The following information is based on my own research and knowledge of our Australian Law. The author and publisher disclaim all liabilities in connection with the use of this information Under the public benefit social security scheme, citizens may be subrogating their common law rights. It is the responsibility of all individuals to understand their contracts within the public system.
A rates notice is your local council’s invitation to do BUSINESS. They are simply a shop like any other since they operate under an A.B.N. number, which applies to all councils in Australia. We do have the right to only choose to only pay for their waste collection services, once you can convince them this is your right.
Unfortunately anyone with a mortgage will be required to pay rates, only because it would have been part of the bank’s contract. You can always attempt to convince the banks you do not want illegal rates as part of the clause but most likely they will not consent to this.
It is my duty to inform Australians who have no more mortgage that corporate councils have no federal authority to license with your house hold. Although rates are illegal because Local Government is illegal, it can be shown that rates are illegal under Australia’s Constitution as well.
The Courts of Australia have long held that council rates are a tax. The High Court ruled that State Government could not raise any tax. Local Government is subordinate to State Government. Furthermore, John Howard, Peter Costello and Michael Carmody all stated before the introduction of the illegal GST (Goods and Services Tax), “Local Government Council Rates will attract no GST because Council Rates are a tax and we cannot tax a tax.” Under the Australian Constitution, the Parliament of the States do not have the power of taxation. Only the Federal Government can enforce taxation.
This right is given by:
- Commonwealth Constitution Act 1901, section 114
- Property Law Act 1958, Section 18
- Victorian Constitution Act 1975, Section 17
- Trades Practices Act 1974, Section 60
The Australian Commonwealth Constitution clearly outlines that the State shall not, without the consent of the Parliament of the Commonwealth, impose any tax on property of any kind belonging to the Commonwealth.
The Property Law Act 1958 guarantees “land held of the Crown in fee simple may be assured in fee simple without license”, which ensures no 3rd party can force license with freehold (fee simple titled) land owners without consent. Also the Victorian Constitution Act 1975 expressively only allows land tax only to be subject to either waste land of the crown or mining/mineral land, NOT free hold land. The Trade Practices Act also disallows corporate council bodies to force or coerce the land owner into a contract.
Also it should be clearly noted that Local Government did not exist during the time of the creation of the Commonwealth, and is still not recognized in Australia, as the referendum held in 1988 to introduce “Local Government” did not carry through. See the attachment referendum results bellow, which comes from the Electoral Commission Handbook (April 09 edition). Finally Sections 111 (2)&(3) of the Local Government Act 1989 (Vic) states all local law must be consistent with any Act or regulation in full power. Thus the local government’s laws regarding RATES are to be regarded as void and illegal as they are in conflict with the Imperial laws of Australia.
Can your council provide any written documented proof of their council’s legality? Why don’t you ask them.
You may give your council the opportunity to contract with your house hold for the use of your waste collection and sweeping service, which according to their booklet comes to $139 a year in my area.
They have the opportunity to either:
- Contract with your house hold and produce an invoice for the amount of $139
- Provide the contact information for their waste collection business so you can arrange a private contract with them
- Or withdraw their illegal notices and arrange a time for their corporation to collect your waste bins. Remember, any persons or entities entering your house hold without permission can result is a federal trespass offense.
Australian Referendum Results:
Refer to Page 93
Local Government referendum did not carry through in 1988.
Acts and Sections:
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT 1901 – SECT 114
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.
Property Law act 1958
18A. Land may be assured in fee simple
Land held of the Crown in fee simple may be
assured in fee simple without license and without
fine and the person taking the assurance shall hold
the land of the Crown in the same manner as the
land was held before the assurance took effect
Victorian Constitution Act 1975
17. Waste lands of the Crown
Subject to this Act the Parliament may make laws
regulating the sale letting disposal and occupation
of the waste lands of the Crown within Victoria
and of all mines and minerals which are within the
jurisdiction control or disposition of Her Majesty
in and adjacent to Victoria.
Trades Practices Act 1974
60 Harassment and coercion
A corporation shall not use physical force or undue harassment or
coercion in connection with the supply or possible supply of goods
or services to a consumer or the payment for goods or services by a
Local Government Act 1989 – SECT 111
Power to make local laws
111. Power to make local laws
(2) A local law must not be inconsistent with any Act or regulation.
(3) A local law is inoperative to the extent that it is inconsistent with any
Act or regulation.