Why many big companies DON"T pay corporate tax!!!
Showing posts with label local councils. Show all posts
Showing posts with label local councils. Show all posts
Friday, February 16, 2018
Sunday, November 1, 2015
Australian Citizen's Problems.
Late Hopeland farmer George Bender.
Australian Citizen’s
Problems as of 2/11/2015.
1)
Destruction of forest, pollution of drinking water, contamination of
farmland, destruction of farm land, farmer & landholder’s mental health problems
due to mining & fracking, the government prioritising mining over farmer’s
rights. This will ultimately effect crop production.
2)
Climate change/Global warming due to pollution from fossil fuels such as
coal & gas. This in turn is affecting the rise in sea levels, an increase
in solar radiation, & crop production which will ultimately lead to Australian
produced food shortages & increased food costs.
3)
Increasing cost of local council rates/tax which is in fact illegal
because the local councils are NOT a government. Non payment of these
rates/taxes leads to the confiscation of private property by these said
councils which is also illegal.
4)
Crime. This covers domestic violence (Please note that the government
has cut funding to community services that helped women in crisis), robbery,
rape, violence against a person or persons, murder, trespass, damage to
property, intimidation, home invasion, knowingly polluting & contaminating
the environment to the detriment of public health.
5)
The erosion of citizen’s common & human rights. This includes the
right to self-defence unconditionally, the right to protect one’s own property,
the right to protect one’s family & friends unconditionally, the right to
pursue happiness providing it does no harm to others, homelessness.
6)
Gun control & confiscation directed at law abiding licensed firearms
owners. This includes the banning of certain firearms, the confiscation of
certain firearms, the unfair legislation that makes it difficult to obtain
ammunition, the incorrect firearms licence categories for certain firearms, The
unfair legislation concerning muzzle-loading firearms use & categorising,
the unfair legislation concerning magazine capacities, the difficulties
experienced by citizens during normal firearms security checks due to local
police ignorance of firearms legislation & ignorance of firearms other than
service weapons.
7)
The increasing widespread use of police control over law abiding
citizens concerning various club memberships, personal tattoos, use of a
motorcycle, the bullying of individuals on the streets to provoke them into
committing violence so they can be tasered, pepper sprayed, shot or arrested.
There are no doubt many other problems that need addressing, such as TPP
agreement, immigration, & employment & other social & community services,
but the purpose here is to highlight the fact that many people believe that these
problems are actually being caused & manufactured by the Australian
government. Surely no lower income family or even middle class family can deny
any of the problems above. We do understand that number 6 is a problem for many
non gun owners & anti gun lobbyists who would sooner see their loved ones raped
& killed & indeed die themselves, rather than use a firearm for
protection. This is their right, though some may not agree with their decision.
These people on the whole are ignorant of certain facts, but they are NOT
stupid. They fully realise that the police can not in the majority of cases
protect them or save them. The police department’s response time to emergencies
is very slow & even slower in rural areas. This is not a police problem; it
is just a fact of life.
The government appears to be doing nothing to seriously address the
problems listed above, & yet the majority of Australians apparently have
their heads buried in the sand. Some may not want to “rock the boat”, they are
scared of what may happen to them if they complain let alone protest. Others
are we suspect are simply apathetic, “she’ll be right mate”. Overall though it
is worrying, because this means that the majority of Australian citizens do not
give a damn about anyone else but themselves! So long as this is the norm,
there will be NO recovering for Australia; there will be NO improvements to our
quality of life. On the contrary, things can only get worse & in the end,
recovery may no longer be possible.
So what should the Australian public do? Well the first thing that NEEDS
doing is a complete change in our political system. This means that our present
government should step down & a new political system should be implemented.
Perhaps one where citizens vote for people rather than parties. Australians
must understand that our present government & indeed the whole political
system, is no longer working for the people, it is working for itself only. Our
government is as far as I am aware a corporation, as are our local councils.
Finally ask yourself this, when was the last time we had a referendum on
an important national decision that effected all Australians? The last one I
remember was a referendum on local councils becoming local government &
being able to implement new taxes. The majority of Australians voted NO in that
referendum, & yet today we have local councils acting as local government
& they have indeed introduced a land tax disguised as rates for services
rendered!
