If you want to define your right to travel freely on the Queens roads you must first determine which jurisdiction you stand in.
The etymology definition of jurisdiction is “juris” law, “diction” to speak or pronounce solemnly.
Meaning “extent or range of administrative power, domain over which a legal or judicial authority extends” is from late 14c. Meaning “judicial authority, right of making and enforcing laws” is from early 15c. The form in English assimilated to Latin 16c. Related: Jurisdictional.
https://www.etymonline.com/word/Jurisdiction
If you domicile in The Commonwealth of Australia there are two jurisdictions that apply, a corporate Commonwealth jurisdiction and a non-corporate jurisdiction.
PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY ACT 2013 – SECT 11
Types of Commonwealth entities
There are 2 types of Commonwealth entities:
(a) a corporate Commonwealth entity , which is a Commonwealth entity that is a body corporate; and
(b) a non-corporate Commonwealth entity , which is a Commonwealth entity that is not a body corporate.
Note: Corporate Commonwealth entities are legally separate from the Commonwealth, whereas non-corporate Commonwealth entities are part of the Commonwealth.
If you stand in the non-corporate Commonwealth jurisdiction you need to be a living man or woman who is a Commonwealth National, not a corporate Australian Citizen. The corporate Commonwealth of Australia [ABN 122 104 616] is registered with the United States American Securities and Exchange Commission: [No. 000 080 5157. 651 and it’s CIK# is 0000805157. The business address is listed as 1601 MASSACHUSETTS AVE NWC/O AUSTRALIAN EMBASSY WASHINGTON DC 20036].
Handy hint… The non-corporate Commonwealth is NOT a geographical location.
Every corporate government worker including but not limited to the men and women who occupy the offices of Police Officers are Agents of a foreign corporation. They are foreign to you!
CORPORATIONS ACT 2001 – SECT 601CG
Local agent: how appointed
(1) A foreign company that lodges with the Registrar a memorandum of appointment, or a power of attorney, that is duly executed by or on behalf of the foreign company and states the name and address of a person who is:
(a) a natural person or a company; and
(b) resident in this jurisdiction; and
(c) authorised to accept on the foreign company’s behalf service of process and notices;
is taken to appoint that person as a local agent. The lodgement must meet any requirements of the data standards.
“Ignorance of the law is no exuse”
Legal maxim
BILL OF RIGHTS 1688 1 WILL AND MARY SESS 2 C 2 – SECT 12 Grants of forfeiture
That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
The Police Act, 1892.
19. EVERY member of the Police Force who shall be guilty of any neglect or breach or violation of duty in his office shall, on conviction before any two or more Justices, be liable to a penalty of not more than Ten pounds (the amount of which penalty may be deducted from any salary then due to such offender), or may be imprisoned, with or without hard labor, for any period not exceeding one calendar month.
In cases where your private property is taken in an act of larceny.
72. If any goods shall be stolen or unlawfully obtained from any person, or being lawfully obtained shall be unlawfully deposited, pawned, pledged, sold, or exchanged, and complaint shall be made thereof to any Justice, and that such goods are in the possession of any broker, or dealer, or of any person who shall have advanced money upon the credit of such goods, it shall be lawful for such Justice to issue a summons or warrant for the appearance of such broker or dealer, and for the production of the goods, and to order such goods to be delivered up to the owner thereof either without any payment or upon payment of such sum and at such a time as the Justice shall think fit ; and every broker or dealer who being so ordered shall refuse or neglect to deliver up the goods, or who shall dispose of or make away with the same after notice that such goods were stolen or unlawfully obtained as aforesaid, shall forfeit to the owner of the goods the full value thereof to be determined by the Justice: Provided always, that no such order shall bar any broker or dealer from recovering possession of such goods by suit or action at law from the person into whose possession.
Bill of Sale Act 1899
`’Bill of Sale ” includes any document or agreement whatsoever, whether by deed or by parol. and whether by way of sale, security, gift, or bailment ;Transferring. or intended to transfer, or to be a record or evidence of the transfer of the property in or right to the possession of chattels…
If you have unincorporated your conveyance and the Occupants of the Offices of Police Officers and the contractors involved for example the towing company refuse to return your property because you are not the registered owner and you have proof that you are the lawful owner by way of a bill of sale then they are bound to the Police Code of Conduct and ethics.
