LAST time we checked, Queensland was a state within the Australian federation and subject to the Commonwealth Constitution. So why does Queensland impose a tax that is illegal under the same Constitution?
The tax we are talking about is land tax, and with rising property values, more than 194,500 properties were subject to land tax in Queensland in the last financial year, a rise of 14 per cent from the year before.
The Real Estate Institute of Queensland wants the land tax threshold lifted, but the Crisafuli-led state government says it has no plans to make any such changes.
Cairns News asked a person who has advised on Constitutional law cases to comment on the state-imposed property tax. “The Imposition by the (recently defeated) Australian Labor Party Government …. of land taxes on private property is absolutely illegal on two grounds,” he wrote in an email to Cairns News.
“The first is by reference to Section 90 of the Constitution, as excise is a definition of an internal tax. It is defined thus: An excise tax is an internal tax levied on goods or property. It is an exclusive power of the Parliament of the Commonwealth and the Parliament of Queensland cannot levy such a tax.
“The second grounds for making a State Land Tax illegal is the fact that in the Land Title Act 1994 (Q) the Section 188 B and 188C refer to the word court (lower case) not Court (upper case) in three places and the Supreme Court Act 1995 defines court as a place where the Judicature of Ch III Constitution judicial power of the Commonwealth is exercised.
“It cannot and must not be a Star Chamber Court comprised of a single Judge or Magistrate and applies to land held in fee simple, disposed of by the State by bargain and sale. When that happens, the root or radical title to all freehold land has reverted to the Commonwealth Crown, and all Freehold land is granted by the one True Sovereign, King Charles III, (as referenced in) S16 Acts Interpretation Act 1901 (C’wealth).
“Hence it cannot be dealt with by a Judge in Court but only judges in court to comply with S 79 Constitution. In other words by a jury trial. It is a species of fraud, to sell land and then afterwards tax it, when it is in fact reverted to Property of the Commonwealth.
“Queensland has as of-right jury trial in all property matters. S 15A Acts Interpretation Act 1901 make this levy void ab initio. The legal fiction of State Sovereign power must be rebutted and denied them.”
Constitution Sect 90 is headed: “Exclusive power over customs, excise, and bounties. On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive.”
Sect 114 is headed: “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.”
A statement from the State Treasurer David Janetzki said the LNP government had “no plans” to change land tax settings. But the threshhold valuation of $600,000 hasn’t been changed since 2007. Since then, property prices have soared to the point now where million-dollar homes are common.
Janetzki said a key exemption from land tax was if a property was someone’s principal place of residence and he claimed the threshold of $600,000 meant those with small investment property holdings “generally only pay a minimal land tax liability”.
Janetzki noted that from January 1st this year, Victoria reduced its land tax threshold to just $50,000, meaning Queensland’s individual threshold was 12 times higher than Victoria’s. Queensland was also abolishing stamp duty for first home buyers.
Queensland Treasury told the ABC that land tax in Queensland is subject to a system of three-year averaging of the land value, “which helps smooth the impacts of increasing land values on the tax payable by landholders”.
However, we predict that Premier Crisafuli, Janetzki and others in the LNP government will show themselves to be another status quo/”Team B” operation and do little to cut the overblown size of government in Queensland, including local government.
“However after the 1959 Reserve Bank Act, the Reserve Bank was established as a stand alone independent foreign ADI, which took over the printing of money and lent the money it printed to the Commonwealth at interest.”
How lovely, so like the Americans, instead of on Jekyll Island in 1912 we had our very own give away sale and transfer on Rottennest Island in 1959 ? 🙂
We were THAT desperate to sell out? And we’re still THAT desperate to stay sold?
Our governments only option is to raise taxes and immigrant numbers in an effort to keep up with the foreign owned RBA interest bill.
