03 Can a State or Council impose taxes on anyone?
I just went through the Australian Constitution looking for the part that says that only governments can impose taxes. I can’t find this anywhere. Do you have any reference ?
Can anyone point me to any reference (Constitution?) stating only ‘government’ can impose taxes.
Commonwealth of Australia Constitution Act 1901
Part V – Powers of the Parliament
51 Legislative powers of the Parliament
(ii) taxation; but so as not to discriminate between States or parts of States;
53 Powers of the Houses in respect of legislation
Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licenses, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government. The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message,the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications. Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
55 Tax Bill
Laws imposing taxation shall deal only with the imposition of taxation,and any provision therein dealing with any other matter shall be of no effect.
Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.
114 States may not raise forces. Taxation of property of Commonwealth or State
A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.
Remember – Local Councils are NOT a part of Government, thus cannot raise any taxes.
Today however we have – The Australian Government and it’s Parliament of Australia C.O.A.G = Council of Australian Governments. and this is what the Councils use against us now –
The Constitutional and Official Definitions changed by E.G.Whitlam in 1973
(a) ”The Commonwealth ” shall mean the Commonwealth of Australia:
(b) ”Australia” includes the whole of the Commonwealth:
(d) “The Constitution Act” shall mean The Commonwealth of Australia Constitution Act:
(m) “The Gazette” shall mean the Commonwealth of Australia Gazette:
Those Four definitions were changed to make E.G.Whitlam’s private Australia outside the Commonwealth of Australia Constitution Act 1901 without a Referendum of the people eligible to vote.
While we allow this Totally Corrupt FRAUD system to govern us outside of any lawful Constitution these Governments with their Courts; their Councils and their Security enforcers (Police Service, State and Federal) simply make Laws to suit themselves with NO accountability of the people. They ignore the
JUDICIARY. No. 6 of 1903 [Assented to 25th August,1903 which states
Section 80 Common Law to Govern
Law and Justice Legislation Amendment Act 1988 (Cth) Act No. 120 of 1988
which amended Section 80, replacing “common law of England” with “common law in Australia”.
With Whitlams “Australia” being now registered in America, therefore a Statutory Company creature and the principles governing it are derived only from their own statutes. Therefore Common Law in Australia is only a myth in their operations.
This Australian Government and it’s Parliament of Australia are NOT the Government of the Commonwealth of Australia or the Parliament of the Commonwealth of Australia
The Private People (you and I) live under the
Commonwealth of Australia Constitution Act 1901 and are all bound to
Clause 5 (Operation of the Constitution and laws)
“This Act, and all laws made by the Parliament of the Commonwealth
under the Constitution, shall be binding on the courts, judges, and people
of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State … (This is our true Law as well as the Ten Commandments)
In addition, we have the following –
Constitution Act 1867
No money vote or Bill lawful unless recommended by Governor
18. It shall not be lawful for the Legislative Assembly to originate or pass
any vote resolution or Bill for the appropriation of any part of the said
consolidated fund or of any other tax or impost to any purpose which shall
not first have been recommended by a message of the Governor to the said
Legislative Assembly during the session in which such vote resolution or
Bill shall be passed.
CROWN RIGHTS AND REVENUES
All duties and revenues to form consolidated fund
34. All taxes imposts rates and duties and all territorial casual and other
revenues of the Crown (including royalties) from whatever source arising
within this State and over which the present or future legislature has or may
have power of appropriation shall form one consolidated fund to be
appropriated for the public service of this State in the manner and subject to
the charges hereinafter mentioned.
This is only possible by a Governor representing the Crown…
by Dick Yardley