Local Government and ATO statutes apply only to employees of these entities

Letter to the Editor

As I see it –

Karl Marx Communist Manifesto

1. Abolition of property in land and application of all rents (land taxes, council rates)
of land to public purposes.
.
The “rent” on your property in Australia is in the form of an illegal tax which if not paid over a period of 3 years the “Local Government’ is obliged to hold an auction sale for the recovery of the money owed. So who owns the house and land?
“The Australian Taxation Office (ATO) is an Australian government statutory agency…..”

https://en.wikipedia.org/wiki/Australian_Taxation_Office

Where are the statutes to be found?
.
http://www.knowyourrightsgroup.com.au/files/TaxpayersCharter.pdf
.
Similarly where are the Commonwealth of Australia governments statutes authorising a 3rd tier of government?

Former Liberal Attorney General George Brandis QC, refused to respond to a challenge against the legality of the ATO.

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 state Parliaments of Australia 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’.

“The very same applies to local governments continuance and application of rates and taxes issued on their behalf”

(State governments cannot be awarded powers from the commonwealth that are not theirs to hand over)

Until the states of Australia 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.

All local government has been constitutionally illegal since 3-9-88 when there was a referendum to incorporate local Government into the Australian Constitution, and prior to the referendum, there has never been any implied legality.

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 precedent 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 that the 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.

4. Unless we receive a “Rates Notice” from the ‘Commissioner for Taxation council rates are INVALID and UNLAWFUL.

BUT – The ATO is an agency of the Commonwealth.

STATEMENT by former Attorney General to prevent validity of ATO from scutiny

Attorney-General – George Brandis QC

Database

Senate Hansard, Monday, 28 November 2016
Page: 3323

“………..Nevertheless, because a constitutional issue had been raised, a notice under section 78B of the Judiciary Act went to the Commonwealth, as well as to the states and territories, asking if the Commonwealth wished to intervene in the proceedings. It is important to point out that although the ATO is an agency of the Commonwealth it is a different legal personality. It nevertheless represents the interests of the Commonwealth in protecting the revenue. It is not automatic that the Commonwealth intervenes in proceedings every time it receives a section 78B notice. Every section 78B notice is assessed according to its own particular facts………………”

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1011/11RP10

http://www.markmaldridge.com

https://markaldridge.wordpress.com/2012/11/04/the-australian-constitutions-validity-local-government-and-law/

….Relatively low key but highly symbolic Commonwealth support of local government continued during the Howard Liberal–National Government (1996–2007). A significant local government initiative of the Howard years was the Roads to Recovery program, which provided funds direct to local governments to upgrade, construct and maintain local roads. Begun in 2000, some $1.2 billion dollars was spent on Roads to Recovery grants by May 2005, and a further $1.23 billion was subsequently committed for the 2005–06 to 2008–09 fiscal period.[45] This program benefited many rural and regional councils, a reflection, perhaps, of an old national ideal identified by political scientist Judith Brett:

Built into the notion of what it was to be an Australian was an idea of shared access to basic services, a shared minimum standard of living, no matter where you lived.[46]

The rhetoric behind the Roads to Recovery scheme included a slightly ‘Whitlamesque’ concern for fostering local ‘agency’ and expeditious outcomes without state involvement: ……

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1011/11RP10

Public Service Act 2008 Section 24 Chapter 1 Introduction Part 2 The Queensland Public Service

What is a government entity

1. (a)  a department or part of a department; or
2. (b)  a public service office or part of a public service office; or
3. (c)  an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or
4. (d)  a part of an entity mentioned in paragraph (c); or
5. (e)  another entity, or part of another entity, declared under a regulation to be a government entity; or
6. (f)  a registry or other administrative office of a court of the State of any jurisdiction.

(2) However, each of the following entities is not a government entity— (a) a local government; etc

Therefore corporate Local government is like the corporate ATO which has no Commonwealth Constitutional authority and is therefore an agency of the Commonwealth and States. Local Government and ATO Acts are only corporate statutes, and only apply to the employees of that private company (Corporations Act 1990 Sec 8).

from Kev Crisscross,

Brisbane

About Editor, cairnsnews

One of the few patriots left who understands the system and how it has been totally subverted under every citizen's nose. If we can help to turn it around we will, otherwise our children will have nothing. Our investigations show there is no 'government' of the people for the people of Australia. The removal of the Crown from Australian Parliaments, followed by the incorporation of Parliaments aided by the Australia Act 1987 has left us with corporate government with policies not laws, that apply only to members of political parties and the public service. There is no law, other than the Common Law. This fact will be borne out in the near future as numerous legal challenges in place now, come to a head soon.

Posted on June 29, 2020, in ATO, australian Labor Party, LNP, local government and tagged , , . Bookmark the permalink. 6 Comments.

  1. horsecowsheeps

    Good stuff,…Thankyou,…a great shot of the evil within Brandis!