PROTOCOLS OF THE MEETINGS
OF THE LEARNED ELDERS OF ZION
PROTOCOL No. 20
TYRANNY OF USURY
30. What also indeed is, in substance, a loan, especially a foreign loan? A loan is – an issue of government bills of exchange containing a percentage obligation commensurate to the sum of the loan capital. If the loan bears a charge of 5 per cent, then in twenty years the State vainly pays away in interest a sum equal to the loan borrowed, in forty years it is paying a double sum, in sixty – treble, and all the while the debt remains an unpaid debt.
31. From this calculation it is obvious that with any form of taxation per head the State is baling out the last coppers of the poor taxpayers in order to settle accounts with wealth foreigners, from whom it has borrowed money instead of collecting these coppers for its own needs without the additional interest.
32. So long as loans were internal the GOYIM only shuffled their money from the pockets of the poor to those of the rich, but when we bought up the necessary person in order to transfer loans into the external sphere, all the wealth of States flowed into our cash- boxes and all the GOYIM began to pay us the tribute of subjects.
[Section 44 of the Commonwealth of Australia Constitution comes to mind]
The Reserve Bank is a foreign ADI. A “foreign ADI” means a body corporate that: (a) is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; and (b) is authorised to carry on banking business in a foreign country; and (c) has been granted an authority under section 9 to carry on banking business in Australia. Prior to 1959 the Commonwealth issued and printed its own money and had control of the printing of money.
However after the 1959 Reserve Bank Act, the Reserve Bank was established as a stand alone independent foreign ADI, which took over the printing of money and lent the money it printed to the Commonwealth at interest.
Commenter Sudy
Translation: Live in a tree and buy gold
Commenter dd2
It goes on the credit card for your kids to pay
“…a person who has advised on Constitutional law cases…” Well, that sure gives that whole statement credibility. It isn’t much different than “my girlfriend’s sister’s next-door neighbor’s uncle said…” Why would they be hesitant in attaching their name to their words? If they are a qualified lawyer, they will have no qualms on their official legal position being identified. The references to the word “court” beginning with a lower- or upper-case letter, and assertions that a court comprised of a single judge or magistrate is a “star chamber” demonstrates the person is instead, rather influenced by legal conspiracy theory.
Judging by the references regarding section 90 of the Constitution, (which themselves allude to the decision in Vanderstock v Victoria [2023] HCA 30), I would reasonably assume that the “person” is Darren Dickson, who certainly is not a lawyer, but a pseudolaw adherent, and has recently spoken about the case excitedly.
Their assertions regarding section 90, (which applies to any excise on goods, not on land), appears to be based on a misreading of Vanderstock. A review of the decision shows the justices did briefly discuss “Industrial Land Tax”, but as the reasoning makes clear, that has nothing to do with Land Tax in general, but specifically Industrial Land Tax, in its application to a producer or manufacturer of goods. Even so, the decision itself does not make any firm conclusions regarding Industrial Land Tax, but leaves that open for future challenges. And it seems unlikely that state land taxes in general breach section 90, given that section 114 expressly contemplates that states can impose taxes on property (which must be property other than goods, a category that clearly includes land).
In an attempt to get around section 114, the “person” makes assertions that private freehold land is by sale “reverted to Property of the Commonwealth”, which is pure fantasy. It remains part of the State of Queensland and subject to restrictions by the Queensland Parliament. See for example, the decision of McPherson JA in Bone v Mothershaw [2002] QCA 120 (Leave to appeal was rejected in Bone v Mothershaw [2003] HCATrans 779) that land held in fee simple is not “alienated from the State”.
As McPherson JA explains (at 18) freehold land alienated from the Crown is brought under the authority of the colonial legislature, which is the Queensland Parliament: “As sovereign of Australia, the King exercised through the colonial governor as his local representative a prerogative power at common law of granting out parcels of the unalienated land of the Crown that in English legal theory was vested in him in that capacity. The immediate effect of the legislation in question was to supersede the Crown’s prerogative by a statutory power to make grants of land, and so to bring its alienation or disposal under the authority of the colonial legislature.” (see also the reasons for judgment of Windeyer J in Randwick Municipal Council v Rutledge (1959) 102 CLR 54, (at 71), and of Brennan J in the Tasmanian Dam Case (1983) 158 CLR 1, (at 209-212).
