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ACM Home arrow Head of State

Head of State

Head of State

The only serious argument republicans make to advance their cause is that "we need an Australian as Head of State".

It was argued nine times in the official Yes case sent to all electors in the 1999 referendum. Malcolm Turnbull told the Parliamentary Committee investigating the referendum bill that replacing The Queen with an Australian citizen as Head of State was the most important part of the change.

There is overwhelming evidence that the Governor-General is Head of State. We have posted a large number of articles on this website dealing with this question,  including republican attempts to deny that the Governor General is Head of State.

If you wish to point friends or family to this section, they can  click on the icon "Head of State" in the left hand column of our frontpage at www.norepublic.com.au

A selection of our reports and videos follow. The most relevant outside links are:

   
  • Quadrant: Head of State debate resolved  Further discussion of the decision in R v South Australia with an account of republican attempts to ignore the overwhelming argument that the Governor-General is Australia's Head of State.
 

 

 



We have an Australian Head of State, Mr. Shorten Print E-mail
Head of State
Written by ACM   
Sunday, 25 January 2015

''Let us declare that our head of state should be one of us", opposition leader Bill Shorten said today. ''But  Governor-General Quentin Bryce was often sent overseas as the Australian head of state by the very government in which he was a minister, ACM's David Flint reminded the media.

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Dame Quentin Bryce


"Let us rally behind an Australian republic – a model that truly speaks for who we are: our modern identity, our place in our region and our world," Mr Shorten added at a time when support for a politicians' republic is lower than at any time since the landslide vote rejecting this in 1999. "This is particularly so amongst the young,'' Professor Flint said.


Read more:http://www.smh.com.au/…/bill-shorten-uses-australia-day-eve…

 
Sneaky republican plan to shred our Australian Flag - later Print E-mail
Head of State
Written by Professor David Flint AM   
Monday, 09 June 2014
Once again, the republicans have let the cat out of the bag. They've learned their lesson of the 90s. There are two fundamental points.

 The first is sneaky - leave changing the flag until after they have achieved a politicians' republic.


The second  is that their only argument is about  an Australian head of state.

That's why ACM's consistent argument that we already have an Australian head of state is so important.

We would not argue this if it were not correct. We have very strong legal advice that the Governor-General is the Australian head of state.

 

If you have any doubt that this is and will always be the republicans' only serious argument, just look at the official Yes case in the 1999 referendum.

It's not argued once there. It's argued nine times. The republicans laboured this as the referendum approached. By then they had  abandoned all of their other arguments.

 

Image

 

 

....the policy....

 

 

The chief media flag bearers of republicanism these days are The Sydney Morning Herald and the Age.

On 30 May 2014 they gave their aside a full page for their current chief Republican strategist  Rhys Muldoon piece to editorialise on  the gist of the current Republican campaign.This no doubt represents the views of the broadsheets.


He wrote: ''Yet I, for one, think it wise to hold off on debate over the flag. While I think our flag is very attractive, it would, of course, have to change. To what, I don’t know. But I do think the flag design can come later. At the moment the question is very simple, and should be simple. It is this: Do we want an Australian head of state? That’s it. Yes or No. If we agree that we do, we then move forward. But let’s not get lost in the whos and hows just yet.''

Sneaky isn't it? And note the absolute centrality of the head of state argument.

Read more: http://www.smh.com.au/comment/rhys-muldoons-man-about-town-its-time-to-be-free-of-the-commonwealth-20140605-zrszg.html#ixzz347mZz5vI
 
Sneaky republican plan to shred Flag Print E-mail
Head of State
Written by ACM   
Monday, 09 June 2014
Once again, the republicans have let the cat out of the bag. They've learned their lesson of the 90s. There are two fundamental points.
 The first is sneaky - leave changing the flag until after they have achieved a politicians' republic.

The second  is that their only argument is about  an Australian head of state.

That's why ACM's consistent argument that we already have an Australian head of state is so important.

We would not argue this if it were not correct. We have very strong legal advice that the Governor-General is the Australian head of state.

 

If you have any doubt that this is and will always be the republicans' only serious argument, just look at the official Yes case in the 1999 referendum.

It's not argued once there. It's argued nine times. The republicans laboured this as the referendum approached. By then they had  abandoned all of their other arguments.

 

Image

 

 

....the policy....

 

 

The chief media flag bearers of republicanism these days are The Sydney Morning Herald and the Age.

On 30 May 2014 they gave their aside a full page for their current chief Republican strategist  Rhys Muldoon piece to editorialise on  the gist of the current Republican campaign.This no doubt represents the views of the broadsheets.


He wrote: ''Yet I, for one, think it wise to hold off on debate over the flag. While I think our flag is very attractive, it would, of course, have to change. To what, I don’t know. But I do think the flag design can come later. At the moment the question is very simple, and should be simple. It is this: Do we want an Australian head of state? That’s it. Yes or No. If we agree that we do, we then move forward. But let’s not get lost in the whos and hows just yet.''

Sneaky isn't it? And note the absolute centrality of the head of state argument.

Read more: http://www.smh.com.au/comment/rhys-muldoons-man-about-town-its-time-to-be-free-of-the-commonwealth-20140605-zrszg.html#ixzz347mZz5vI
 
The term Head of State Print E-mail
Head of State
Written by Senator Cory Bernadi   
Sunday, 12 January 2014

It is important to recognise there was (and remains) no reference to the Sovereign as head of state in the Australian Constitution.

Image

Indeed it appears our founding fathers deliberately chose to eschew the term and, through section 61 of the Constitution, assign the Governor-General powers that hitherto had not been given to any Governor or Governor-General anywhere else in the Commonwealth.

[Senator  Cory Bernardi, The Conservative Revolution, 2013, Connor Court,  Ballarat]

 

 
Parliament declares Governor-General Head of State Print E-mail
Head of State
Written by Professor David Flint AM   
Tuesday, 21 May 2013

While our Constitution does not say who the Head of State is, there is no doubt that under international law that the Governor-General is Head of State. And in 1907, the High Court, consisting of our founding fathers, described the Governor-General as the ” Constitutional Head of the Commonwealth.”

That is why ACM has consistently argued that the Governor-General is the Head of State, while describing our monarch as such or as the  1907 High Court bench of Founding Fathers did, as the Sovereign.
 

Image

In any event, Parliament has declared the Governor-General to be  Head of State, as our government does when advising other governments and the United Nations.

This arose in the context of an important international treaty, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.

The Convention, or treaty, was incorporated into Australian law in 1976 under the Crimes (International Protected Persons) Act.

Article 1 of the Convention provides that “the term ‘internationally protected person’ means (a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned...”
 

The article then goes on to refer to other officials including a “Head of Government”.  Readers may wonder at the extended definition of “Head of State” to include members of a collegial body. This is to encompass those countries which do have a collegial body as a Head of State, for example the Federal Council in Switzerland or the Presidium of the Supreme Soviet of the former Union of Soviet Socialist Republics.  

The term “Head of State” would no doubt include the Heads of State of countries which have more than one. One example is Andorra where the co-Princes are the King of France, or his successor - the President of the Republic of France along with  the Bishop of Urgell, and  England under King William III and Queen Mary II. 



...declaration...



 The declaration of the Governor-General as Head of State may be found in subsection  3A(1) of the Crimes (International Protected Persons) Act which provides that “... (1)  For the purposes of this Act, the definition of ‘internationally protected person’ in paragraph 1 of article 1 of the Convention  has effect as if the reference in that definition to a Head of State included, in relation to Australia, the Governor-General...” 

 So there we are. The Governor General is the Head of State. Our governments and Parliament say so. 
 



 

 
 
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