Accountability
If you know who you are and have defined the jurisdiction to which you operate in and have notified the Occupants of the Commanding Offices of the corporate Police force eg: THE WESTERN AUSTRALIAN POLICE: [ABN 91 724 684 688] and your locomotion is interfered with unlawfully and your private property is removed in an act of larceny then you must hold the men and women who have acted outside of the authority of their office privately accountable.
Western Australia Police force Code of Conduct
Police Officers have a code of conduct to which they must adhere to. The following information is taken directly from the “WA Police Force Code of Conduct” to which applies to “persons” employed under the Police Act 1892 .
“The Code of Conduct applies to all employees, regardless of rank or position, including employees who are permanent, consultants, volunteers, casual, contractors or any other group or individual who is engaged with the WA Police Force. It also applies to what we do outside of work hours, in situations that may damage the trust and confidence the agency has in an employee, or if their actions bring the WA Police Force into disrepute.”
“Awareness: The Code of Conduct cannot cover every possible situation. It requires employees to be personally responsible for their behaviour and actions, to ensure professionalism is maintained at all times.”
“We treat all people, colleagues and community members alike, with dignity and respect, safeguarding their rights, particularly if they are vulnerable, a victim of crime, in our custody or wishing to make a complaint.”
“We will not engage in harassment, victimisation, bullying or discrimination against any person. We are all responsible for ensuring this does not occur.”
“We will act lawfully at all times and will not engage in fraudulent or corrupt behaviour. We know the use of illicit drugs, at any time, immediately compromises our position with the WA Police Force.”
“We will not act in a way that uses our influence, role or position to personal advantage or to the advantage of others we are associated with.”
“We will only use our position and authority in accordance with the law and in the execution of our official duties. Not for personal or commercial gain, or to do harm to others.”
“We are trusted as the custodians and protectors of our official information and records. We only access, share, or disclose agency-held information in the execution of our duty, as authorised by policy or legislation. We seek advice about the appropriate release of information if we are unsure.”
“We will adhere to all WA Police Force policies, protocols, procedures, relevant legislation and any other lawful direction. Particularly: The Police Act 1892, Police Force Regulations 1979, Public Sector Management Act 1994 (and relevant guidelines), Equal Opportunity Act 1984, Occupational Safety and Health Act 1984 (and relevant regulations)”
Police Force Regulations 1979
609. Unlawful arrest and unnecessary force: A member shall not — (a) make any unlawful arrest; or (b) use any unnecessary force on any prisoner or other person with whom the member may be brought into contact in the performance of his or her duty.
626. Civil or criminal proceedings against member (1) Where any proceeding, whether civil or criminal (not being a charge for an offence against the discipline of the Force) is brought against a member, the member shall, as soon as possible after the commencement of the proceedings, report the fact to the officer in charge of the region or the branch in which the member is stationed. (2) An officer in charge of a region or branch who receives a report pursuant to subregulation (1) shall immediately report the matter to the Commissioner.
I wonder who the Police Commissioner would report this matter to if criminal or civil proceedings against him occurred! 🤔 🤔 🤔
6A10. Service of notices or documents (1) If a notice or document is required to be given to a member under Part IIB of the Act or this Part, service may be effected on the member — (a) by delivering it to the member personally; or (b) by properly addressing and posting it (by pre-paid post) as a letter to the usual or last known place of abode of the member or address for service given by the member in writing to the assistant commissioner; or (c) by leaving it for the member at his or her usual or last known place of abode; or (d) by leaving if for the member at an address for service given by the member in writing to the assistant commissioner.
Tey Vs Potts: The WA Police have no authority
Notice to Principal is notice to Agent, notice to Agent is notice to Principal!
Part XVI — General 1601. Offences generally. A member who fails to comply with or who contravenes any of the provisions of these regulations commits an offence against the discipline of the Force.
CRIMES ACT. No. 12 of 1914.
An Act relating to Offences against the Commonwealth. [Assented to 29th October, 1914.]
12.—(1.) Offences against this Act, other than indictable offences, shall be punishable either on indictment or on summary conviction
Definitions
“Constable” includes any member of the police force of the commonwealth or of a State or of a Territory being part of the Commonwealth.
“Property” includes money and every thing, animate or inanimate, capable of being the subject of ownership.
Application of Common Law: 4. The principles of the common law with respect to criminal liability shall, subject to this Act, apply in relation to offences against this Act.
Attempts: 7. Any person who attempts to commit any offence against this Act or any other Act, whether passed before or after the commencement of this Act, shall be guilty of an offence and shall be punishable as if the attempted offence had been committed.
