18 – History of Local Councils

AN HISTORY LESSON – Prior to 1900, there were no States, they were known as Colonies and were all independent, under British military law. Those independent Colonies had agreements for trade, etc under the Federal Councils of Australasia Act 1855. As free settlers began to grow in number, the People decided to unite under one form of government. Years of conventions and referendums were held and in 1898–1900 culminated in the Draft Constitution of the People which went to England for ratification. On July 9 1900, Queen Victoria signed the amended draft Constitution and returned it to Australia. 

It was approved by the people and The Commonwealth of Australia Constitution Act 1900 (UK) was brought into Australian law on 1st January 1901 and became the Founding and Primary law for all now named States and Governments, Courts, Police and People, over and above anything in previous State or Colony laws.

State Governments have no authority to create any laws which contravene anything in the true Constitution.  Section 109 removes the “anything” and everything whatsoever in any previous Acts regarding Local Councils being any part of government. They remain to this day as private ABN companies – nothing more.  Section 109 also nullifies any new  “laws” since 1900 in any State contrived “Local Gov’t Acts,” (none of which have been lawfully proclaimed nor gazetted nor approved by Referendum, including the notorious Australia Act 1986.) THIS IS SPELLED OUT CLEARLY IN – Sec 9A of the Acts interpretation Act 1954 which is still current.    

The Referendums in 1974 and 1988 specifically asked the people say … yes or no … to Local Councils (which may have existed prior to 1900) be continued and whether new Councils could be formed  …. the continuance of and establishment of ….  The people voted an overwhelming NO … thus all Councils that may have existed became unlawful.  They are not a part of Government and are nothing more than Private ABN companies.  They pretend to be Govt but are not.    Then came their next attempt(s) … to have power over us and to tax us more.

The Australia Acts 1985 and 1986 (request Acts only) created the unlawful Local Governmentst. The real Queen signed on the top of the front page of those “Acts”, which means she acknowledged, but she did not sign the bottom. She told Hawke and co – “you gotta ask the people.” So we then had Referendum 1999, where those 2 Acts and everything in them were overwhelmingly rejected.  Thus the inclusion of Local Government – ( Local Councils) as a third tier of Government was rejected and they remain unlawful today. They are nothing more than ABN private companies. Their CEOs are not elected and answerable to no one, except their UN bosses, yet they control and manipulate the local Councillors.  In the 1999 Referendum, we the people also voted to remain a Constitutional Monarchy – We are not a democracy (mobocracy). A lynch mob, is a democracy – the majority wants to hang the minority. WE remain a Constitutional Monarchy under English Common Law. But above all is God’s law in the KJV 1611

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

When the TOTALLY CORRUPT POLITICAL PARTIES JOINED THE COMMONWEALTH OF AUSTRALIA AS A sovereign, independent federal nation in the Australia Act 1986 despite at least 3 Referendums, they took over all land = TREASON. The Political Parties have taken ownership of Frank’s place and can and will do what they want unless enough people wake up and act.

In 1999 the TOTALLY CORRUPT POLITICAL PARTIES from all States enacted another Australia Acts (Request) Act 1999 so they could change OUR Commonwealth of Australia Constitution Act 1901 as Proclaimed and Gazetted.  In the Referendum in 1999 we voted to stay as a Constitutional Monarchy or become a Republic. The Political Party Republic lost BUT the TOTALLY CORRUPT POLITICAL PARTIES kept going with TREASON. After 1986 all States created Local Government Acts so as to control all Political Party Land in their Australia created by and for the Political Parties in1973 = TOTAL CORRUPTION.

Local Government Act 1989 No 11 Victoria

Local Government Act 1993 No 30 New South Wales

Local Government Act 1993 No 95 Tasmania

Local Government Act 1993 No.70 Queensland

Local Government Act 1995 No 74 Western Australia

Local Government Act 1999 No 62 South Australia   ALL THESE ACTS ARE TREASON and LOCAL GOVERNMENTS (COUNCILS) ARE ENFORCING POLITICAL PARTY TREASON.

All these Acts are enacted for the Political Parties, their so called  sovereign, independent federal nation That = TREASON

The Australia (Request and Consent) Act 1985 Act No. 143 of 1985 came after the  Australia Act 1986 No. 142, 1985   How come the Australia Act came before the Australia (Request and Consent) Act?

