2017 Dec 12 – ARE LOCAL COUNCILS, acting as LOCAL GOVERNMENT LEGAL ?
Keep this for when you get your next rates “notice?
Pastors give this to everyone in your congregation Eph 5.11
ARE LOCAL COUNCILS, acting as LOCAL GOVERNMENT LEGAL ?
Published on December 15, 2015 Most relevant today – rates are theft
Commonwealth Public Official: Safety Professional
If local Councils are legal ???? why are they trying so hard to get them recognized under the constitution ??
BECAUSE THEY ARE ILLEGAL, fraudulent, unconstitutional, Unlawful, and HAVE NO BASIS EITHER CONSTITUTIONALLY OR LEGALLY.
In the 70s and in 1988 the People of Australia said NO to Local Government, This is why they want a referendum to become a Republic
Which is TREASON against the Will of the Sovereign People of Australia
Are Councils Legal Introduction The power to tax is the power to destroy. The one who has the power to tax will eventually own all property— and this method is being used now. The criminally brilliant strategy of gradual but never ending increases in property tax (“rates”), „justified‟ by regular „re-valuations‟, will eventually „price‟ everyone out of their properties!! A LARGE NUMBER OF US are now aware of this and we are going to put a stop to it! It is estimated that already approx 500,000 in Victoria alone have refused to pay this illegal tax. While “governments” may have gained their “legitimacy” with the excuse of various “constitutions” and /or by majority „vote‟ of the populace, (so – called “democracy”) local governments (councils) have: —
NO HEAD OF POWER
The following are based not on assumptions but “officially” admitted FACTS.
The Constitution is Australia‟s basic law. Quote: The Federal Attorney General‟s Department Constitutional Policy Unit, 9th January 2002;“ the current Chief Justice of the High Court, the Hon. Murray Gleeson, AC, noted the status of the Constitution as Australia‟s basic law (published as) The Rule of Law and the Constitution. ABC books, 2000, on page 6 “In Australia, unlike the United Kingdom, we have a basic law, the Constitution, which defines and limits the power of the Parliament to alter the Law “ And on Friday 21st June,2002 in the NSW Parliament Thearterette ,during the „Australian Conference on Bill of Rights‟, the acting Attorney-General, (the First Law Officer in Australia), Darryl Williams, AM,QC,MP has said this, about :“Constitutional and Common Law Protections”:
“ The Australian Constitution specifically protects certain rights and freedoms.
(1) – trial by jury –
(2)- freedom of religious associations
(3) – prohibition on discrimination on the basis of State residence-
(4) – freedom of interstate commerce; and just terms for acquisition of property.
“WE HAVE THE COMMON LAW”.
We have our own unique written Constitution which provides both express and implied protection of rights.
The Australian Constitution DOES NOT recognise „local government‟
Attempts by the “government” to alter the constitution to recognize „local government‟ have failed TWICE. The last Referendum was held on the 3rd of September 1988. 67% of the population REJECTED the proposal for recognition of a third tier of “government”, namely, local “councils”.
The result of any Referendum is LAW. Despite that clear unmistakable affirmation of the Constitution by the people of Australia IN ALL STATES, the “government” (Hawke) introduced the „Local Government Act 1989” (1993 in some states)
All the bureaucrats, in every “council”, are relying on this ULTRA VIRES, NULL and VOID Act to justify their UNLAWFUL actions.
Even if local “councils” were legal, (which they are clearly not!), they have no „right‟ to levy any kind of TAX on anyone! Quote from a letter by Gary Friend (Queensland) to a local newspaper March 5th, 2001: “ John W. Howard, Peter H. Costello & Commissioner of Taxation Micheal J. Carmody all stated before the introduction of the infamous “Goods and Services Tax”, quote: local government COUNCIL RATES will attract NO GST because council rates are a TAX and we CAN‟T TAX A TAX. Also the High Court of Australia decided that „STATE GOVERNMENTS COULDN’T RAISE ANY TAX‟, when the “State Excise on Fuel, Tobacco & Alcohol‟ was removed.
A large percentage of properties are held in “FEE SIMPLE”. By LAW these properties CANNOT be “levied” or “charged” under ANY description! ( That was the very purpose of the creation of the FEE SIMPLE tenure! See High Court rulings on the subject)
Fact 8 An order/fine/ notice by police officer or a single magistrate is NOT a Judiciary Order – it is illegal because it is a violation of Common Law and comes under Slavery in the Criminal Code Act 1995 Sect 268.10
Any Council laws that conflict with Common Law are illegal.