This paper is open to discussion, but please keep it polite. We have not
written this to antagonise or offend people & to the best of our knowledge
all the above is true.
So, are we as Australian citizens in trouble, or are these problems a
figment of our imagination? Do we need to act, or do you think we should just
hang in there & see what happens & hope it all turns out okay?
If you think that we should act upon these major & increasing
problems, what do you think we can possibly do within the law to accomplish the
changes we need other than just informing people & complaining on various
forums?
We welcome suggestions for additions to the list of problems above.
Please share if you think this post is just & sensible &
deserves consideration.
Thank you.
Thank you.
It won't
happen if everyone speaks out.....
The Trans-Pacific Partnership (TPP)
could cost us our internet freedom, labor rights, access to affordable medicine,
the safety of our food, and protections that keep our water and air clean. Find
out more, speak up and spread the word: http:/…
ANONHQ.COM
Laptops,
phones and computers seized by Nauruan police in bid to find journalists’
sources
The RPC3
buildings at the Nauru detention centre. Nauru police searched a Save the
Children building at the site. Photograph: Anonymous
Thursday
22 October 2015 14.48 AEDTLast modified on Thursday 22
October 201515.48 AEDT
Save the Children staff
on Nauru have faced a second
series of raids in a further bid to find journalists’ sources at the
immigration detention centre on the island.
Court Allows Police Officer’s
Illegal Evidence to be Used
The NSW Criminal Court of Appeal (NSWCCA) recently ruled that the evidence obtained unlawfully by a police officer was
admissible in court, because the seriousness of the case and importance of the
evidence outweighed the degree of his illegal conduct.
The Unlawful Search
On the 5th of March 2012, Officer Hembrow
entered a property to carry out a routine firearms audit upon a man by the name
of Paul Thompson, not knowing that Mr Thompson no longer lived there.
While walking on the property, the officer
noticed a caged area which contained several cannabis plants. He left the
property, obtained a search warrant and returned to find that there were at
least 136 cannabis plants and 20 seedlings. A search of the neighbouring
property uncovered 5kg of cannabis and 283 plants.
Martin Taylor is a conservation
scientist with WWF-Australia who has published ground-breaking analyses of the
U.S. Endangered Species Act, threats to whale…
ALERT-CONSERVATION.ORG
Colin Barnett Is Trying To Criminalise A
'Thing'. Literally.
By New Matilda on March 17, 2015Australian Politics
West Australia’s Barnett
government is in the process of criminalising the possession of a “thing”. What
kind of “thing”? Well, it could be any “thing” really.
Under anti-protest
laws currently before the parliament the police need only suspect a “thing” may
be used “for the purpose of preventing a lawful activity”, and the onus is on
the ‘thing-haver’ to prove that’s not the case.
Australian Politicians’ Favour Indian Mining Company over
Australia and Australians
October 24, 2015 Michael Robertson Adani, Australia, Australian, Carmichael mine, Coal, Corruption, great barrier reef,Greg Hunt, india, Indian, Josh Frydenberg, Morality
Australian politicians led by Josh Frydenberg argue that the
Carmichael mine in Central Queensland should go ahead as Australian’s have a
moral obligation to allow the mine as it will save millions of Indian lives,
even though this is actually false. Additionally, the Environment Minister Greg
Hunt is placing the interests of a corrupt Indian mining company infront of the
Australian environment, and Australians who rely upon a healthy environment
in-order to make a livng. This is because if the Carmichael mine goes ahead it
is likely to cause a great deal of damage to both the Great Barrier Reef and
the Carmichael River. Many Australian politicians need to fix their moral
compasses and place the interests of the Australian environment and people
before those of a foreign company that is known to be corrupt environmental
vandals.
https://anongalactic.com/australian-politicians-use-morality-excuse-favour-indians-australia-australians/
Saturday, October 3, 2015
Please Sign This Petition.
Local
Government Illegal
People all over Australia are waking up
to the fact that the 1988 Referendum denied an attempt to legalise local
governments.
The High Court of Australia ruled that
“State Governments could not 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. Clearly, in 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.
