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Property Rates are illegal in Australia

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:

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.

SOURCE here.



4 thoughts on “Property Rates are illegal in Australia

  1. I wonder what else is illegal. Would you know if parking fines issued by Council are Legal/illegal? Thank you for keeping us informed. Blessings

    Posted by Raza | September 5, 2012, 11:11 am
    • I suppose ultimately, almost all fines can be rejected by us, sovereign entity, which makes the authorities powerless in most ways. Then again, everything is a reflection of self, don’t you think.

      Posted by nesaraaustralia | September 5, 2012, 2:18 pm
    • Let me put your wondering at rest! Yes all council fines, fees, rates etc are unlawful as the “local council’ which they call themselves local government and I never call them that as The People is the “Government” not the public servant whom are paid by the taxpayers and in this matter the local council are paid by both, the little grubs!
      Exactly what the post stated in every aspect of the law and an act of treason (in my book) was commited in 1993 to create local council as an entity to commence commerce with land owner.
      I can put you on to a very informative site that will educate you and provide you template to write lawul letters to these clown to make their little unlawful fines and rates go away to traffic offence, debt collectors, solcitors, bailiffs, courts appearance, electricity bills, telephone bills, water bills, mobile phone bills, banks – secured and unsecured loans, includes home loans and the ATO bill (my personal favorite..hehe).
      Believe me and I cannot stress this enough to you, please take the time to read this site (It wont take long) and then go to the forums and read them. It will blow your mind, what you will learn and at the same time you will be enraged to the criminal acts that put upon us people on a daily basis. Then finally you learn not to live in fear and start to take them on with these lawful letters that are designed perfectly that criminal corporations must comply to your demands or wear the cost of your fees, which are much larger than what they are fraudulently committing.

      Just one other point I want to know in reference to law in Australia. If you understand admiralty law and the fact that every other law that been created from Admiralty Law ( I am not talking about legislation, as legislation is not law! It’s on policy of a corporation that cannot be enforced unless you allow them to have jurdisiction over you)
      Like I said, if you understand Admiralty Law, you will realise that Admiralty Law doesnt pertain to us as natural living breathing man. Therefore there is NO LAW that pertains to us in Australia. We are Lawless and Untouchable.
      This is why we live in a campaign of fear by those very people we pay good unlawful and unconstitutional tax dollars for. Because if the Australian citizen new the truth, I would suspect the entire federal parliament would become boat people themselves looking for someone to give them political asylum, as it was the only way they could escape the country with been seen by the Australian Government.

      If you do more research about Australia and it constitution and how Australia is still a colony of Britain, this would mean Australia is not a nation!
      Therefore Australia has no lawful right to have a seat at the United Nations, plus Australian has no lawful right to take any matter into the international court, as they will not be recognised.
      Hence why the Australian Federal Parliament and/or their Federal Departments can help the likes of schapelle Corby, Bali 9, Stern Hu, Julian Assange, just to name a few; cannot be helped whatsoever.
      They are at the mercy of whatever country they are in and the members of parliament have to sit on their hands, but make sure the media doesnt make anything of it. Which they wont, as they know why too and they are control by them. Japanese Whalling is another one…what a joke! These puppets we are led to believe we vote in are just taking you all for a fool to believe they are doing something about it….always appear to be doing something about it around election time. But that’s irrelevent as well, as our leaders are preselected for us by the Federal Reserve and the Elite.

      Property Laws, is a joke in this country as the people in this country are getting screwed, but if only they stop for a minute and learn a little about law. They would stop these criminals in their tracks and the gig would be up for them
      Currently in the state of Queensland and I am under the impression this is the same in other states and if not, it soon will be.
      When the members of state parliament dissolved the state constitution and turned Queensland into a corporation in 2001, the first law they attacked was property laws.
      The collusion between the Bank and these criminals Federal and State Parliaments are unconscionable and inconceivable to the point, that if the people of Australian knew what they were doing. There would be roits in the streets before 7 am and the people would finally clean up the backyard and take out the trash.

      When you purchase your property and you spend 30 years paying it off to the bank, you will still never ever own it and nor do you even own the land.
      Reason why, they hold on to your deeds and regardless if you ask for them, they will mislead you with a copy of the deeds, but that isnt the deeds.

      So anything the bank can take it, as its assest to their corporation that you paid them to live in.
      The State under their new corporation policy’s in relation to property rights is they can now purchase it off you for whatever they value it for and they can buy it for anything they like. Even for their own profit.
      I know in the past they must pay you market value. Not anymore!

      The Australian Dream is exactly that a dream!

      Posted by John Milton | September 25, 2012, 2:09 pm
  2. John Milton how dod I look at this website you are talking about. I would like to know more about my country and NOT have to pay the dam local greed govenment their $1200 per year for my land…?

    Posted by Sarah D | October 16, 2012, 1:45 pm

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