(re-writing this for clarity and because I’m revisiting and trying to better trace what happened: 5/5/2022.)
The Australia Acts 1986 includes a modification (see end of post for relevant part) to section 11A of the Queensland Constitution Act 1876-1978. Section 11A of the Queensland Constitution is about the office of Governor. Under the Queensland Constitution itself – this section 11A cannot be modified without a Queensland referendum. BUT THERE WAS NO QUEENSLAND REFERENDUM IN THE 80’s!
Does this mean that the Australia Acts itself is of no effect of an Act, because it would need a referendum in Queensland for it to be properly enacted?
See what the Queensland Constitution act says:
Queensland Constitution Act 1876-1978 (this particular section 53 was added in 1977)
Certain measures to be supported by referendum
53.(1) A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—sections 1, 2, 2A, 11A, 11B; and this section 53 shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.
Section 11A can’t be touched without a QLD referendum. But somehow 11A was changed by the Australia Acts – and with no QLD referendum. Reading the above, it sounds like the entire Australia Acts are of no effect because it was not approved by electors in QLD.
There seems to be a lack of contiguity in Queensland’s constitution.
To fix, Queensland parliament appears to have done a clean-up job and reenacted almost the entire constitution as the Constitution of Queensland 2001 – also without a referendum. What power do they have to do this???
They left the old remnant 1876 constitution looking like a pile of crumbs – repealing most of it. Some parts are left behind. 11A is there, but with the Australia Acts amendments (done without QLD referendum), and other clauses to allow them to steal Aboriginal land in – section 30 regarding selling waste lands of the Crown, and section 40 which allows the state to steal and sell our minerals.
See link here and the image above for what is left of the real constitution – most sections are “repealed”. Click here for an older version before it was butchered.
*Just found this link here – I’m not the first to find this and it seems like Queensland’s constitution is a massive rabbit-hole of deceit.
Australia Acts
13 Amendment of Constitution Act of Queensland
(1) The Constitution Act 1867‑1978 of the State of Queensland is in this section referred to as the Principal Act.
(2) Section 11A of the Principal Act is amended in subsection (3):
(a) by omitting from paragraph (a):
(i) “and Signet”; and
(ii) “constituted under Letters Patent under the Great Seal of the United Kingdom”; and
(b) by omitting from paragraph (b):
(i) “and Signet”; and
(ii) “whenever and so long as the office of Governor is vacant or the Governor is incapable of discharging the duties of administration or has departed from Queensland”.
(3) Section 11B of the Principal Act is amended:
(a) by omitting “Governor to conform to instructions” and substituting “Definition of Royal Sign Manual”;
(b) by omitting subsection (1); and
(c) by omitting from subsection (2):
(i) “(2)”;
(ii) “this section and in”; and
(iii) “and the expression ‘Signet’ means the seal commonly used for the sign manual of the Sovereign or the seal with which documents are sealed by the Secretary of State in the United Kingdom on behalf of the Sovereign”.
(4) Section 14 of the Principal Act is amended in subsection (2) by omitting “, subject to his performing his duty prescribed by section 11B,”.