Some reference is to illegal Tasmanian local government, however the following shows all local governments are illegal.
“At Law, words are supposed to mean what they say.”
(Geoffrey Robertson, ‘The Justice Game”.)
While it can be argued that this document can no longer validly relate to Australia, as it is an Act of the Parliament of the United Kingdom,
This document was created to amalgamate the Australian colonies into a Commonwealth, and to set the rules by which the Commonwealth would be governed by the people as a self-governing colony. It was styled under the format of the Westminster Parliamentary system and clearly established the Parliament of the Commonwealth, and the Parliament of the States. It also clearly established the powers and responsibilities of both those parliaments. It allowed the provision for certain alterations of those powers, while specifically restricting alteration of certain others. Such alteration of the way in which the Commonwealth of Australia would be governed by the people was strictly limited to alteration by way of referendum of the population.
THERE IS NO OTHER MEANS BY WHICH OUR SYSTEM OF SELF-GOVERNMENT CAN BE LEGALLY ALTERED.
The Constitution was formatted to protect the Australian people from a number of things, and also to give the people of Australia the ability of Self-Determination of Government.
NOWHERE DOES IT PERMIT THE PARLIAMENTS, OR THE JUDICIARY, TO OPERATE OUTSIDE THESE GUIDELINES.
The Concise Oxford Dictionary of English (1998) defines a constitution as:
“A precise body of fundamental principles, agreed to by the members of an organization or state, according to which a state or other organization is acknowledged to be governed.” Clause 9, Chapter I, Part I, Section 1, [63 & 64 Vict.] British Colony of the Commonwealth of Australia [CH 12] Constitution Act states:
“The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is herein-after called “The Parliament or, The Parliament of the Commonwealth.” Clause 9, Chapter V, Part I, Section 106, 107, & 108, [63 & 64 Vict.] British Colony of the Commonwealth of Australia [CH 12] Constitution Act state [Annexure A]:
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.
Every power of the Parliament of a Colony which has become or becomes a State shall, unless it is exclusively vested in the parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall be, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.
109 Inconsistency of laws When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
Referendums 1974 and 1988 overwhelmingly rejected Local Councils becoming Gov’t Today they exist as nothing more than Private ABN companies, pretending to be Govt hiding behind the invalid Local Government Acts. A council is just a piece of paper – The employees are the ones issuing extortion demands to satisfy their wallets – THE SOONER MORE PEOPLE START WAKING UP AND CHALLENGING THEIR EXTORTION ACTIONS AND ALLEGED “AUTHORITY” THE SOONER WE ALL WILL BE RID OF THE PARASITES.
THE ORGANISATIONS KNOWN AS ‘LOCAL GOVERNMENT’ DID NOT EXIST AT THE TIME OF THE FEDERATION OF THE STATES INTO A COMMONWEALTH.
A RATEABLE PERSON WITHIN THE MEANING OF THE LOCAL GOVERNMENT ACT 1993 DID NOT EXIST AT THE TIME OF THE FEDERATION OF THE STATES INTO A COMMONWEALTH.
Historically, on a ‘local’ level, there were at first military officers, then “landed gentry” in charge of local road and drainage construction gangs. ‘Local Government’ did not exist, and the free populations of the Colonies, (under British Colonial Rule) were at liberty to do with their properties much as they wished.
It can be seen then, that since ‘local government’ did not exist at the time of Federation, then there can be no continuance of local government law.
You will note that Sections 106 and 108 “subject” the Constitutions and Laws of the States to the Constitution of the Commonwealth, while Section 107 allows the powers of the Parliaments of the States to continue unless they are exclusively vested in the Parliament of the Commonwealth. Paragraphs 4 and 5 on page ii of the Constitutional Commission (1985 – 1988) state: [Annexure B]:
Federal Powers. The Constitution divides power between Federal and State Parliaments. It lists the subjects about which the Federal Parliament can make laws
e.g. taxation; currency; defence; external affairs; interstate and international trade; foreign, trading and financial corporations; marriage and divorce; quarantine; pensions and other social services; immigration; bankruptcy; and industrial arbitration (see especially sections 51 and 52).
State Powers. There are important omissions from the list of powers given to the Federal Parliament e.g. land, police, criminal law, education, health, roads, industrial safety, prices and incomes, and the environment. The Constitution expressly guarantees the continuing existence of the States (sections 106 and 107).
There are a few subjects about which the States are prevented from making laws (sections 52 and 90), e.g. to impose customs and excise duties. The States are also forbidden from having their own defence forces without the consent of the Federal Parliament (section 114).”
