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04 Australian Tax Office an Illegal Entity? It seems so.

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The Australian Government is misleading us about taxation.

The Australian people are being sorely deceived by their government.

In fact, deceived is probably too mild a word!

For years politicians, senior judiciary and many, many lawyers have known that the ATO is illegal.

And no-one, and I mean not one person, wants to do anything about it.

While they ‘sit on their hands’ the people are being seriously oppressed by this entity that does not even exist. Since its so-called inception in 1974 senior tax officers have been earning juicy bonuses based on the size of the assessment (illegal) notices issued to taxpayers – regardless of their accuracy, or should I say inaccuracy. Many of these assessments are wildly inflated and would be thrown out of a court.

Politicians, complicit with the ATO have legislated to tie the court’s hands.

If the ATO issue an assessment notice the court has not choice other than to enforce a judgement on the hapless taxpayer – regardless of the notice’s accuracy. Lawyers call it the ‘pay now, fight later’ strategy.

It should be called the ‘tie both hands behind their back so they can’t fight’ strategy.

After all, if the ATO has taken all your money, sold all your assets (often in a ‘fire sale’) what do you have left to fight them with? Lawyers want to be paid before they will fight for you.

If this is not oppressing the people, I don’t know what is!

Australia is rotting – and this rot needs to be exposed. If the people (read media / blogs with strong followings here) don’t stand up they will become a part of this cancer!

Many blogs have massive readerships and are quite influential, especially now that so many Australians despair about the ‘state of the nation’. Many are saying ‘can’t wait until the election so that we can get rid of this incompetent government’ etc. etc. and ‘I don’t know how this country can recover from the debt amassed over the last 6 or so years.’

However, the malaise goes deeper than just one political party.

And waiting until an election won’t change much.

Australians needs to get out from under the ever increasing burden of taxes and debt. It won’t happen unless the people demand it.

And the people won’t demand it unless they learn the truth.

Some facts about the Australian Taxation Office (ATO):

Preface: All law in Australia must be passed by a Parliament in both houses (in states that have both houses) and then by law must be gazetted.

Fact: The law that established the Australian Taxation Office has been challenged in a particular court. The Plaintiff created the need to document the ATO’s formation to the satisfaction of the Defendant and the Court.

The Plaintiff, with the approval of the Australian National Library, brought into the court every Federal Government Gazette for the time period around when the law (taxation) was passed by the Federal Parliament. The Defendant was then asked to ‘Please show us in which Gazette we will find the Legislation regarding the Australian Taxation Office’ to which the Defendant stated; ‘it is not in any Government Gazette’,

The judge of the matter then stated; ‘You have proved beyond any doubt that the law establishing the Australian Taxation Office has not been Gazetted and thus place its legality in question’.

Further, Justice J Callinan, in Moelike v Chapman [B8/2000 (24/8/2000)], agreed that the ATO was not a legal entity. This has been validated by two judges.

Since this case, an article from the Aussie POST quotes the High Court case on May 17, where the ATO admitted it isn’t a legal personality, a view also held by the presiding judge, JusticeCallinan.

It goes further, stating “at the heart of the matter is the inability of the ATO to provide any documentation that proves it is either a legal entity, or was established following correct procedure...”.

Further, a response by Anthony Wallace, of the ATO, to Mr D Cameron on February 25, 2000, in an affidavit, stated that the writer and others he contacted could not identify any relevant files or documents establishing the ATO.

The Australian Government has grossly misled the people of Australia in matters relating to taxation.

Attached is an extract from a letter from oppressed taxpayers to the ATO in March 2011, along with attachments referred to in the body of this letter. To date, there has been no response by the ATO to the taxpayers concerned. Instead the ATO continues to forge ahead with their stated intention to take every single asset.

Be warned: This is not an isolated incident. Sadly, it is an all too common story, although this case is even worse than most....

Without ‘ordinary’ Australians taking action, creating a groundswell against this tyranny, it will continue unchecked. And when this type of action is allowed to continue it will escalate. For people who believe they are above the law become more and more bold in their coercion of those they see as powerless!

