Lexi Webster
The Australian government has never become a corporation, despite several conspiracy theories claiming otherwise. The Australian government registered with the US Securities and Exchange Commission (SEC) in 2008 to sell government securities in US markets, which is a routine process for governments. The registration was made for operational reasons and does not make Australia a corporation.
| Characteristics | Values |
|---|---|
| Date of registration with the US SEC | 2002 (digitally available filings) but brought to attention in 2008 |
| Purpose of registration | To sell Australian government securities in US markets |
| Type of registration | Form 18 (used for foreign government registrations) |
| Status of registration | No evidence of Australian government becoming a US corporation |
| Conspiracy theories | Australia is a privately-owned US company; Australia ceased being a sovereign nation |
| Sovereign citizen movement claim | Australia is a corporation, and therefore cannot negotiate a treaty with Aboriginal and Torres Strait Islander peoples |
| Evidence used by conspiracy theorists | Australian government's use of ABNs and registration with the US SEC |
| Experts' response | Registrations were made for routine operational reasons and do not make Australia a corporation |
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What You'll Learn
Australia is not a corporation, it's a corporate state
Australia is officially the Commonwealth of Australia, a country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. In 1901, the colonies federated, forming the Commonwealth of Australia. This continued a process of increasing autonomy from the United Kingdom, which was highlighted by the Statute of Westminster Adoption Act of 1942 and culminated in the Australia Acts of 1986.
The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition of government. Powers are distributed between a national government (the Commonwealth) and the six states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia).
While Australia is not a corporation, there are claims that it is a corporate state. This pseudo-legal theory, based on earlier American theories related to the illegitimacy of the Internal Revenue Service (IRS), asserts that Australia is a corporation registered with the US Securities and Exchange Commission (SEC). It also claims that the current Commonwealth Constitution is not legitimate, that local government in Australia is unconstitutional, and that every Australian has two personalities: a natural personality and a legal personality.
However, these claims are baseless. The registration of Australia utilized Form 18, which is used only for foreign government registrations with the SEC and does not create a corporate entity. Australia registered with the SEC in 2008 to be able to sell government securities in US markets, which is a requirement for all foreign governments. This does not violate Australia's sovereignty or indicate that Australia is a corporation.
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The Commonwealth of Australia is a US SEC-registered entity
The Commonwealth of Australia's registration as a US SEC-registered entity has sparked various conspiracy theories. Some believe that this registration indicates that Australia is no longer a sovereign nation or that it violates the Australian Constitution. However, these theories are baseless, as Form 18 registration does not create a corporate entity and thus does not compromise Australia's sovereignty. US laws and regulations would only apply to operations conducted within the US, specifically to securities issued in the US.
The Commonwealth of Australia's registration with the US SEC dates back to 2002, but it gained attention in 2008 following the Global Financial Crisis and the introduction of the deposit guarantee scheme under the Rudd government. This scheme allowed the Australian Government to issue debt securities subject to US laws and financial regulations if an institution covered by the scheme collapsed. As of 2020, Australia has not issued any securities related to the deposit guarantee scheme through this entity.
The registration of the Commonwealth of Australia as a US SEC-registered entity has been the subject of Freedom of Information (FOI) requests to the Department of the Prime Minister and Cabinet. These requests seek information on whether the Commonwealth of Australia registered in the US is the same organisation as the Commonwealth of Australia authorised by the Queen of England and her successors in the Commonwealth of Australia Constitution. The requests also ask for evidence of the Commonwealth of Australia Constitution authorising the registration and call for a referendum to allow Australians to vote on the issue.
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Australia's sovereignty and constitution
Australia is a sovereign nation with a constitution that outlines its political structure and establishes the country as a federation under a constitutional monarchy with a parliamentary system. The Constitution of Australia, also known as the Commonwealth Constitution, is the fundamental law that governs this structure. It consists of eight chapters that outline the roles and powers of the three branches of the federal level of government: the Parliament, the Executive Government, and the Judicature.
The Constitution emerged from a series of conferences and conventions held by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. These conferences, promoted by the premier of New South Wales, Henry Parkes, began in 1890 and gained momentum in 1891, with discussions turning towards federalism and the proper system of federal government. A draft constitution was drawn up under the guidance of Sir Samuel Griffith, but these early attempts lacked popular support.
A new convention was established by popular vote in 1895, and it met from 1897 to 1898. This convention produced a draft with similar principles to the 1891 version but included provisions for responsible government. This draft was presented to the electors of each colony, and after ratification by five of the six colonies, it was transmitted to London. After some modifications, it became the Commonwealth of Australia Constitution Act 1900, which received royal assent on July 9, 1900.
