Fines based on state health acts have been dismissed in courts
Letter to the Editor
It should also be noted that the reason peaceful protestors were not allowed to peacefully assemble and protest during the Covid lockdowns, and many were arrested and fined was on the basis of allegedly breaching CHO Directives based on powers granted by State-based laws such as the Victoria Public Health and Wellbeing Act 2008. When these fines were challenged correctly in Court, most fines were ultimately dismissed or withdrawn before being heard in Court.
In order for an individual to be required to comply with quarantine requirements in relation to a listed human disease (eg: wearing a mask), that individual must have been issued with a Biosecurity Control Order issued by a Court under the Federal Biosecurity Act 2015 (refer Section 60, 61) with full right of appeal, naming that Individual in the Order and stating that they have one or more signs or symptoms of a listed human disease; or have been exposed to a listed human disease; or another individual who has one or more signs or symptoms of a listed human disease. Without a Biosecurity Control Order naming you in the Order, you are not required to comply with any Public Health Order in relation to a listed human disease which is a Quarantine matter that falls under Federal law.
Also, following the 1946 National Referendum it was voted that no MEDICAL CONSCRIPTION could be imposed upon “we the people” and is tabled in Section 51, 23a. Section 109 ensures any State ratified laws, directions, orders and restrictions not in “harmony” and in contrast to the Constitutional Guarantees of the Commonwealth of Australia are immediately and 100% INVALID and cannot be relied upon by those individuals at a State level attempting to impose such restrictions and controls on the public. Thus the Commonwealth Constitution does provide protections for people their right to peaceful protest (including during a declared pandemic).
From David.
Victoria
Posted on February 23, 2023, in coronavirus, Covid Cops, Covid-19 and tagged covid fines. Bookmark the permalink. 12 Comments.
Cairns News 
We don’t need state constitutions that choose to conflict …we don’t need states and LGs …We need Federated Regions that are self-sustainable, vote once not three times. Regions with Capital cities are in their own regions with less dictatorial power over Rural regions.
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Apparently businesses are immune from this law.
For my son recently, it was get the jab or be sacked…
This was two weeks ago.
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Each of the Victorian Pandemic Orders contained a ‘Severability Clause’, essentially confessing that the order was BS:
[17 Severability
To the extent that any part of this Order is held to be in excess of power or otherwise invalid it is intended that it is to be taken to be valid to the extent to which it is not in excess of that power.]
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People are ignorant that they, by their acts ( using a Birth Certificate as a form of unqualified identification ) place themselves in the fictional jurisdiction of corporate soles, corporations and body politics, aka the legal jurisdiction.
They are pretending that they are something created by a private corporation ( which is what governments are – research the Clearfield Doctrine ).
The “government” has not put them in this jurisdiction, the people have volunteered, a bit like BSM if you think about it.
The people, through their ignorance and resistance to acquire knowledge are responsible for what they perceive as their plight.
The Courts are not corrupt, and “politicians” deliver what the people want ( in the context of BSM ).
The proper jurisdiction for the people ( which was the default jurisdiction at the time of federation ) still exists, but the people have been enticed to forgo it and choose the legal jurisdiction instead.
The power is with the people as individuals and no “government” can usurp that if the people so choose to stand in it.
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A commendable instructive by the author – which demonstrates that, IN PRINCIPLE, protections against state government overreach have been built into whatever passes for the Australian constitutional framework.
The fly in the ointment, however, is none of that provides any protection to law-abiding citizens from assault, battery, kidnapping, incarceration and murder by the brain-dead hired mercenary private Gestapo armies deployed by state governments against their citizens.
We now see, for example, WA legislation to authorise designated Nazi stooges to invade your home without a warrant or even any announcement of why they are there, forcibly strip you naked, ransack and steal whatever the Hell they like from your premises with no need to justify their actions or to even provide an accounting for what they take, take you into custody and deliver you to a “Quarantine Facility” where they may then proceed to forcibly administer whatever medical procedures that they choose without your consent.
Recourse to legal proceedings to dismiss unjust fines will seem a rather insufficient and decidedly belated remedy in the wider context of what’s coming down the pipes. Sort of like pissing in the wind while the house burns down – or maybe like sticking up a “No Foxes” sign on the chicken coop while the foxes eat all your chickens.
Just saying.
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For anyone interested in learning more about the Constitutional Guarantee, and Section 51.23a of the Commonwealth Constitution, I commend this interview with Darren Dixon from Constitution Watch – https://www.youtube.com/watch?v=kxu5nF3XtzM
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All absolutely true. I quoted these sections and more in a legal challenge to the NT Chief Medical Officer, HC Heggie in September 2021, knowing full well that they do not care what is legal or illegal. I merely wanted evidence for some time in the future that Heggie knowingly violated the Constitution and several Commonwealth Laws, plus the Nuremberg Code, yet facilitated the injury and murder of thousands. In each state, these crimes were enabled by the chief medical officers and all later prosecutions will flow from the eventual convictions of these bureaucrats. This is the real-world domino theory.
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State Health act Fines dismissed in courts. David. 23 Feb
Hallelujah! I agree absolutely.
However. Which court is going to uphold such Constitutional decrees? The judiciary appears to be bought and controlled by the same people who imposed such mandates as we have seen in the past few years.
There is only one hope – His name is Jesus.
God’s truth tells us that evil will increase at the end times.
Get right with God and rejoice that we are a hair’s breadth away from the rapture of true believers.
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The answer to Deborah, is yes, the problem however is that most people (as opposed to persons) do not know the law, ESPECIALLY THE POLICE (or they’re paid to ignore it). EVERY time an employer says “jab or no job”, that’s blackmail.
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In that case should this same law apply to teachers, nurses, paramedics, firefighters or any worker. Should not every individual be handed a biosecurity warning and if well then be allowed to work. I wonder if said workers have tried to apply this to their case
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Exactly correct, David. And fines are intended as compensation for injury t person or property, not as a quick earn for the cops or some privatised, incorporated government department.
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