Section 109 of the Australian
Constitution states:
“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.”
Because State Governments are subject to
the Commonwealth Parliament and also subject to the Commonwealth Constitution,
the states cannot lawfully impose a ‘Land Tax’, ‘only the Commonwealth
Government holds such taxation authority’.
Unless the State governments can present
the legal authority from the High Court of Australia; or from the Federal
Government giving authority to raise taxes, citizens are not legally obliged
to pay any ‘rates’ imposed by their local council/government. It doesn’t matter
what they call themselves, local governments have no legal authority to impose
any taxes, and house rates are clearly a tax on the value of the property.
The letter below shows what you can do
as a citizen. Address it to your State Minister for local government and stop
the illegal taxation being imposed under the name ‘Rates':
———————————————————-
*NOTICE TO MINISTER*
*THIS IS THE WILL OF THE PEOPLE*
Hon
[MINISTER’S NAME]
Minister for [MINISTER’S PORTFOLIO]
[MINISTER’S ADDRESS]
Minister for [MINISTER’S PORTFOLIO]
[MINISTER’S ADDRESS]
Ref: Local Governments
Validity.
Date: 2013
Dear Minister,
Statement #1:
The High Court of Australia ruled that
“State Governments could not raise ANY TAX”.
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.
Clearly in sections 51 and 52 of the
Constitution and from the Constitutional Commission (1985 – 1988) report thatthe
power of taxation is held exclusively by the Federal Parliament.
Since the State Parliament has no powers
under the Australian Constitution to impose taxes, which has been, determined
where The High Court of Australia ruled, “State Governments
could not raise ANY TAX” and therefore, “Land Tax” is unlawful. The
state government will have to lodge an appeal to the High Court of Australia to
overturn the previous decision before they can legally impose such tax upon the
people or have the Federal Government hold a referendum to alter the
constitution.
Section 109 of the Australian
Constitution states:
“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.”
Because the Parliament of [STATE] is
subject to the Commonwealth Parliament and also subject to the Commonwealth
Constitution, the states cannot lawfully impose a ‘Land Tax’, ‘only the
Commonwealth Government holds such taxation authority’.
Until the State of [NAME] can provide a
legal authority either from the High Court of Australia; or from the Federal
Government giving authority to raise taxes, to comply with your intentions
would be in breach of the law itself, that you are bound to uphold. When you
present such legal authority we will certainly provide the information you
request.
Statement #2:
COUNCILS ILLEGAL UNDER THE CONSTITUTION
LOCAL GOVERNMENTS ARE ILLEGAL
UNDER THE COMMONWEALTH CONSTITUTION DETERMINED BY TWO REFERENDUMS
18 May 1974 & 3
September 1988
The Australian Electoral
Commission on their CD “Australian Referendums 1906—1999” have advised the
following points:
1.
“Under the
Australian Commonwealth Constitution any powers not delegated to the
Commonwealth are the prerogative of the States UNLESS THEY ARE
SPECIFICALLY DENIED.”
2.
The
Referendum on 18th of May 1974
Q4. Local Government Bodies – The fourth
proposal sought to amend section 51 of the Constitution to give the Federal
Government power to give financial Assistance to lend and borrow money for any
local government body.
3.
The people
voted NO.
4.
Q4. The
referendum was NOT carried.
One State recorded a YES vote (NSW), however;
nationally only 46.85% of electors voted YES.
TODAY WE HAVE THE FEDERAL
GOVERNMENT FUNDING LOCAL GOVERNMENT DIRECTLY IN CONTRAVENTION OF THE
CONSTITUTIONAL WILL OF THE PEOPLE.
5.
The
Referendum on 3rd of September 1988
Q3: Constitution Alteration (Local Government) 1988.
Q3. To alter the Constitution to
recognise local government
6.
The people
voted NO.
7.
Q3. The
referendum was NOT carried.
No States recorded a YES vote. However;
nationally only 33.62% of electors voted YES.
8.
The legislative
proposal was, “119A. – Each State shall provide for the establishment and
continuance of a system of local government, with local government bodies
elected in
Accordance with the laws of the State
and empowered to administer, and to make bylaws, for their respective areas in
accordance with the laws of the State.”