It has been written that all that is needed for evil to flourish is for ‘good’ men to do nothing – and history shows that this is the truth.

It may be insidious here in Australia, but none the less it is evil.

I plead with you to become a part of the solution, rather than be seduced into thinking you cannot do anything to stop it.

And so I end with the allegory of the frog in the pot of water.

A frog can easily leap from a pot of water. And is likely to do so if the water is too hot (uncomfortable). However if the water is cool, the frog sees no reason to jump out.

So if one wants to cook the frog, just put it into a pot of cool water. Place it onto the hotplate, turn the power on to it’s lowest setting and slowly, slowly the water temperature will rise. The frog will NOT leap from the pot to safety.

Why?

Because the rise in temperature has been so gradual, it never even noticed. It remained comfortable while it was being slowly cooked.

Then, please ask yourself, am I being slowly ‘cooked’?

And if you begin to feel just a little uncomfortable, maybe even before reading the attachments, then maybe it’s time to read them, and then do some more research for yourself – all the evidence is out there for anyone prepared to look....

Extract of Letter to the Australian Taxation Office dated 21st March 2011

Attachment # 1: Article by Greg McLean in Aussie POST

Attachment # 2: Affadavit by ATO officer Anthony Wallace

Attachment # 3: Ruling by Master Bencher Bowman June 23rd 2004.

Attachment # 4: Sir Harry Gibbs Explanatory Statement

Attachment # 5: Sir Harry Gibbs Letter

Supporting evidence:

The following facts support the claim of the ATO being illegal:

All law in Australia must be passed by a Parliament in both houses (in states that have both houses) and then by law must be gazetted.

The law that established the Australian Taxation Office has been challenged in a particular court whereby the Plaintiff created the need to document the ATO’s formation to the satisfaction of the Defendant and the Court.

The Plaintiff, with the approval of the Australian National Library, brought into the court every Federal Government Gazette for the time period around when the law was passed by the Federal Parliament.

The Defendant was asked to ‘Please show us in which Gazette we will find the Legislation regarding the Australian Taxation Office’, to which the Defendant stated; ‘It is not in any Government Gazette’.

The judge of the matter then stated; ‘You have proved beyond any doubt that the law establishing the Australian Taxation Office has not been Gazetted and thus place its legality in question’ he went on, ‘But I can not permit Australia to fall into financial chaos and thus strike out this evidence’.

Further, Justice J Callinan, in Moelike v Chapman [B8/2000 (24/8/2000)], agreed that the ATO was not a legal entity. This has been validated by two judges.

Since this case, an article from the Aussie POST i quotes the High Court case on May 17, 2000, where the ATO admitted it isn’t a legal personality, a view also held by the presiding judge, Justice Callinan. It goes further, stating “at the heart of the matter is the inability of the ATO to provide any documentation that proves it is either a legal entity or was established following correct procedure...”.

Further, as a response by Anthony Wallace, officer of the ATO, to Mr D Cameron on February 25, 2000, in an affidavit ii, stated that the writer and others he contacted could not identify any relevant files or documents setting up the ATO.

The Australian Government has misled the people of Australia in matters relating to taxation.

Extracts from letter, in our possession, and dated June 29, 2005, addressed to the ‘Taxation Commissioner’, Mr M Carmody, follow:

The letter stated:

As you are apparently aware, via Australian “High Court” cases and numerous other legal challenges against the “Australian Taxation Office”, the credibility of your “commission” and the status of the “ATO” have been known to be, for some considerable time, illegitimate.

Please take further notice that your “commission” is entirely dependent upon the following:

Laws issued by a legal “Australian Parliament” granting the gathering of taxes,

A legally appointed “Australian Government”, and;

A Governor General with the appropriate legal status as granted by Her Majesty Queen Elizabeth II, Queen of the United Kingdom and Northern Ireland,

It was also stated:

Please take further notice that as it has been revealed in courts in the United Kingdom:

The ruling iii in the Chancery Division of the High Court in London, on Friday 25th June 2004 (the case was heard by Master Bencher Bowman, of the Chancery Division of the British High Court, who had previously reserved his decision on 9th March 2004), has stated that “Letters Patent, issued under ‘The Great Seal of Australia,’ by Her Majesty Queen Elizabeth II, Queen of the United Kingdom and Northern Ireland, appointing a Governor General in Australia, have been issued incorrectly.”