You can see from sections 51 and 52 of the Constitution, and from the Constitutional Commission (1985 – 1988) report that the power of taxation is held exclusively by the Federal Parliament.
The Courts of Australia have long held that council rates are a tax. Yet, under the Australian Constitution, the Parliaments of the States do not have the power of taxation. “John Winston Howard, Peter Howard Costello & ‘Commissioner for Taxation’ Michael Joseph Carmody all stated before the introduction of the infamous “Goods and Services Tax”, Quote: “Local government Council Rates will attract no GST because Council Rates ‘ARE A TAX AND WE CAN’T TAX A TAX’.
Also, the High Court of Australia ruled that “State Governments couldn’t raise ANY TAX”, and because of this the ‘State Excise on Fuel, Tobacco & Alcohol’ was removed.
It can be clearly seen that the authors of the Constitution were not allowing for any Parliament other than the Federal Parliament to impose a tax. Therefore, the only land rates tax that can be imposed within Australia, is one imposed by the Federal Parliament through the Commissioner for Taxation. Unless we receive a “Rates Notice” from the ‘Commissioner for Taxation it is INVALID and UNLAWFUL.
In view of the above, this proposed action can only be withdrawn.
PART TWO – ‘LOCAL GOVERNMENT AND THE LOCAL GOVERNMENT ACT 1993’
As discussed in Part 1, the [63 & 64 Vict.] British Colony of the Commonwealth of Australia, [63 & 64 Vict.] [CH 12] Constitution Act gives specific powers to the Federal and State Parliaments.
IN NO SECTION WITHIN THE Commonwealth Australia CONSTITUTION IS THERE PROVISION FOR THE FEDERAL OR STATE PARLIAMENT TO ESTABLISH A THIRD LEVEL OF GOVERNMENT WITHOUT THE PERMISSION OF THE PEOPLE VIA A FEDERAL REFERENDUM.
Organizations known as ‘local government’ did not exist at the time of Federation. Laws that existed prior to this were laws for the Colony of NSW, or laws for the Colony of Victoria etc. Administration of local matters was confined to the control by military personnel or ‘landed gentry’ over local construction gangs.
The Local Government Minister purports to enact legislation, for local authorities to enforce, every time he approves a local law or policy.
Only an Act of Parliament can pass a law into existence. THE MINISTER FOR LOCAL GOVERNMENT IS NOT A PARLIAMENT, and therefore cannot speak an Act or law into existence.
We have the situation in TASMANIA where the various ‘local governments’ apply to the Minister for Local Government for a rate (tax) increase, and the Minister either approves or disallows it. In LEASK -v- COMMONWEALTH Justice Kirby clearly pointed out that a Ministerial Statement cannot speak the act into constitutional validity where such validity is missing.
Because the Parliament of TASMANIA is subject to the Commonwealth Parliament, and also subject to the Commonwealth Constitution,
AND OWES IT’S ALLEGIANCE TO THE SOVEREIGN PEOPLE OF THE Commonwealth Of Australia, (who twice told them they did not want to recognize local government), THE PARLIAMENT OF TASMANIA COMMITTED AN ACT OF TREASON AGAINST THE SOVEREIGN PEOPLE OF THE Commonwealth Of Australia.
They did this by overthrowing the relevant sections of the Constitution of the Commonwealth of Australia, by which they are bound, and by overthrowing the twice demonstrated will of the Sovereign People of Australia.
The Concise Oxford Dictionary of English (1998) defines treason as:
“The crime of betraying one’s country, especially by attempting to kill or overthrow the sovereign or government.”
PART FOUR – FEE SIMPLE
Webster’s Legal Dictionary, 1889, defines Fee Simple Title as:
“Fee Simple is a Contractual Agreement between the present owner and the previous owner, involving neither a third nor other parties. Fee Simple permits an owner to do with his property as he might wish. It is the highest form of land ownership available.
Third party interference is prohibited to a property held in Fee Simple Title.”
The Property Law Act Section 18A is the legislation required to legalise the granting of Fee Simple Tenure. The property referred to in Council’s unlawful demand for a permit tax is owned in Fee Simple title, and was purchased under a Fee Simple contract.
The Fee Simple (freehold) Title is a contract with a Government seal, subject only to the conditions therein. Meaning that any other charges arising from other acts including Water Act, Local Government Act 1993, etc, that are area or title based, if challenged could not be enforced as compulsory charges.
These charges, while not necessarily illegal, if challenged would have to be ruled as voluntary, therefore unenforceable. Only becoming enforceable, if or when an agreement is reached, and the services associated with the charges are accepted by the titleholder.