Power of Arrest: 8. The powers of arrest without warrant possessed by a constable, or by any person, under the common law, with respect to breaches of the peace, may be exercised by any constable, or by any person, as the case may be, with respect to offences against this Act which involve any breach of the peace.
This means that if there has been no crime committed a police constable they do not have the authority to arrest you!
Destroying or damaging Commonwealth property: 29. Any person who wilfully and unlawfully destroys or damages any property, whether real or personal, belonging to the Commonwealth or to any public authority under the Commonwealth, shall be guilty of an offence. Penalty: Imprisonment for two years.
The Commonwealth is not a geographical location. “We the People” are the commonwealth. We are the land. When we claim our Estate as living men and women under the authority of Almighty God, any property seized from a Commonwealth National is the property of the Commonwealth”.
Seizing goods to Commonwealth custody: 30. Any person who, without lawful authority, takes any goods or property out of the possession, custody, or control of the Commonwealth or out of the possession, custody, or control of any officer of the Commonwealth who has the possession, custody, or control thereof by virtue of his office, shall be guilty of an offence. Penalty: Imprisonment for one year.
Deceiving witnesses: 38. Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of that person as a witness, shall be guilty of an offence.
Penalty: Imprisonment for two years.
Conspiracy to defeat justice. 48. Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice in relation to the judicial power of the Commonwealth, shall be guilty of an indictable offence. Penalty: Imprisonment for five years.
PART VIII.—MISCELLANEOUS: 86. Any (a) person who conspires with any other person— Conspiracy. (a) to commit any offence against the law of the Commonwealth, or (b) to prevent or defeat the execution or enforcement of any Commonwealth Act or any regulation thereunder, or (c) to effect any purpose which is unlawful under the law of the Commonwealth, or
(d) to effect any lawful purpose by any means which are unlawful ahall be guilty of an indictable offence. Penalty: Imprisonment for three years.
JUDICIARY ACT 1903 – SECT 80
Common law to govern. So far as the laws of the Commonwealth are not applicable or so far as their provisions are insufficient to carry them into effect, or to provide adequate remedies or punishment, the common law in Australia as modified by the Constitution and by the statute law in force in the State or Territory in which the Court in which the jurisdiction is exercised is held shall, so far as it is applicable and not inconsistent with the Constitution and the laws of the Commonwealth, govern all Courts exercising federal jurisdiction in the exercise of their jurisdiction in civil and criminal matters.
“Under the common law a public highway was a ‘way common and free to all the king’s subjects to pass and repass at liberty”‘, or as Sir ‘William Blackstone stated “the power of locomotion, of changing situation, or of moving one’s person to whatever place one’s inclination may direct, without imprisonment or restraint, unless by due process of law”
1 Bl. Comm.134, Joseph v Randolph [1882] 71 Ala 499.
Confirmation of liberties This statute provides: “. . . And that the peace within the realm be holden and kept, so that all the King’s liege people and subjects may from henceforth safely and peaceably go, come, and abide, according to the laws and usages of the same realm . . . . And that good justice and even right be done to every person; saving to the same our lord the King his regalty and prerogative.”
7 Henry IV chapter 1 (1405):
“Confirmation of liberties; This statute provides that people may freely and peaceably come to the courts to pursue the laws or to defend the same without disturbance or impediment of any other person and that full justice and right should be done as well to the poor as to the rich in the courts”.
2 Henry IV chapter 1 (1400)
None shall be put to answer without due Process of Law.
36 Edward III (St 1) chapter 9 (1362): Breaches of statutes This statute confers jurisdiction in Chancery for breaches of various statutes. It is declaratory of the common law and is part of the foundation of the jurisdiction of equity to deal with breaches of statutes and uses of statutes amounting to fraud.
Justice Kaye stated: “It is an ancient principle of the Common Law that a person not under arrest has no obligation to stop for police, or answer their questions. And there is no statute that removes that right.
Lieber Code
Commanding generals may cause the magistrates and civil officers of the hostile country to take the oath of temporary allegiance or an oath of fidelity to their own victorious government or rulers, and they may expel everyone who declines to do so. But whether they do so or not, the people and their civil officers owe strict obedience to them as long as they hold sway over the district or country, at the peril of their lives.
Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an American soldier in a hostile country against its inhabitants, are not only punishable as at home, but in all cases in which death is not inflicted, the severer punishment shall be preferred.
Recent Comments