of Constitutional Authority of the Australian Parliament and its Government, should be verified. 

On a previous occasion the Principality drew the attention of the High Commissioner from the United Kingdom of Great Britain to the legal liability of the UK, as a result of the Australian Government within an act of Parliament wrote, 

 “We are not abiding by the Constitution because the founders
 of the Constitution could not envisage the circumstance of today”.

 The Commonwealth Constitution of Australia is an act of Great Britain, which we are informed was passed by the House of Lords in 1920. 

There is provision therein, for the Australian Government to make amendments, only as a result of a Referendum. 

There is a provision in the Constitution of Commonwealth of Australia, to, “Naturalize Aliens”, which is of course by the Act of Great Britain to grant the alien, “British Citizenship”. 

Any person or Department who without actual Constitutional Authority, make claim to having Constitutional Authority, are committing an offence in Law against the Constitution.  

History is quite full of Regimes, who take office and rule by the power of office a not by their constitution or legal authority, often to the detriment of its people.  This is often seen to occur when the news media become blind and condone such occurrence. 

On the occasion of the Australian Federal Election of 21 August 2010, it appears to be a worthy occasion by which to check the Constitutional Authority of its electors and those elected therewith.


In response to my recent letter to the Australian Electoral Commissioner, Mr Edward Killesteyn PSM, I have received a reply on his behalf from the AEC Chief Legal Officer, Mr Paul Pirani dated 03 August 2010, in which he states amongst other things:

            “The AEC does not hold records of whether or not a person is an
Australian citizen and the date when that citizenship may have been acquired.

The AEC acts upon the advice provided by the Department of

Immigration and Citizenship in relation to the administration of these provisions in the Commonwealth Electoral Act 1918 (Electoral Act) which contain a requirement relating to Australian citizenship.”

            “The AEC notes that being an Australian citizen is not the sole ground
of eligibility to be on the Commonwealth electoral Roll.  Paragraph 93(1)(b) of the Electoral Act
states that there are two categories of persons who are entitled to be on the Roll.
First, there are Australian citizens.  Second, there are “those persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law” and whose name was on the Roll
prior to 26th January 1984.”

 The moral entitlement of a person who had their British Citizenship, taken from them by the British Citizenship Act, effective on 1st January 1949, and who after 1975 remained on the Roll.  They were not taken off the Roll, even though they were legally, Aliens, but remained on the Roll as if they were will with British Citizenship, and could thereby vote as with their British Citizenship.

 But the AEC hold that all those on the Roll to vote in the 21 August 2010 Election
are considered to be Australian Citizens. 

Mr. Pirani states in his reply:

            “However, the mere fact that a person’s name appears on the Commonwealth
electoral Roll would suggest that they fall within the qualifications
contained in Section 93 of the Electoral Act.”

 The Official AEC guide to the Federal Election, Saturday 21 August 2010 states:

             “Voting is compulsory for Australian Citizens on the Electoral Roll
aged 18 years and over.  If you don’t vote you may face a penalty.”

 In thence checking the Department of Citizenship, whom the AEC state, they act upon the advice provided by the Department, we have checked the “Readers Guide.  Australian Citizenship Act 2007”, it states: 

            “There is no reference to Australian Citizenship in the Australian
Constitution, and consequently there is no explicit Constitutional
Right of Citizenship”.

 In conclusion, as verified by the Department of Immigration and Citizenship, there is no Constitutional Authority for ‘Australian Citizenship', then where the Electors and Elected in the 21 August 2010 are held to be Australian Citizens, they thereby have no Lawful Constitutional Authority.

Until valid procedure is undertaken to rectify the grave legislative oversight which has occurred, as far back in time as 1948, then the unlawful situation will be a continuing prevailing matter.

In the meantime any Australian Government resulting from the 21 August 2010 Australian Federal Election, will be considered to be utilizing Power of Office, not Constitutional Authority.

The abundance of disregard to valid authority of the Constitution by the Australian Government is one to be considered of a major concern by those who may have reason to deal with such an Unconstitutional Government.

There are further greater anomalies of disregard of the Australian Constitution by the Australian Government, and no intention to rectify such appears to be imminent.

We await a Lawful Constitutional Parliament and Government of Australia for further discussions and mutual benefits.

HRH Prince Leonard
Principality of Hutt River
August 16th 2010




Letter to:
Hon. Ms, Julia Gillard
2nd July 2010


August 2010

Letter to:
Australian Electoral Commissioner
Mr Edward Killesteyn PSM

23rd July 2010

Contact HRH Prince Leonard: 


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