9.
Unlike a
plebiscite, a referendum is binding on the government.
THE FEDERAL GOVERNMENT RECOGNITION
OF LOCAL GOVERNMENT IS IN DIRECT CONTRAVENTION OF THE CONSTITUTIONAL WILL OF
THE PEOPLE.
The Commonwealth Government is funding
Local Governments directly contrary to the Constitution.
All local government has been
constitutionally illegal since 3-9-88 when there was a referendum to
incorporate local Government into the Australian Constitution.
This means that all local government
authorities now operate without a lawful head of power. The legal bind is that
states cannot retain legislation that condones any form of local government.
Thus all levels of government are
operating illegally ignoring the instructions of the people. If the
government will not obey the Constitutional Will of The People and thus
democratic law, why should the people obey parliamentary law? The
precedence has been set.
FURTHERMORE Local Government Rates are
deemed a tax thus no GST is applicable.
Clearly in sections 51 and 52 of the
Constitution and from the Constitutional Commission (1985 – 1988) report thatthe
power of taxation is held exclusively by the Federal Parliament. No
states have authority under the constitution to impose a tax. Clearly in
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.” Thus Local Government Rates being a tax are
unlawful and in breach of the constitution.
LOCAL GOVERNMENT IS NOT RECOGNISED
WITHIN THE AUSTRALIAN CONSTITUTION AND WAS REJECTED AT REFERENDUM OF THE
AUSTRALIAN PEOPLE IN SEPTEMBER 1988 THEREFORE LOCAL COUNCIL HAS NO LAWFUL
BASE
Thus Councils Should Be Dismissed
And Local Government Department Administrators Appointed Permanently.
1.
In no section within the Australian 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.
2.
The High Court of Australia ruled that “State Governments could not raise ANY
TAX”, and because of this the ‘State Excise on Fuel, Tobacco & Alcohol’ was
removed.
3.
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.
4. Unless
we receive a “Rates Notice” from the ‘Commissioner for Taxation it is INVALID
and UNLAWFUL.
5.
Clearly in 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.
6.
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.
7.
“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”.
8.
The organizations known as ‘local government’ did not exist at the time of the
federation of the states into a commonwealth.
9. A
‘rateable person within the meaning of the local government act 1995’ did not
exist at the time of the federation of the states into a commonwealth. 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.
10. Since ‘local government’
did not exist at the time of Federation, then there can be no continuance of
‘local government’ law. Similarly, as ‘local government land rates tax’ did not
exist at the time of Federation there can be no continuance of ‘local
government land rates tax’ from that time to now.
11. Following a
recommendation of the Constitutional Commission of Inquiry (1985 – 1988)
a Referendum was held in September 1988. (“The Constitutional
Commission found that there was no basis in law, contained within the Constitution
for the provision of ‘Local Government”). They found that barely 50% of
the populationeven knew of the existence of the Constitution, let
alone its contents, and that only a few percent of those under 25 years of age
knew of its existence at all.)
12. Question 3 from the
referendum was: A Proposed Law; ‘To alter the Constitution
to recognise local government.’ Do you approve of this
alteration?
13. The specific (federal
Referendum) proposal was:-
(3) Constitution Alteration (Local
Government) 1988…. 119A, “Each state shall provide for the establishment and
continuance of a system of local government, with local government bodies
elected in accordance with the laws of the state, and empowered to administer,
and make by-laws for, their respective areas in accordance with the laws of the
state”.
14. It was recognized that
the Parliaments of the States did not have the power to establish a
third tier of government via ‘local government’ and an amendment to the
Constitution was necessary for them to obtain these powers.
15. If the Constitution had
to be altered to allow for the establishment of ‘local government’, before
there could be a continuance of ‘local government from the
time of federation, then it is clear that these powers did not exist at
the time of the Federation of the States into a Commonwealth.
16. Therefore, if the
Constitution had to be altered to allow for the “establishment and continuance”
of ‘local government’ these powers did not exist at the time of Federation or
sections 106 to 108 of the constitution would have applied and the constitution
would not have had to be altered.
17. For the Constitution to
be able to be changed, there must be a majority, (either for or against), in
each state and a favourable majority must be returned in a majority of States.