The  Australia Act 1986 No. 142, 1985 was enacted to the paper “Queen of Australia” and under the Political Parties Definition of Australia = TREASON

The Australia Act 1986 UK was enacted under the Definition of The Commonwealth of Australia as established under the Commonwealth of Australia Constitution Act.

TWO TOTALLY DIFFERENT ACTS

Political Parties their Religious Mates their JUDICIARY and their Professors of LAW are TREASONOUS BASTARDS.    

People of the Commonwealth of Australia under the Commonwealth of Australia Constitution Act 1901 voted to stay as a Constitutional Monarchy in 1999.

By NOT listening to and ignoring the People the Political Parties in the State and Federal Governments, their Parliaments kept the TREASON going by using the Australia Act 1986 Act No 142 as their Primary Law.

Extract of Political Party Constitution

Objectives

… reform of the Australian Constitution and other political institutions to ensure that they reflect the will of the majority of Australian citizens and the existence of Australia as an independent republic;

Here is their Political Party republic.

Constitution for the Sovereign Nation of Australia

Common law shall have no place in Australian society.

Land

The total land area of Australia makes up part of the commonwealth and as such belongs to all Australian Citizens in perpetuity. There shall be no private ownership of land.

“Truth Is Treason In An Empire Of Lies”

Founding and Primary Law Commonwealth of Australia Constitution Act 1901 as Proclaimed and Gazetted.   It’s only 22 pages , READ IT

Re Wakim [1999] HCA 27 (17 June 1999)

KIRBY J. : “ A legislature cannot, by preambular assertions, recite itself into constitution power where none exists. ”

In the original and true Constitution, 

Part II – The Senate

7 The Senate

The Senate shall be composed of senators for each State, directly chosen

by the people of the State, voting, until the Parliament otherwise provides,

as one electorate.       NOT BY POLITICAL PARTIES

Part III – The House of Representatives

24 Constitution of House of Representatives

The House of Representatives shall be composed of members directly

chosen by the people of the Commonwealth, and the number of such

members shall be, as nearly as practicable, twice the number of the senators.         NOT BY POLITICAL PARTIES

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Here is an article from Wayne Glew

Local Government v Municipal Authorities v Councils v Roads Boards. Municipal Authorities, Councils and Roads Boards Existed in varying stages before and after Federation and all of them are Public Utilities ~ Nothing More Nothing Less. Municipal Authorities, although fashioned on English Law, had No Authority except their submissions to the Parliament in relation to Local issues. Those issues were in relation to the repair of roads, footpaths, and some of the parks in towns. Most of the people were volunteers and received no payment for services. Most or all of them had Shire clerks that paid for work done and the contractors that did the work all out of State taxes.

Local people used to donate time, money, machinery etc to be used in community projects. Roads Boards had a clerk and did the same jobs as the Municipal Authorities and Councils. The reason I know this is my father and several of his friends did the contract work until the formation of so called Local Government.

Municipal Authorities, Councils and Roads Boards did not have authority over the Land either Crown Land or Our Private land as that was and is the authority vested in the Governors of the States by Imperial Law. Decisions of Courts to the CONTRARY ARE NOTHING MORE THAN #FRAUD on The People and #Theft of Their Land.

The Parliament can not constitutionally put legislation together nor can it Empower others to make laws or collect tax. The States only exist after Federation subject to the Commonwealth Constitution as does their constitution Reference 106, 107, 108 and 109 of the Commonwealth Constitution. The High Court has determined these issues in HCA 48 of 1996 James Andrew McGinty v The State of Western Australia and HCA 58 of 1999 Fejo v Northern Territory Government.

Both cases explain Our Authority over Our Land and how it is owned and controlled by us. NO GOVERNMENT HAS ANY AUTHORITY IN RELATION TO YOUR LAND. NOR CAN THEY GET IT WITHOUT #FRAUD AND #STEALING. IT IS TIME FOR YOU PEOPLE TO WAKE UP !!!

