Read the excerpt below from the
Imperial Laws of England, which are still in force, and cannot be repealed
without a referendum.
Does this conflict with state
legislation?
In the early days driving licenses
were issued to drivers for commercial purposes (see Sect 107 of the
Commonwealth Constitution, outlined within p936 of the Annotated Constitution
by Quick and Garran (1901) e.g. goods or passenger transportation, private
people aren’t required to have a license for private travel. Section 92 of the
Constitution grants us free travel within the Commonwealth.
The 1911 and 1913 referendums in regards to
nationalising Monopolies were not carried.
The Statute of Monopolies 1623 prohibits
monopolies, therefore why do corporations like VicRoads have a monopoly on the
roads?
Refer to Northern Territory v Collins [2008] HCA 49 (16 Oct 2008), Patents case.
Imperial
Acts Application Act 1980 – SECT 8
Division
4-Monopolies
[1623-4]
21 or 21 and 22 James I c. III ss 1, 6
An
Act concerning monopolies and dispensations with penal laws and the
forfeiture
thereof.
1.
(1) Forasmuch as your most excellent Majesty, in your royal judgment, and
of
your blessed disposition to the weal and quiet of your subjects, did in the year
of our Lord God one thousand six hundred and ten, publish in print to the whole
realm, and to all posterity, That all grants and monopolies, and of the benefit
of any penal laws or of power to dispense with the law, or to compound for the
forfeiture, are contrary to your Majesty's laws, which your Majesty's declaration
is truly consonant and agreeable to the ancient and fundamental laws of this
your realm.
(2)
And whereas your Majesty was further graciously pleased, expressly to
command,
that no suitor should presume to move your Majesty for matters of
that
nature.
(3)
Yet nevertheless upon misinformations, and untrue pretences of public
good,
many such grants have been unduly obtained, and unlawfully put in
execution,
to the great grievance and inconvenience of your Majesty's
subjects,
contrary to the laws of this your realm, and contrary to your
Majesty's
most royal and blessed intention to published as aforesaid.
(4)
For avoiding whereof, and preventing of the like in time to come, may it
please
your excellent Majesty, at the humble suit of the lords spiritual and
temporal,
and the commons, in this present parliament assembled, That it may
be
declared and enacted.
(5)
And be it declared and enacted by authority of the present parliament,
That
all monopolies, and all commissions, grants, licences, charters and
letters
patents heretofore made or granted, or hereafter to be made or
granted,
to any person or persons, bodies politick or corporate whatsoever, of or for
the sole buying, selling, making, working or using of any thing within this
realm, or the dominion of Wales.
(6)
Or of any other monopolies, or of power, liberty to faculty, to dispense
with
any others, or to give licence or toleration to do, use or exercise any
thing
against the tenor or purport of any law or statute.
(7)
Or to give or make any warrant for any such dispensation, licence or
toleration
to be had or made; or to agree or compound with any others for any
penalty
or forfeitures limited by any statute; or of any grant or promise of
the
benefit, profit or commodity of any forfeiture, penalty or sum of money,
that
is or shall be due by any statute, before judgement thereupon had.
(8)
And all proclamations, inhibitions, restraints, warrants of assistance,
and
all other matters and things whatsoever, any way tending to the
instituting,
erecting, strengthening, furthering or countenancing of the same
or
any of them.
(9)
Are altogether contrary to the laws of this realm, and so are and shall be utterly
void and of none effect, and in no wise to be put in use or execution.
6.
Provided also, and be it declared and enacted, That any declaration before
mentioned
shall not extend to any letters patents and grants of privilege for
the
term of fourteen years or under, hereafter to be made, of the sole working or
making of any manner of new manufactures within this realm, to the true and first
inventor and inventors of such manufactures, which others at the time of making
such letters patents and grants shall not use, so as also they be not contrary
to the law, nor mischievous to the state, by raising prices of commodities at
home, or hurt of trade, or generally inconvenient: The said fourteen years to
be accounted from the date of the first letters patents, or grant of such
privilege hereafter to be made, but that the same shall be of such force as
they should be, if this act had never been made, and of none other.
Legislation source: http://www.austlii.edu.au/au/legis/vic/consol_act/iaaa1980240/s8.html
The Annotated Constitution (by Quick and Garran) is available for download from an original digitised copy of the book (1056 pages , 76.5MB)
https://drive.google.com/file/d/0B21_coIgIYu2Tml3eGRjTXNRMG8/view?usp=sharing
Source Supplied.
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