In Brief: I am concerned at the unlawful attacks by the State Government on our Constitution. Here is my letter on this to the State Speaker, and I attach his incredible reply. We need to prevent this deliberate destruction of our Monarchy and Christian heritage that we enjoy. Web Release June'99
to My Letter to the Speaker:
to The Speaker's Reply: 		to The Queensland Constitution 1867 {Section 4}:
to The Criminal Code Act 1899 {SECTION 44}:
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Letters re the Queensland Constitution

I have sent the following letter re the unlawful attacks on our Constitution to the State 'Speaker', and attach his incredible reply. I have included the words of Section 4 of the Queensland Constitution 1867 in verification of the Oath of Allegiance as prescribed.

For the sake of the next generation of children and grandchildren, we need to get fired up with indignation and the desire to DO something over this deliberate destruction of our Monarchy and Christian heritage. You might be concerned enough to write similar letters (in your own words) and also send one to your local MP. as well. Put them in the hot seat, and see what sort of answers they give you. I have proved over the years that it does have effect - much more so than a simple petition.

Drop me a line to tell me what you wrote and what reply you received.

Rona

My Letter to the Speaker:

(Mrs.) Rona M. Joyner
President, Qld.Festival of Light/
Community Standards Organization (QFOL/CSO)
PO.Box 350, Kallangur, 4503
[Box since closed]
3/05/99

The Hon. Raymond K. Hollis, MLA,
Speaker of the House,
Parliament House,
Brisbane, 4000. By Fax 3283.1073

Dear Sir,

Members' Allegiance to the Queen required under Sec.4 of the Constitution Acts 1867-1961

Under the above section, "No member of the Legislative Assembly shall be permitted to sit or vote therein until that member has taken and subscribed" an oath (or affirmation) of allegiance before the Governor or any person authorized.

  1. Will you please advise me (for the information of members of QFOL/CSO) what were the actual words of the Oath sworn or affirmed by you and every other member of the present Queensland Parliament?
  2. Will you also please advise us the names of those members of Parliament who refused to swear on the Christian Bible?
  3. We would likewise be pleased to receive details regarding what the Premier, the Hon. Peter Beattie, is planning to enable a referendum to be held so that the Queen might somehow be deposed from being Queen or else be removed from being part of Parliament under the Queensland Constitution.

This is a treacherous and/or seditious exercise, and I would respectfully ask you (on behalf of myself and the other members of QFOL/CSO) to carry out your duty as Speaker, to warn the Premier and all other members of Parliament that:

  1. No member of Parliament can change his/her allegiance but must remain totally loyal to Her Majesty at all times, in accordance with Section 4 of the Constitution Acts;
  2. No member of Parliament can suggest, or work towards, removing our Queen or depriving Her of Her Royal Style and Titles, for if they do so they have ceased to maintain their absolute faithfulness to the Monarch and His/Her lawful successors;
  3. Any member who makes a mockery of his/her solemn oath or affirmation, cannot legally remain in Parliament in breach of the Constitution which put them there;
  4. It would be your duty to remove from the House any such disloyal member, who may have thus forfeited his/her right to be there under the Constitution.

I therefore ask you to act accordingly in order to display your own allegiance to our lawful Monarch and Her lawful successors.


Yours faithfully,
Qld.FOL/CSO
Mrs. Rona Joyner
President
 QLDCONST.DOC 3/05/99 4:27 PM 3
The Speaker's Reply:

Parliament House,
BRISBANE, 4000.

Mrs. Rona M. Joyner
President
Qld.Festival of Light/Community Standards Organisation
PO Box 350
[Box since closed]
KALLANGUR. 4503.

Dear Mrs. Joyner,

In the Speaker's absence, I am pleased to address your questions in relation to Section 4 of the Constitution Act 1867.

When you refer to Section 4, please note that it also includes the prescribed oath: [As far as I can tell what follows is NOT the prescribed oath, for the Constitution is a Contract with the Queen of the United Kingdom and Her heirs and successors by law, and NOT with the Sovereign of Australia (given that name by Whitlam). See Oath as prescribed in the Queensland Constitution 1867, Section 4. RJ]

'I, . . (name of member) . . do sincerely promise and swear that I will be faithful and bear true allegiance to Her (or His) Majesty . . (name of Sovereign) . . as lawful Sovereign of Australia and Her (or His) other realms and territories, and to Her (or His) heirs and successors, according to law. So help me God.'

Alternatively, Section 5 sets out Members' entitlement (under law) to make an affirmation instead.

Your question about details of the Premier's plans for a referendum should be directed to the Premier.

Further, in relation to your request for the Speaker to take specific action against the Premier and other Members of Parliament, Mr Speaker has made statements addressing this issue. His view is that the oath in no way precludes a Member from expressing support for a change to republican constitutional arrangements. The oath refers to a Member's faith and allegiance to the "lawful Sovereign of Australia . . . according to law". In our democracy, the lawful choice of our 'Sovereign' and the laws which govern this are ultimately the peoples (sic) - via their lawfully elected representatives. [The monarch is chosen by God through birth and the unchangeable Act of Settlement. Australian politicians do not have lawful authority to chose the Monarch of the United Kingdom, who is our Constitutional Monarch by hereditary succession. The Oath of Allegiance demands our loyalty to the Sovereign of the United Kingdom of Great Britain and Ireland, etc. RJ]

The Speaker has said that he will defend every Member's right to advocate constitutional and legal change in the House and outside. [The Criminal Code Act 1899 Sections 44 to 52 provide for protection of the Monarch and the Constitution from Treason, Treachery and Seditious Enterprises. RJ]

Regards

Stirling Hinchliffe
Speaker's Executive Officer

4 May 1999

The Queensland Constitution 1867, Section 4.

This is how Section 4 on Pages 732/3 of Vol.2 prescribes the words of the Oath and what must happen on the death of a Monarch:

"I A.B. do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland and of this Colony of Queensland dependent on and belonging to the said United Kingdom So help me God"

And whensoever the demise of Her present Majesty or of any of Her Successors to the Crown of the said United Kingdom shall be notified by the Governor of the colony to the said Assembly the members of the said Assembly shall before they shall be permitted to sit and vote therein take and subscribe the like oath of allegiance to the successor for the time being to the said Crown.

Back to The Speaker's Reply or back to My Letter

The Criminal Code Act 1899

Part 2 - Offences Against Public Order

Definition of "seditious intention"

44. An intention to effect any of the following purposes, that is to say -
(a) to bring the Sovereign into hatred or contempt;
(b) to excite disaffection against the Sovereign or the Government or Constitution of the United Kingdom or of Queensland as by law established, or against either House of Parliament of the United Kingdom or of Queensland or against the administration of justice;
(c) to excite Her Majesty's subjects to attempt to procure the alteration of any matter in the State as by law established otherwise than by lawful means;
(d) to raise discontent or disaffection amongst Her Majesty's subjects;
(e) to promote feelings of ill-will and enmity between different classes of Her Majesty's subjects;
is a seditious intention, unless it is justified by the provisions of section 45.
[see also Section 46.]

Back to The Speaker's Reply or back to My Letter

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