The “person” then opines “The legal fiction of State Sovereign power must be rebutted and denied them.” The power to make laws “for the peace welfare and good government of the colony in all cases whatsoever” that appears in section 2 of the Constitution Act 1867, are, as McPherson JA states (at 6) “…the traditional formula, going back to early colonial times, used to confer “the widest legislative powers appropriate to a sovereign”. (see McCawley v R (1920) 28 CLR 106; [1920] AC 691 (at 712 per Lord Birkenhead, PC), Ibralebbe v The Queen [1964] AC 900 (at 929) and Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1 (at 9-10).
As typical of constitutional misconceptions, the “person” mistakenly claims that Chapter III of the Constitution is enlivened. This is not so, it is a State court exercising State jurisdiction, not a State court exercising Federal jurisdiction. Nor is it a matter involving the Constitution or involving its interpretation. As made clear in Fardon v Attorney-General (Qld) [2004] HCA 46; 223 CLR 575 (from 36, per McHugh J analysis of Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51, the doctrine of the separation of powers, and indeed the Kable Principle itself, does not apply as such in any of the States, including Queensland. In fact McHugh J goes as far as saying the structure of a State court may provide for certain matters to be determined by a person other than a judge – such as a master or registrar – who is not a component part of the court.
“Loser Elbow’s $100m post-election driveway”
lol If a $100 million windfall makes Albonese a loser, what does it make us? lol
Land Tax is a property tax. A TITHE paid to the government because you work your arse off to save a buck and INVEST for your older says so you can live like a decent human being.
Same goes for our Council Rates for Council services being LEVIED on property values (!) rather than per head of population which consumes those Council services. That’s a property tax too.
It’s a DE FACTO rip off, extortion which we are obliged to comply with unless we want our property confiscated. Protection money to keep the MAFIA ACCOUNTANTS happy and to save our sweat and work from going up in smoke.
Yet another tax on our labour, punishment for aspiring to something more than being squatters and serfs.
SHOCK !!! Loser Elbow’s $100m post-election driveway
I wrote and told them , The ‘land tax’ money grab is legalised extortion, I cannot pay by consent because this goes against my conviction. If their ‘land tax’ is legal then they should have no problem getting the money out of our banks by going through the Court system. Why are we asked to pay by consent when we have not signed into contract with them? If they take the money by force-that’s stealing in Gods eyes and mine; and if we agree to pay because of fear- it’s the same as agreeing with them to extortion.
Albo let it slip on National TV that they had managed to put the “constitution” behind them and now they could go forward with their plans. When was the last time you saw a Government Letter Head that read “Commonwealth Of Australia” The new letter head say “Australian Government” It even shows the wrong crown.
Who are the descendants of the Israelite dispersion across the Caucasus Mountains?
Lindesymonds says – “As a multi-lateral partner of the United [Communist] Nations , the WEF is tasked with the destruction of the Western nations of the White European people – both in ancestral Europe and in the nation states and social orders they founded on continents other than Europe, nations where the White people of European ancestry are the racial heritage and founding stock.”
In the flesh –
The Descendants of The Twelve Tribes of Israel in Europe
https://www.the-only-way.net/the-descendants-of-the-twelve-tribes…
The Christians, the Biblical Israelites, the Anglo Saxons. History traces them moving north and west. They migrated to the Caspian- and the Black Sea and crossed the Caucasus Mountains. That’s where the name Caucasian comes from. The White people, the Israelites, became known in North-Western Europe under different names.
