As all Australians should know the colony's founding document/law is the Commonwealth of Australia Constitution Act dated the 9th of July 1900, which came into effect on the 1st of January 1901.
Yes, that's right, 'colony's'. Australia is still a colony, See post: Australia the self governing colony
The Constitution is a document that sets the rules and regulations that people in government must follow.
It offers very little protections, per se for the people, where it's primary directives are for government.
ALL points/aspects of the constitution must be adhered to, period.
The focus is with reference to the last page of the Constitution, that being the Schedule of the Oath or Affirmation.
The Oath states the following:
I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.
SO HELP ME GOD !
The Affirmation states the following:
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.
(NOTE.—The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.)
The Parliamentary Education Office states the following:
Oaths and affirmations are formal vows or promises. An oath concludes with the phrase ‘So help me God’, while an affirmation does not reference religion. Ministers are required to take an oath or affirmation on 3 occasions.
Before ministers can be sworn-in by the Governor-General, they must first be sworn-in as a member of the Federal Executive Council. Section 62 of the Australian Constitution says there must be a swearing-in but doesn’t say what the words of the oath or affirmation are. This is left up to the Governor-General, who administers the swearing-in for members of the Federal Executive Council.
After an Executive Councillor is sworn-in, they then take the oath or affirmation of office as a minister. This is not required by the Constitution or a law but by tradition it is always done. The Prime Minister decides what the oath or affirmation will be for their ministry. The Governor-General administers this to all ministers, assistant ministers and the Prime Minister.
Each minister must also be sworn-in as a member of the Australian Parliament. The words of this oath or affirmation are in the Constitution and can only be changed by the Australian people in a referendum. Section 64 of the Constitution says ministers can be sworn-in up to 3 months before they become a member of parliament. As a result, sometimes being sworn-in as a member of parliament is the last of the 3 oaths or affirmations taken.
IF "The Prime Minister decides what the oath or affirmation will be for their ministry.", then show us the lawfully generated instrument that allows for this.
In reality if the person does not swear the correct Oath or Affirmation as within the Constitution, then that person is not in office lawfully, period.
If the person is not in office lawfully, then whatever actions follow are not lawfully enacted.
For example:
If an MP for example, Katherine Gallagher, has not sworn the Oath or Affirmation as per the Constitution, then she is not in office lawfully, and must be expelled, just like those who had dual citizenships, were expelled under Section 44.
Katherine Gallagher then pushes the Digital ID Bill through, unlawfully.
At another level, if the Bill becomes law, i.e. an Act, is it in circulation lawfully?
Did all the checks and balances occur at every single stage of the law making process?
The short answer would be: No.
See the Oaths and Affirmations of those in office within this 114 page document:
"Australia is a lucky country, run by second-rate people who share its luck." - Donald Horne 1964.
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