    Sent from my iPhone

    >

  2. I have actually used the Queensland Public Service Act 2008 on at least two occasions to ward off the AEC (Australian Electoral Commission). On both occasions, having been informed that I AM INFORMED, they went away (non voting at council elections).
    SO THEY KNOW,and simply want you not to know.
    However, I have to admit to not having the resources to fight an issue in “their unidroit tribunals” (read courts) to ward off a challenge to my constitutional right to not pay a bill levied by an unlawful corporation. they have exactly the same capability to charge you rates as Hungry Jacks or Coles Supermarkets

  3. The land is actually owned by The Queen, so she is actually liable for the rates.A landholder is granted a Deed Of Grant in Fee Simple-or was and should be-by the Queen/Crown (proper Royal Crown) and is actually a tenant whose Grant gives them the right to do anything with their property, even lay it to waste, withno encumbrance from anyone-Council, government, etc.The problem with councils is that they are not Constitutionally recognised, and soare not lawful government, just private commercial trading entities.The aforementioned problem is really that if one identifies as a ratepayer one is thus bound by the terms and conditions and rules of the corporation. That’sit.One can revoke that status, and ask then for evidence of a contract, or the whereabouts of any claimed wet ink contract. None will exist. One might also ask the question I intend to ask of the CEO of the City of Greater Geelong, the question being based on what is in the attached ratepayers document.My colleague (the one who found Geelong council’s insurer,who told him about the Claim process you mentioned in the article about Ian Cook and the taxi licence thing)alerted me to the ratepayer identifying scam-my document predates by a long time,the information he gave me) has a claim in at council in Geelong for millions, based onthe sort of misrepresentation the councils do with the ratepayer scam. There will be no statutes authorising a 3rd tier of government, as that is a Section 128matter, and if there were,they would only be applicable to statutory PERSONS, which are the artificial LEGAL entities we all should know so much about. The man’s statement that:”Until the states of Australia can provide a legal authority either from the High Court of Australia…” seems irrelevant, because we require lawful, not LEGAL authority, as Lawful authority is acquired via the consent of the people in a land-based Common Law Court.LEGAL decisions come from the BAR Association-owned, courts, which is a privately-ownedjurisdiction.The Bar Association is owned by the Rothschilds, FYI. More on Common Law/Land-based jurisdiction in the  other attachment, which was in rely to Gerrit’s posts under the Comrade Dan/Ian Cook/Taxi license post in the Cairns News article.It looks like WordPress disallowed the posting, coz it is didn’t get  there!!! Best regs Gary Oraniuk

  4. G. J. TUDEHOPE

    The Tax Australian Office owns the land.

    In Queensland the State Corporation has ownership of the land because they use their citizens’ rights to the land as collateral for their international debts, why do you believe they are registered to the Securities and Exchange Commission to issue and trade securities, its obvious you know very little about securitisation of our rights and what happened to our rights when we were registered to the birth State.

    https://www.sec.gov/cgi-bin/browse-edgar?company=QUEENSLAND+TREASURY+CORP&owner=exclude&action=getcompany

    ________________________________

  5. Is it mail fraud to trap people into proclaiming an offer?

    Is this what happens when you think mail has been addressed to you, when in fact it is being sent to some legal fiction and you open it? Could the answer be yes and no…

    Do we mistakenly think they are referring to the man or woman that has gone to the letter box? Could the answer be yes…

    Is there a law that compels us to check our mail box? No… Only our curiosity and sense of importance drives us. Does that curiosity bind us in an act of voluntary servitude to their offers? Could the answer be yes…

    If we do that then it is Game, set, match…

    Would careful scrutiny have revealed that any legislation and/or regulation only applies to a “Person”, not a man or woman? Could the answer be yes…

    Is it copyright property “State of Queensland”? Most certainly, last page of any so called law confirms this.

    Are you a paid member of that Corporation? If not then their rules don’t apply to you.

    Wake up, there are no living people in their legislation.

    We are the problem because we harm ourselves by choosing to become the surety to their desire to enrich themselves.

    The question is, are you that legal fiction or are you a man or woman?

    Are there remedies available if you can detect fraud?

    Could Article 3.2.5, and Notice of avoidance [UNIDROIT Treaty of Rome signed by Whitlam] be that remedy?

    Is the reason they get away with it because we do not reject it and/or are to lazy to look?

    There are to many asheep at the wheel…

    The burning question is, do you want to pay rates? If you do, then suck it up…

    Would this problem exist if people didn’t keep voting these pricks in?

    Consider that the vote creates the contract that legitimizes their violation of the 1988 Referendum. So, no use complaining if you voted for them. This goes for all voting…

    They are not doing any harm. Harm only applies to the living. They deal in fiction and we, if we consent to be that fiction, are harming ourselves. Cunning is it not…

  6. “n in the” Hi Gary your computer throws up these mysterious ‘A’ in paragraphs which makes for difficult reading. The Taxi Cook article is posted.Editor

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