Category Archives: local government
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?
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,
The dangerous state of the Burke Development Road west of Chillagoe in Far North Queensland has prompted calls from local truck drivers to close the road until it can be repaired.
In the past week there have been two motor vehicle accidents, one a roll over resulting in serious injuries requiring the Cairns rescue chopper to evacuate the victims to hospital.
The Transport and Main Roads Department in Cairns and Member for Leichardt Warren Entsch were notified three days ago about the dangerous condition of a 40 klm section of the main arterial road to Kowanyama and Normanton yet no action has been taken.
Mareeba Shire Council says it has no funds to upgrade the road, however a maintenance crew was working on the Wrotham Park end of the road and heading west.
NO ACTION TAKEN BY TRANSPORT AND MAIN ROADS DEPT OR MEMBER FOR LEICHARDT, WARREN ENTSCH
Katters Australian Party Member for Leichardt Dan McCarthy said he had driven on the road several times in the past and it had always been in need of repair.
“This road is disgraceful and trucks are getting wrecked trying to drive over it. I know of a transport operator at Dimbulah who refuses to use it. I have been advised the side tracks through the bush are now getting cut up and it really is unsafe to use,” Mr McCarthy said.
“Like the gravel sections of the Peninsula Development Road, the TMR just refuses to fix it. I will be ensuring federal money is forthcoming to have a major upgrade so the Kowanyama people and locals can use it.”
Triple road trains carrying gravel to Kowanyama from a local quarry over the past month have destroyed the soft clay loam road surface.
Chillagoe transport operator Karyl Struber said the road should be closed until it is repaired, but the deep dust holes were beyond a grader and water truck. She said it would need major works before reopening.
“It is disgusting and not safe. It is not right and little money ever gets spent on it,” Ms Struber said.
“Tourist buses and people from Kowanyama use this road and if a bus load of kids had an accident there would be big trouble.” –contributed
Letter to the Editor
Can readers assist Michal at Gin Gin, west of Bundaberg?
Bundaberg Mayor – John “Jack” Dempsey was born on 7 April 1966. He started as a brickies labourer then became a Queensland policeman then Police Minister under the LNP Newman Government in 2012.
The buck stops here people with this illegal council dictating to the people without being a sanctioned by the people to act as a government body.
Contact Jack the dictator to voice your opinion of this persecution from his office.
I bought a land in Gin Gin and have no debt. Started to build but council came and started to mess. Caravan they say is unlawful on my land, the sheds are unlawful and if I do not comply I face a $500 000 fine.
A few days after that unexpected visit I decided to sell the land rather than fight and likely loose.
They still make a problem that is demand me to submit an application and pay $600 for permission to spread the home pad.
Well they allege that everything mine on my land is unlawful. I do not agree at all if I am a free man.
But when I have enough of them, they also do not allow me to restore my land to an original shape but demand a hefty payment.
They also do not allow me to live in my caravan (not comfortable for a long run) on my land.
- What would be the best I can do to sell and go without a problem?
Q2. Can we as society do anything to stop this unlawful acts of councils and our government? It is clearly a case of slavery. It is also a case of them reinstating the Feudal laws. YOu bought your land but you had to pay yearly in order to have permission to actually own it.
Is it clear?
How to combat the slavery and unlawfulness and if anyone could possibly guide me of how to finish this drama as I’ve described?
(now pad is almost not visible as I have smoothed it with a machinery. But must live in my caravan until sell the land.
A report from the world’s oldest and most prestigious medical journal, The Lancet, has officially classified fluoride as a neurotoxin, in the same category as arsenic, lead, and mercury. 
The news was broken by author Stefan Smyle and disseminated by the Facebook page Occupy Food, which linked to the report published in The Lancet Neurology, Volume 13, Issue 3, in the March 2014 edition, by authors Dr. Phillippe Grandjean and Philip J. Landrigan, MD. The report can be viewed by clicking here.