That as a result of the ruling of the Chancery Division of the British High Court, that the Governor General of Australia holds no executive powers what so ever.

That as a result of the ruling of the Chancery Division of the British High Court, all current Australian Laws assented to on behalf of a British Monarch by the Governor General of Australia, cannot hold any valid or legal executive authority as the Governor General’s appointments have not been lawfully issued and are in legal terms ultra vires.

It was also stated:

I have included, as attachments to this letter, documents and letters that have been sent to various persons to acquaint them with the travesty of injustice that has been imposed upon the peoples of the Commonwealth of Australia.

It was further stated:

Take Note: that as you now have both actual and constructive notice of this legal defect you have a Duty of Care Obligation to act immediately and step down from your position, once you have notified the peoples of the Commonwealth of Australia.

It was also stated by the writer that shortly after the letter was delivered, Mr Carmody left the position of Commissioner of Taxation and was replaced by another and that there was no response to his letter.

Another letter in our possession, by the same writer, was sent to the new Commissioner of Taxation on or about 15th February 2006 and stating:

Please take notice: that I requested the “Commissioner of Taxation” to step-down on the 29th June 2005 as he held no legal status.

It was also stated:

Accordingly any attempt by the “Australian Taxation Office” to demand monies with menace from any Australian citizen is an illegal act and must stop forthwith. All current and pending claims by the “Australian Taxation Office” upon the Citizens of Australia must be withdrawn immediately.

I (writer of this letter) forwarded documentation to the “Taxation Commissioner” on the 29th June 2005 to acquaint him with the travesty of justice that has been imposed upon the peoples of the Commonwealth of Australia. You are advised to review this documentation without delay.

Take Note: that as you now have both actual and constructive notice of this legal defect you have a Duty of Care Obligation to act immediately.

Thus, as is made clear in the above information and attachments, no current law, created in Australia after 1919 has any legality. The writer of the above letter extracts was attempting to rectify this matter with the least amount of political, financial and human suffering as possible. Rather it was an attempt to ‘wake up’ the system.

Further, we are aware of private arrangements made by the Australian Taxation Office and other persons. Many people had taken action against (or had actions taken against them) by the Australian Taxation Office. We understand that in such private arrangements, the Australian Taxation Office had dropped all legal action and paid compensation to the opposing party(s).

We further understand that in many documented cases people had entered into an arrangement whereby the opposing party need not pay any further taxation in Australia. In some cases the Australian Taxation Office has even agreed to reimburse all taxation paid by the opposing party in a further private arrangement.

Many senior political persons, in both major political parties, are aware of this and simply turn a ‘blind eye’; because they are aware of the outrage that would be felt by the Australian people, should this matter be made public.

The late Sir Harry Gibbs, former Chief Justice of the Australian High Court, had written an ‘explanatory statement’ iv and a letter v supporting the conclusions reached that underpin the above statements, upon which our requests are founded.

In his statement he makes note of the fact that these conclusions are based on the historical facts.

They were solely relied upon.

There is no political rhetoric or legal opinion unless based on historical fact.

His statement goes further in confirming access to the historical documentation.

One of Sir Harry’s key findings is:

“I therefore have come to the conclusion that the current legal and political system in use in Australia and its States and Territories has no basis in law”

We do not seek to try these findings in a court of law. Rather, we would prefer to establish common ground where this matter could be concluded out of court.


Is the Australian Taxation Office illegal ?  It seems so…

After all, it is a private compamy registered in Washington (Click here)  and according to a World Bank Official, tax revenue is given to the Roman Catholic Vatican (Click here).  So how does the Government run the country ?  Simple - it borrows and pays interest on top. Borrows from whom ? I'm sure you can work that out ?  So why the continual push to raise the debt level when the Gov't already has the power to create our own money system interest free and debt free ?  (Click here)

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