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Legal argument is based on the Secession Act of the 1934. The WA Parliament started with the Secession Referendum Act 1932 where the referendum was condcted in 1933 with the result of 66.23% of the votes cast were in the affirmative to seceed. The following year the Act to seceed was drafted as a petition. Part I of the First Schedule to the Act is an address to His Majesty, King George V with part II and III adressing the House of Lords and the House of Commons respectfully.
In 1935 the Petition was sent to London by a delegation of the WA Parliament with a "limited" budget to present their case to the Joint Select Committee that was empowered ony to recomend their findings as to put the petition forward to the Houses. It recomended against (See Report attached). The WA Petition of Secession lay to this day on the table of the UK Parliament (House of Commons?) without the matter being decided.
Provisions of the Right to Petition Act 1860 provided for the streamlining of the administration of the matters that fall under the Right of Petition 1628. is that where proper form is complied with the Petition shall (must) be granted if after 28 days a decision has not be handed down.
PRIMACY OF THE RIGHT TO SECEDE
The primary political right of the individual and of political communities must be to secede from any larger political entity, whether they were born into or were always a part of it, were forced to join it, or voluntarily immigrated to or joined it. If one denies or relinquishes that right, one is little more than a slave.
Secession does not have to mean war and violence but should be a natural evolutionary feature of all political entities. Communities can form networks or confederations, since secession is accepted by both in principles. However, communities will not form "federations" which by definition do not allow secession.
The British set up the indisoluble federation as to disallow the citizens the right to self determination and continue the mentality that Australia was still a colony of convicts, in practice slaves. Slavery was abolished in UK by law prior to this.
1) Under the principles of self determination the people of Western Australia are entitled to select the method of government over themselves and the extent of that government.
2) In 1934 the people of Western Australia exercised that right of choice to change their government.
3) On 31st July 1900 by referendum they exercised the right to join the Commonwealth.
4) At the time the Act creating the constitution had been passed, Western Australia was not then bound by the Act and is therefore not bound by the Preamble and the Peamble cannot violate the ancient laws of England so as to do away with the rights of Crown subjects.
5) In 1932, by referendum , they exercised their right to leave the Commonwealth.
6) There was no power to join the Commonwealth other than the choice of the electors.
7) After the passage of the Statute of Westminster Act 1931 there was no power to leave the Commonwealth other than the choice of the electors.
8) The Statute of Westminster Adoption Act only acts from 3rd of September 1939 and therefore the Commonwealth has no capacity to interfere with the rights of the Western Australian Parliament between 1931 and 1939. The Statute of Westminster on close examination will prove to be unconstitutional without the passage of the Adoption Act by referendum.
9) Having democratically exercised their right according to law, and instructing their representatives, the Western Australian Parlaiament ceased to be empowered to pass legislation concurring with or importing of the Commonwealth upon the passage of legislation, the Secession Act 1934.
10) Upon the expiry of the default time limit the court (Houses of Westmister) had in which to decide the Prayer of the Petition the Secession Act 1934 was effectively granted by clause 8 of the Right of Petition 1860 as the voters of WA constitutes the full jury of the WA Supreme Court.
11) Upon effect of that legislation, the Government of the Commonwealth no longer held legal authority west of the South Australian border.
12) The laws of the Commonwealth do not apply other than in the parts of the continent that remain part of the Commonwealth and Officers of the Commonwealth have no jurisdiction except in those areas of the continent that remain part of the Commonwealth.
13) The Australia Act 1986 is applicable to the Commonwealth excluding Western Australia on the basis that Western Australia was not a legal part of the Commonwealth after 1934
14) The current Letters Patent are constituted under the Great Seal of the Parliament of theUnited Kingdom And Northern Ireland and not under the Seal of Australia. This ceation of the Letters Patent would otherwise be in violation of Commonwealth law as it is now practiced where Section 10 of the Australia Act 1986 forbids the Authorities of the Parliament of United Kingdom having lawful effect in Australia.
After the passage of the 1934 legislation, the Imperial Parliament considered whether Western Australia should be allowed to continue as a separate colony of United Kingdom. Western Australia was not accepted into this relationship, thereby leaving the legislated status quo which is that the Western Australian people had democratically elected to leave the Commonwealth of Australia and that the Parliament of Western Australia had enacted the peoples' will into Law.
That the two acts, Secession Referendum Act 1932 and Secession Act 1934, were tabled into a group of acts as "inoperative but unrepealled" in the Pilot Volume of 1956 was not legally possible for a government founded on representative and respondsible government.
On the basis of the above, as the Act has not been repealed, no citizen of Western Australia is subject to the Commonwealth or to Commonwealth Officers and are subject only to the laws of Western Australia.
Neil Piccinin
Additional Material
See attachments ;
Secession Act 1934.pdf
Secession Report-2nd.pdf
For the debate on the repeal of the secession laws;
Hansard Extracts.pdf