But – now it is in the spirit –
Isaiah 56:7 “Mine house shall be called an house of prayer for all peoples”
The kingdom of God shall be taken from you, and given to a nation bringing forth the fruits thereof ” [Matthew 21:43]
h ttp://gods-kingdom-ministries.net/daily-weblogs/2014/11-2014/the-looming-controversy/
http://gods-kingdom-ministries.net/teachings/books/who-is-an-israelite/chapter-5-israel-in-romans-9-11/
The legal term from Black’s Law Dictionary is ‘reset’ as in : ‘The Great Reset’.
As a multi-lateral partner of the United [Communist] Nations , the WEF is tasked with the destruction of the Western nations of the White European people – both in ancestral Europe and in the nation states and social orders they founded on continents other than Europe, nations where the White people of Euroean ancestry are the racial heritage and founding stock. These are your first world industrialized nations / economies and their destruction was mandated in the Earth Charter by Maurice Strong and Milhail Gorbachev – when he held the Praesidium of the UN.
The multi-lateral partner of the United [Communist] Nations, the SPIEF is tasked with the real politik and wars that will integrate Eurasia (and Africa) as a geo-political entity and centrepiece of the Real Jew World Order that will emerge from WWIII (for which the High Cabal pulled all the levers on both the Communist and Zionist axes of their Great Revolution 1789 – ?)
The Great ‘RESET’ applies to the West. Black’s Law Dictionary defines it as : firstly, it is the act of knowingly receiving stolen goods. This means that if someone buys or accepts something that they know has been stolen, they are committing reset. Secondly, it can refer to the archaic practice of harboring or sheltering a criminal or outlaw.
So the political criminals being harboured in these Marxist states are going to make laws that will enable them to loot the land, labour, resources of the entire population. And the population will have to rent back the necessities of life from the government. We will have nothing and we will be happy
The Great Reset. Simples. Compare the Meerkat
Buying and selling land and properties ???
The current pretend corporatised and unlawfully established government systems of State and Federal impose taxes willy nilly because they have put systems in place that you cannot dodge, but that are NOT CONSTITUTIONAL, and they ignore our Constitution or use Gough Whitlam ‘s fake made up version of the 1970s.
But do your research…GESARA is here on the brink of release, I believe, by 1/01/2025, and that changes everything. There should be then, no taxes on anything second hand including houses, once government has been sacked and a new very small government takes it’s place, that actually serves we, the people instead of elite and offshore investors.
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Believe it or not, Tax is rapidly approaching 100% – is that Communist or Capitalists going mad, given a corporate takeover of government world-wide? Watch this 2-minute Channel 7 news item on Land Tax increasing 1000% !=
https:// youtu.be/TKK11h3KGxY Land Tax Breaking Point 7 News.mp4 2mins
Short video https://you tu.be/fZw-DOvMl_w Middle Path 8: Tax is Collective Belief 6 minutes.
St Germain offered Tax advice 30+ years ago=
“A curiosity of income-tax bureaucracy is that it takes more energy to complete than it generates income. This Will be released one day with gentle ceasing of strict regulation without overthrow of government, judgement, pain, and power struggle, when it is recognized as un-necessary.”
Similarly, Telos suggests:
* “Taxation is a manipulative material creation, spiritually immoral & a primitive understanding of leadership & management.” BUT! also warns=
* Confiscation of Land, homes, jail & harrasment results from refusal to pay taxes for now. Becoming tax-free must evolve through consciousness of Self then the majority in order to change smoothly in an enlightened manner.
Consider that Rates+Tax are no more than glorified parking tickets. Gratitude to Know Your Rights for providing tools that implement THIS meta-physical advice = “Like anything in life, when you know the ‘rules,’ you can disobey them. Or you can use them to produce whatever effect you wish.”
So does this mean that the Land Tax that the Victorian Government has imposed on all landholders is illegal ??
So does this mean that the Land Tax that the Victorian Government has imposed on all landholders is illegal ??
As I see it what we call Australia is a federation of corporations as incorporated in the U.S.
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