The Governor is the Highest Authority in State Governments and Must Be Obeyed. The Parliament is there to debate and pass legislation put together by the Governor in Council … Not Political Parties.  The Courts are adjudicaturos between the people and the law in the case that is before them. They do not pronounce law except the High Court who’s decisions form part of the Common Law of this country.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

If you write to any Local Council and you actually get a reply, they will nearly always claim they are “authorised” by some Local Government Act – that is a blatant lie – so let them know from the info below

COUNCILS ARE ILLEGAL UNDER THE COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT 1901 AS PROCLAIMED AND GAZETTED. 

LOCAL GOVERNMENTS ARE ILLEGAL UNDER THE COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT 1901 DETERMINED BY TWO REFERENDUMS            18 May 1974 & 3 September 1988

The Australian Electoral Commission on their CD “Australian Referendums 1906—1999” have advised the following points:-

1. “Under the Australian Constitution any powers not delegated to the Commonwealth are the prerogative of the States UNLESS THEY ARE SPECIFICALLY DENIED.”

2. The Referendum in 18 May 1974

Q4. Local Government Bodies – The fourth proposal sought to amend section 51

of the Constitution to give the Federal Government power to give financial

assistance to lend and borrow money for any local government body.

3. The people voted NO.

4. The referendum was NOT carried.

One State recorded a YES vote (NSW). Nationally 46.85% of electors voted YES.

TODAY WE HAVE THE FEDERAL GOVERNMENT FUNDING LOCAL GOVERNMENT DIRECTLY IN CONTRAVENTION OF THE CONSTITUTIONAL WILL OF THE PEOPLE.

5. The Referendum in 3 September 1988

            Q3: Constitution Alteration (Local Government) 1988. 

            Q3. To alter the Constitution to recognise local government.              

6. The people voted NO.The referendum was NOT carried.

            No States recorded a YES vote. Nationally 33.62% of electors voted YES

8. The legislative proposal was, “119A. – Each State shall provide for the establishment and continuance of a system of local government, with local government bodies elected in accordance with the laws of the State and empowered to administer, and to make bylaws, for their respective areas in accordance with the laws of the State.”

9. Unlike a plebiscite, a referendum is binding on the government.

THE FEDERAL GOVERNMENT RECOGNITION OF LOCAL GOVERNMENT IS IN DIRECT CONTRAVENTION OF THE CONSTITUTIONAL WILL OF THE PEOPLE.

The Commonwealth Government is funding Local Governments directly contrary to the Commonwealth of Australia Constitution act 1901.

All local government has been constitutionally illegal since 3-9-88 when there was a referendum to incorporate local Government into the Commonwealth of Australia Constitution Act 1901.

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 precedence 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 Commonwealth of Australia Constitution Act 1901 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 Commonwealth of Australia Constitution Act 1901.

LOCAL GOVERNMENT IS NOT RECOGNISED WITHIN THE COMMONWEALTH OF AUSTRALIAN CONSTITUTION ACT 1901 AND WAS REJECTED AT REFERENDUM OF THE AUSTRALIAN PEOPLE  IN SEPTEMBER 1988 THEREFORE IT HAS NO LAWFUL BASE

Thus Councils Should Be Dismissed And Local Government Department Administrators Appointed Permanently.

1. In no section within the Commonwealth of Australia Constitution Act 1901 is there provision for the Federal or State Parliament to establish a third level of government without the permission of the people via a Federal Referendum.

2. The High Court of Australia ruled that “State Governments could not raise ANY TAX”, and because of this the ‘State Excise on Fuel, Tobacco & Alcohol’ was removed.

3. It can be clearly seen that the authors of our Constitution were not allowing for any Parliament other than the Federal Parliament to impose a tax. Therefore, the only land rates tax that can be imposed within Australia is one imposed by the Federal Parliament through the Commissioner for Taxation.

4. Unless we receive a “Rates Notice” from the ‘Commissioner for Taxation it is INVALID and UNLAWFUL.

5. 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.

6. The Courts of Australia have long held that council rates are a tax. Yet, under the Commonwealth of Australia Constitution Act 1901, the Parliaments of the States do not have the power of taxation.

7. “John Winston Howard, Peter Howard Costello & ’Commissioner for Taxation’ Michael Joseph Carmody all stated before the introduction of the infamous “Goods and Services Tax”,   Quote:  “Local government Council Rates will attract no GST because Council Rates are a tax and we can’t tax a tax”.

