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]
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*