Industrial chemicals identified
As noted in the summary of the report, a systematic review identified five different similar industrial chemicals as developmental neurotoxicants: lead, methylmercury, polychlorinated biphenyls, arsenic, and toluene.
The summary goes on to state that six additional developmental neurotoxicants have also now been identified: manganese, fluoride, chlorpyrifos, dichlorodiphenyltrichloroethane, tetrachloroethylene, and the polybrominated diphenyl ethers.
The authors added that even more of these neurotoxicants remain undiscovered.
ADHD, Dyslexia, and other cognitive impairments
In the Lancet report, the authors propose a global prevention strategy, saying that “untested chemicals should not be presumed to be safe to brain development, and chemicals in existing use and all new chemicals must, therefore, be tested for developmental neurotoxicity.”
Also in the report, they note that neurodevelopmental disabilities, including attention-deficit hyperactivity disorder, dyslexia, and other cognitive impairments, are now affecting millions of children worldwide in what they call a “pandemic of developmental neurotoxicity.”
The report coincides with 2013 findings by a Harvard University meta-analysis funded by the National Institutes of Health, which concluded that children in areas with highly fluoridated water have “significantly lower” IQ scores than those who live in areas with low amounts of fluoride in their water supplies. 
Fluoride also linked to cancers
Sodium fluoride in drinking water has also been linked to various cancers.
It is functionally different than the naturally-occurring calcium fluoride, and commonly added to drinking water supplies and used by dentists and in dental products who posit that it is useful for dental health.
Currently, fluoride is added to water supplies across much of North America, however, adding fluoride to drinking water is not always standard practice, being banned entirely throughout most of Continental Europe and in several other developed nations across the world.
 Woffinden, B. (2005, June 11). Fluoride water ’causes cancer’. Retrieved from https://www.theguardian.com/society/2005/jun/12/medicineandhealth.genderissues
 Mercola, J., Dr. (2013, January 28). Harvard Study Confirms Fluoride Reduces Children’s IQ. Retrieved from http://www.huffingtonpost.com/dr-mercola/fluoride_b_2479833.html
from Alan Manson
A bill to corporatise local government
The Andrews Government has drafted the Local Government Act 2018 that has many draconian features about it. Reading the Bill indicates the following events will happen if the Bill passes through the parliament unchallenged:
- ALL local councils will become legitimised as “corporations” as representing “the third tier of government”. Our Constitution does NOT allow for this to happen; nor is it appropriate for a corporation be both a commercial profit-making enterprise and an arm of government.
- ALL Councils will be elevated to “Authority” status; meaning, they will become laws unto themselves.
- ALL councils will be able to make their own “Local Laws” (which are different to by-laws) and they will able to enforce them – even utilising the police when necessary.
- Councils will be required to bring community housing up to the standards specified in the Victorian Energy Efficiency Target 2007. This means they will send “approved officers” to people’s homes and businesses to produce a list of work required by the landowner to meet these targets for energy efficiency.
- If the landowner fails to complete the work within the given timespan, the council will then arrange for the work to be done. This could cost $$0,000’s!
- Once completed, the council gives the landowner time to pay. If he/she cannot do that, then the land is “”transferred” to the council.
- The council will then determine “market value” of the property and after any mortgage costs, encumbrances, fees and fines are deducted, many people will not see much cash remaining from the value of their former home. They could also be looking for other accommodation too.
With already corrupt councils potentially being offered so much POWER to exercise over their ratepayers, it is believed that the laws they enact will be so totalitarian that no person will have any means to object to their decisions.
Fortunately, this Draft Bill is available for public comment.
I have put together a Submission Template that exposes each council’s illegitimacy (together with other issues) and I’m seeking assistance from those who own/lease or invest in property to contact their MP’s and tell them to NOT support this Bill.
Larry Hannigan has kindly hosted for me a webpage about this matter; so I encourage you to visit the page and read it carefully, as it has extracts taken out of the proposed legislation to demonstrate how draconian this matter is.
More importantly, the webpage has a link where you can download a Submission template that I have created to assist people to make a submission
Contact the author: Alan Manson email@example.com