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…..”
Where are the statutes to be found?
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
Senate Hansard, Monday, 28 November 2016
“………..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………………”
….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. 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.
The rhetoric behind the Roads to Recovery scheme included a slightly ‘Whitlamesque’ concern for fostering local ‘agency’ and expeditious outcomes without state involvement: ……
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,