8. The organizations known as ‘local government’ did not exist at the time of the federation of the states into a commonwealth.

9. A ‘rateable person within the meaning of the local government act 1993’ did not exist at the time of the federation of the states into a commonwealth. It can be seen then, that since ‘local government’ did not exist at the time of Federation, then there can be no continuance of local government law.

10. Since ‘local government’ did not exist at the time of Federation, then there can be no continuance of ‘local government’ law. Similarly, as ‘local government land rates tax’ did not exist at the time of Federation there can be no continuance of ‘local government land rates tax’ from that time to now. 

11. Following a recommendation of the Constitutional Commission of Inquiry (1985 – 1988) a Referendum was held in September 1988. (The Constitutional Commission found that there was no basis in law, contained within the Constitution for the provision of ‘Local Government’. They found that barely 50% of the population even knew of the existence of the Constitution, let alone its contents, and that only a few percent of those under 25 years of age knew of its existence at all.)

12. Question 3 from the referendum was:  A Proposed Law; ‘To alter the Constitution to recognise local government.’  Do you approve of this alteration?

13. The specific (federal Referendum) proposal was:-

      (3) Constitution Alteration (Local Government) 1988…. 119A, “Each state shall provide for the establishment and continuance of a system of local government, with local government bodies elected in accordance with the laws of the state, and empowered to administer, and make by-laws for, their respective areas in accordance with the laws of the state”.

14. It was recognized that the Parliaments of the States did not have the power to establish a third tier of government via ‘local government’ and an amendment to the Constitution was necessary for them to obtain these powers.

15. If the Constitution had to be altered to allow for the establishment of ‘local government’, before there could be a continuance of ‘local government from the time of federation, then it is clear that these powers did not exist at the time of the Federation of the States into a Commonwealth.

16. Therefore, if the Commonwealth of Australia Constitution Act 1901 had to be altered to allow for the “establishment and continuance” of ‘local government’ these powers did not exist at the time of Federation or sections 106 to 108 of the constitution would have applied and the constitution would not have had to be altered.

17. For the Constitution to be able to be changed, there must be a majority, (either for or against), in each state, and, a favourable majority must be returned in a majority of States.

      The Australian Electoral Commission advise:-

      “Referendum results – 3 September 1988”

      “(41) Local Government”, being totally reject by 3 084 678 votes of the Australian people.

      “Question 3”.    “A Proposed Law: To alter the Constitution to recognise local government.”      “Do you approve this proposed alteration?”

      “The Commonwealth of Australian Constitution Act 1901 recognises government at the Commonwealth and State levels but makes  no mention of local government. Constitution Alteration (Local Government) 1988 sought to give such constitutional recognition to local government.”

29. “Obtained majority in no State and an overall minority of 3,084,678 votes.”

30. Therefore the continuance of Local Government in defiance of the referendum vote of the people is unlawful?  Thus the Minister would be acting in accordance with the Australian people’s referendum results if he dismissed the Tweed Shire Council.  In fact it is encumbered upon him explicitly follow the instruction of people’s referendum and dismiss all councils.

31. No other conclusion can be derived from this result other than that Local government was not legally recognized by the people of Australia, who are the Government of Australia through their agents the Parliaments.

32. The Parliament of the State, any State,  did not have these powers before the Referendum, and they were most certainly prohibited from having them after the Referendum.

33. This was confirmed by the Parliament of NSW Legislative Council General Purpose Standing Committee (No 5), Report 19, Local Government Amalgamations, December 2003 which states on page 51, at 4.78: “Local Government is not recognized in the Commonwealth of Australian Constitution Act 1901. In 1974 and 1988 constitutional recognition of local government was considered in referenda to change the constitution but neither referendum was successful.”

34. The members of the various Parliaments of the States and the Commonwealth are the elected representatives of the people of Australia. They are not there as representatives of the Parliaments, but as elected servants of the people. Twice, in 1974 and in 1988 the people of Australia (the Government) told their elected representatives that they did not wish to constitutionally recognize local government.

35. Since the people do not wish to recognize ‘local government’, and since the Constitution does not recognize or grant the power to establish a third level of government, then under Section 109 of the Constitution it was illegal for the Parliament of all States to enact the Local Government Acts.