The Australian Electoral Commission
advice:
“Referendum results – 3 September 1988”
“(41) Local Government”, being totally
reject by 3 084 678 votes of the Australian people.
“Question 3”.
“A Proposed Law: To alter the Constitution
to recognise local government.”
“Do you approve this proposed
alteration?”
“The Constitution recognises government
at the Commonwealth and State levels but makes no mention of local
government. Constitution Alteration (Local Government) 1988 sought
to give such constitutional recognition to local government.”
18. “Obtained majority
in no State and an overall minority of 3 084 678 votes.”
19. Therefore the
continuance of Local Government in defiance of the referendum vote of the
people is unlawful? Thus the Minister would be acting in accordance with
the Australian people’s referendum results if he dismissed the Tweed Shire
Council. In fact it is encumbered upon him explicitly follow the
instruction of people’s referendum and dismiss all councils.
20. No other conclusion can
be derived from this result other than that Local government was not legally
recognized by the people of Australia, who are the Government of Australia
through their agents the Parliaments.
21. The Parliament of
the State did not have these powers before the Referendum, and they were most
certainly prohibited from having them after the Referendum.
22. This was confirmed by
the Parliament of NSW Legislative Council General Purpose Standing Committee
(No 5), Report 19, Local Government Amalgamations, December 2003 which states
on page 51, at 4.78: “Local Government is not recognized in the Australian
Constitution. In 1974 and 1988 constitutional recognition of local government
was considered in referenda to change the constitution but neither referendum
was successful.”
23. The members of the
various Parliaments of the States and the Commonwealth are the elected
representatives of the people of Australia. They are not there as
representatives of the Parliaments, but as elected servants of the people.
Twice, in 1974 and in 1988 the people of Australia (the Government) told their
elected representatives that they did not wish to constitutionally recognize
local government.
24. Since the people do not
wish to recognize ‘local government’, and since the Constitution does not
recognize or grant the power to establish a third level of government, then
under Section 109 of the Constitution it was illegal for the Parliament of
Western Australia to enact the Local Government Act of 1995.
25. The 1988 Referendum was
a public act under the Federal Constitution. Sections 106 and
108 subject the Constitutions of the States to the over-riding authority of the
Federal Constitution and Section 118 requires that full faith and credit be
given throughout the Commonwealth of Australia to the laws and public
acts and records of every State. If full faith and credit is
given, there appears to be NO LEGAL WAY any States can overturn the specific
outcome of a Federal Referendum
26. The Referendum
(Constitution Alteration) Act of 1906-1973 is a Commonwealth of Australia Act.
The Schedule of the Referendum Act provides the wording of the “Writ for
Referendum” and includes the words:
27. “We (the Electorate)
command that you (the parliament) cause a proposed law entitled… ……… to be
submitted, according to law, in each State to the electors qualified to vote
for the election of Members of the House of Representatives” (for each of the
six states). It is clear that a “Writ” directs that a Federal Referendum must
be by way of a vote state by state. This has the same effect as a state
referendum, but under the Federal Act, by doing so invokes Section 109 of the
Australian Constitution as an authority that over-rides any inconsistency in
the legislation of the States.
28. Since the parliament of
Western Australia has no powers under the Australian Constitution to create a
Third Tier of Government, and since they were twice told by the people they
serve that the people did not wish to recognize Local Government, then the
enactment of the Local Government Act of 1995 was illegal.
29. THE LOCAL GOVERNMENT ACT
OF 1995 HAS NO BASIS EITHER CONSTITUTIONALLY OR LEGALLY.
30. 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.
PLEASE PROVIDE PROOF OF CLAIM TO ME
WITHIN 21 DAYS.
If you can not provide proof of claim to
the following 2 statements, then I hold no other view as a Sovereign Subject
under Queen Elizabeth the Second and the Federal Constitution that these 2
statements hold true and correct and under the Law of the Land,
All Local Governments in Australia must from this time going forward cease and
desist Immediately until Federal Administer can be appointed.
Yours truly,
Name:
of the Family
Signature
date:
Address:
*THIS DOCUMENT IS A MATTER OF
PUBLIC RECORD*
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