Professional Documents
Culture Documents
The State
1. 2. What to expect when interacting with Sovereign Tribal people. How to interact with Sovereign Tribal people.
3.
Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498 Ngadjon-Jii People v State of Queensland [2007] FCA 1937 Mundraby v State of Queensland [2006] FCA 436
As a general rule, once they are extinguished, native title rights can never be recognised again under Australian law.
Page 49
Published by the National Native Title Tribunal. Commonwealth of Australia April 2004
Legal- That which according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. The equitable owner, is he who has not the legal estate, but is entitled to the beneficial interest. The person who holds the legal estate for the benefit of another, is called the trustee; he who has the beneficiary interest and does not hold legal title, is called the beneficiary. (Bouviers)
Traditional Owners
Traditio- The simple delivery of a piece of property by one person to another with the intention of transferring ownership Owner- One who has the right to possess, use, convey something
Native Title
Those people that are holding legal title to the area are trustees Trustees are not the beneficiaries, they are serfs. Native Title gives legal title of the land to traditional owners (trustee) and makes the State the beneficiary Why do tribal inhabitants have to ask for titles to their lands from an inferior law originating out of Washington DC?
If the tribal inhabitants gave the land away there would be some form of record, lease or treaty etc showing the signature of a Yidindji tribal man. Should the State have to prove lawful possession of the land?
Genesis 1:1 In the beginning GOD (Goopy Gimpy) created the heaven and the earth. Genesis 1:26 And GOD said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
Genesis 1:28 And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth.
Tribal Laws
Was tribal law the first law on this land? Was tribal law a fair law? Does Yidindji still have its tribal laws? Is State law superior to Yidindji law?
The Authorized Version, commonly known as the King James Version, King James Bible, AV, KJB, or KJV, is an English translation of the Christian Bible by the Church of England begun in 1604 and completed in 1611. First printed by the King's Printer Robert Barker, this was the third official translation into English.
LAW
All Laws in Australia, Queensland or Local Councils are for Persons
All acts, statutes, regulation, by-laws codes etc all refer to persons.
(Example) Aboriginal person means a person of
The Person
What is a person? Person- So far as legal theory is concerned; a person is any being whom the law regards as capable of rights and duties. Do we need a person? If so what is our person?
Job 32:21 Let me not, I pray you, accept any mans person, neither let me give flattering titles unto man. Romans 2:11 For there is no respect of persons with God. James 2:9 But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.
GOD has no respect for persons and states that we should not have any respect for persons either The Queen at her coronation stated that she would uphold the laws of the Bible, therefore she cannot have respect for persons Person and man are 2 different things
What is Queensland?
Trademark- A word, logo, phrase or other graphic symbol. The main purpose of a trademark is to designate the source of goods or services. In effect, the trademark is the commercial substitute for ones signature
Government- The structure of principles and rules determining how a state or organisation is regulated, an organisation through which a body of people exercises political authority; the machinery by which a sovereign power is expressed. De facto Government- A government that has taken over the regular government and exercises sovereignty over a nation.
Democracy- Form of government in which the sovereign power is exercised by the people in a body Society- A community of people/ an association or company of persons united by mutual consent Nation- A large group of people having a common origin, language and tradition and usually constituting a political entity
Artificial person- An entity, such as a corporation, created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being Corporation- An entity having authority under law to act as a single person distinct from the shareholders who own it. A corporation is an artificial being, invisible, intangible and existing only in contemplation of law
It is the foundation document to construct the rest of the documents that follow.
Born- A showing that an infant, at the time of birth, was capable of living a separate and independent existence Name- A word or phrase identifying or designating a person or thing Parents- An individual or agency whose status as guardian has been established by judicial decree Guardian- One who has the legal authority and duty of care for anothers person or property because of the others infancy, incapacity or disability.
Surname- 2. They are called surnames, because originally they were written over the name in judicial writings and contracts. (Bouviers) Issue- A class or series of securities that are simultaneously offered for sale Informant- One who informs against another about a crime
Residence- The place where a corporation or other enterprise does business or is registered to do business Witness- One who gives evidence in a cause before a court
Why is the Birth Registration submitted to a court? Was there a crime committed?
Citizenship in Australia
Citizen- A person who is a member of a political community In- Under or based on the laws of Member- One of the individuals of whom an organisation or a deliberative assembly consists, and enjoys the full rights of participating in the organisation Contract- The legal relations resulting from the operative acts, consisting of a right or rights in personam and their corresponding duties, accompanied by certain powers, privileges and immunities.