36. The 1988 Referendum was a public act under the Federal Constitution. Sections 106 and 108 subject the Constitutions of the States to the over-riding authority of the Federal Constitution and Section 118 requires that full faith and credit be given throughout the Commonwealth of Australia to the laws and public acts and records of every State. If full faith and credit is given, there appears to be NO LEGAL WAY any States can overturn the specific outcome of a Federal Referendum

37. The Referendum (Constitution Alteration) Act of 1906-1973 is a Commonwealth of Australia Act. The Schedule of the Referendum Act provides the wording of the “Writ for Referendum” and includes the words:

38. “We (the Electorate) command that you (the parliament) cause a proposed law entitled… ………  Be submitted, according to law, in each State to the electors qualified to vote for the election of Members of the House of Representatives” (for each of the six states). It is clear that a “Writ” directs that a Federal Referendum must be by way of a vote state by state. This has the same effect as a state referendum, but under the Federal Act, by doing so invokes Section 109 of the Australian Constitution as an authority that over-rides any inconsistency in the legislation of the States.

39. Since the parliament of all States has no powers under the Commonwealth of Australian Constitution Act 1901 to create a Third Tier Of Government, and since they were twice told by the people they serve that the people did not wish to recognize Local Government, then the enactment of all Local Government Acts are illegal.

40. THE LOCAL GOVERNMENT ACTS OF THE STATES HAS NO BASIS EITHER CONSTITUTIONALLY OR LEGALLY.

41. The Constitution was formatted to protect the Australian people from a number of things, and also to give the people of Australia the ability of Self Determination of Government.

NOWHERE DOES IT PERMIT THE PARLIAMENTS, OR THE JUDICIARY, TO OPERATE OUTSIDE THESE GUIDELINES. 

 GUARDIANS OF THE CONSTITUTIONS

Commonwealth of Australia Constitution Act 1901 is NOT a tool to be wielded for Political Party expediency. It is the Supreme law of the Commonwealth of Australia. The Governor-General and State Governors in conjunction with the High Court at Chapter 3, Judiciary Act No 6 of 1903 are the Constitutional Commonwealth and State Guardians to take care that it is followed, NOT out-manoeuvred by Political Parties. The Federal and State Parliaments are not sovereign bodies; they are legislatures with limited powers, and any law which they attempt to pass in excess of those powers is no law at all it is simply a nullity, entitled to no obedience.

MORE HISTORY YOU PROBABLY NEVER KNEW

England is a Constitutional Monarchy NOT a Democracy.

TREASON started in force in the early 1970s when the Political Parties of the Commonwealth of Nations removed Her Most Excellent Majesty, by stealth.

Canada, New Zealand and Australia are Constitutional Monarchies BUT like England Political Parties in these Countries have taken over the Queen’s Parliaments = TREASON.

Canada in 1982 got the Canada Act 1982

The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.

Done by Political Parties as nobody voted for this. To add to that TREASON, they created a paper Queen of Canada = TREASON

New Zealand in 1986 got the Constitution Act 1986 No 114

The Sovereign Head of State

The Sovereign in right of New Zealand is the head of State of New Zealand, and shall be known by the Royal Style and Titles proclaimed from time to time.

For this the Political Parties removed the Royal Style and Titles Act 1953 and created their own paper Queen of New Zealand. Nobody voted for this = TREASON

Australia in 1986 got the Australia Act 1986 No. 142 of 1985

An Act to bring constitutional arrangements affecting the Commonwealth and the States into conformity  with the status of the Commonwealth of Australia as a sovereign, independent and federal nation.

For this, the Political Parties created their own paper Australia, paper Commonwealth and paper Queen of Australia to represent their Abstract entities Australian Citizens and removed the Royal Style and Titles Act 1953 = TREASON

EVERYTHING ABOVE IS TOTAL WILFUL TREASON

OUR Founding and Primary Law Commonwealth of Australia Constitution Act 1901 as Proclaimed and Gazetted STATES

Chapter II – The Executive Government

61 Executive power

The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

The Queen in the above Section is NOT devise-able into the  Political Parties’ Queen of Australia.