While Australia is a sovereign nation, there have been conspiracy theories and pseudo-legal theories suggesting that it is a corporation or a corporate state. These theories often relate to the registration of the "Commonwealth of Australia" as a US Securities and Exchange Commission (SEC) entity in 2002 and its update in 2008 to allow the issuance of debt securities subject to US laws if covered institutions collapsed. However, this registration is a standard requirement for foreign governments selling securities in the US market and does not create a corporate entity, nor does it violate Australia's sovereignty.
Additionally, the pseudo-legal theories claim that the Commonwealth Constitution is illegitimate, citing changes to the Queen's title in 1973 by Prime Minister Gough Whitlam, who updated it to "Queen of Australia." They also argue that local government is unconstitutional due to referendum results, and that Australians are not obligated to pay certain taxes or fines. However, these theories are baseless and do not hold legal weight.
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Australia's Aboriginal community
Australia, officially the Commonwealth of Australia, is a representative democracy where voters elect candidates to carry out the business of government on their behalf. The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition of government.
The ancestors of Aboriginal Australians began arriving from Southeast Asia 50,000 to 65,000 years ago during the last glacial period. By the time of British settlement, Aboriginal Australians spoke 250 distinct languages and had one of the oldest living cultures in the world.
In 1788, British colonisation began with the establishment of the penal colony of New South Wales. By the mid-19th century, most of the continent had been explored by European settlers, and five additional self-governing British colonies were established, each gaining responsible government by 1890. The colonies federated in 1901, forming the Commonwealth of Australia.
Since the 1960s, successive Australian governments have worked with Aboriginal and Torres Strait Islander peoples towards reconciliation. In 2008, the Australian Parliament passed a motion of Apology to Indigenous Australians for past mistreatment and injustices, particularly the Stolen Generations, who were Indigenous children forcibly removed from their families.
National Sorry Day is held annually on May 26 to acknowledge this mistreatment, and NAIDOC Week celebrations are held each July to commemorate the history, culture, and achievements of Aboriginal and Torres Strait Islander peoples.
Despite these efforts, some members of Australia's Aboriginal community continue to feel marginalised and disempowered. There have been allegations that Aboriginal leaders have compromised their people's sovereignty for personal gain. Additionally, pseudo-legal theories have emerged, claiming that Australia is a corporation registered with the US Securities and Exchange Commission (SEC), which has led to further feelings of disenfranchisement within the Aboriginal community.
These theories, however, are baseless, as Form 18 registrations are used solely for foreign government registrations and do not establish a corporation. Furthermore, the registration of Australia did not create a corporate entity, thus respecting Australian sovereignty.
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Australia's relationship with the UK and US
Australia has never become a corporation, but it did register a corporation with the US SEC in 2008. This was done to allow the Australian government to sell securities in US markets. This action has been the subject of conspiracy theories, which claim that Australia is no longer a sovereign nation. However, these theories are baseless, as the registration used did not create a corporate entity.
Australia has a strong relationship with the UK, underpinned by shared democratic values, common interests, and cultural affinities. The two countries have a long history of close collaboration in military affairs and are members of the AUSCANNZUKUS security cooperation and the Five Eyes intelligence-sharing alliance. In March 2023, the two countries announced a new class of nuclear-powered submarines that would be built and operated by both nations, incorporating US technology. The UK and Australia also signed a defence and security cooperation agreement in March 2024. Additionally, the two countries have a close sporting rivalry and enjoy friendly competition in various sports.
Australia and the UK have also been working towards freedom of movement between the two countries, as well as with Canada and New Zealand. This is similar to the Trans-Tasman Travel Arrangement between Australia and New Zealand. The Australia–United Kingdom Free Trade Agreement includes increased freedom of movement between the two countries.
Australia and the US have a robust relationship, with strong economic, academic, and people-to-people ties. The US is Australia's largest foreign investor, and US firms have been operating in Australia for over 100 years, contributing significantly to the country's economy and employment. Australia and the US also have a strong security alliance, working together to maintain peace and stability in the Indo-Pacific region and collaborating in the fight against terrorism and violent extremism.
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Frequently asked questions
No, the Australian government is not a corporation, but a corporate state. All foreign governments that sell bonds and securities in the US market are required to register with the US SEC, which Australia did in 2008.
The Australian government registered with the US SEC in 2008. This was done to guarantee the foreign borrowings of Australia's banks, which required deeds of guarantee that could be accepted in US markets.
The Australian government registered with the US SEC to be able to sell Australian government securities in the US market.
The Australian government has been working with Aboriginal and Torres Strait Islander peoples towards reconciliation since the 1960s. In 2008, the Australian Parliament passed a motion of Apology to Indigenous Australians for past mistreatment. However, some Aboriginal people have criticized the government for acquiescing to their sovereignty and not representing their interests.