Obligation- A legal or moral duty to do or not do something. Duty- A legal obligation that is owed or due to another and needs to be satisfied; an obligation for which somebody else has a corresponding right. Right- A legally enforceable claim that another will do or not do a given act. Apply- To make a formal request or motion Pledge- He who becomes security for another Belief- A state of mind that regards the existence of something as likely or relatively certain
As an Australian citizen you have the right to: Vote in federal and state or territory elections, and in a referendum (If it is a privilege then why is it a duty) Apply for work in the Australian Public Service or in the Australian Defence Force Seek election to parliament Apply for an Australian passport and re-enter Australia freely Receive help from an Australian official while overseas Register children born overseas as Australian citizens by descent.
As an Australian citizen you must: Obey the law (All Laws) Vote in federal and state or territory elections, and in a referendum Defend Australia should the need arise Serve on a jury if called to do so.
Australian Citizenship: Our Common Bond
Which Australia?
Which Australia are you applying for citizenship in? Is it this Australia as shown by this flag and symbol?
United Nations
Organization membership
Organisation Membership
Organisation- A body of persons formed for a common purpose
Member- One of the individuals of whom an organisation or a deliberative assembly consists, and enjoys the full rights of participating in the organisation
Citizenship- The quality of a persons conduct as a member of a community Community- A society or group of people with similar rights or interests. So- if Australia was a good citizen of the United Nations then Australia would have to obey all the rules, regulations and laws of that organisation?
UNICEF
WHO
By Association
If you are a citizen of Australia then by association you must be a citizen of the United Nations.
You would then have to obey all laws and rules from Australia and the United Nations. What about other organisations that Australia is a member of?
Yidindji tribal laws belong to the Yidindji tribal people then that is the only law that is from and on Yidindji tribal lands. What other laws are left?
Fatal impact The early governors were told not to harm the Aboriginal people, but the British settlers moved onto Aboriginal land and many Aboriginal people were killed. Settlers were usually not punished for committing these crimes.
Australian Citizenship: Our Common Bond
Captain Cook
Captain Cook was instructed: You are likewise to observe the Genius, Temper, Disposition and Number of the Natives, if there be any and endeavour by all proper means to cultivate a Friendship and Alliance with them, making them presents of such Trifles as they may Value inviting them to Traffick, and Shewing them every kind of Civility and Regard; taking Care however not to suffer yourself to be surprized by them, but to be always upon your guard against any Accidents.
Secret Instructions to Captain Cook, 30 June 1768
British Settlement
When they first settled in Australia, the British Government did not make a treaty with the Aboriginal people. The Indigenous people had their own economies and an ancient connection to the land. The Government could not recognise this because there were no such systems or beliefs in Europe. Aboriginal people did not grow crops or set up homes to stay in one place as the British did, so the Government thought they had no sense of ownership. The Government FELT FREE TO TAKE over the land.
Australian Citizenship: Our Common Bond
That would be classed as stealing, robbery or theft by the police, you could go to jail? What is the difference here?
Schedule 1 The Criminal Code 1899 Part 6 Offences relating to property and contracts Chapter 41 Receiving property stolen or fraudulently obtained and like offences (a) a thing that has been obtained by way of an act constituting an indictable offence 433 Receiving tainted property (1) A person who receives tainted property, and has reason to believe it is tainted property, commits a crime. Maximum penalty (a) if the property was obtained by way of an act constituting a crime14 years imprisonment
Criminal Code 1899
Where did the State get lawful possession of the land? They did not get lawful possession They just felt free to take over the land This is a tort and there is no time limitation on torts. Stolen property (tainted property) always remains the property of the one having lawful possession
The Land
What was this land called 500 years ago? Is Australia a colonial name? In 1817 Governor Macquarie of New South Wales received a copy of Flinders' book, and started to use 'Australia' in his official correspondence and by the end of the 1820s 'Australia' was commonly used as the continent's name. Is Queensland a colonial name? Queen Victoria granted approval and signed Letters Patent on 6 June 1859 to establish the new colony of Queensland. On the same day, an Order-in-Council gave Queensland its own constitution. What was New Holland?
Yidindji
It is current today
What would happen if the SOVEREIGN PEOPLE come back and ask for their stuff (that the government is holding in trust) to be handed back?
Is the Queen telling us to give everything back to the State (Caesar) and travel along side with GOD (GOOPY GIMPY)
Her Majesty Elizabeth the Second, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas Queen, Defender of the faith. In London, she was proclaimed as Queen Elizabeth the Second, by the Grace of God Queen of this Realm and of Her other Realms and Territories, Head of the Commonwealth, Defender of the Faith.
Further research
What is known as the International Bill of Human Rights is made up of: Universal Declaration of Human Rights (1948) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Optional Protocol to the International Covenant on Civil and Political Rights Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Slavery Convention