FINE
A fine is defined as an amount of money that has to be paid as a punishment for not obeying a rule or law.
ENFORCEMENT
Enforcement is defined as the process of making people obey a law or rule, or making a particular situation happen or be accepted.
REGISTRY
Registry is defined as the place where records are kept.
Fines Enforcement Registry of Western Australia
The Fines Enforcement Registry was established in 1995 as the Western Australian Government agency responsible for administering the Fines, Penalties and Infringement Notices Enforcement Act 1994. the Fines Enforcement Registry remains a Court of the Magistrates Court of Western Australia, so that while it is an administrative system, it remains part of the judicial process. Fines are used as a penalty in the justice system of Western Australia. As well as fines resulting from charges brought before courts, infringement notices are issued by various authorities such as Police and Local Governments for a range of offences including traffic and parking. The Fines Enforcement Registry enforces fines imposed in WA courts and those arising from unpaid infringement notices. The Registrar uses the suspension of driver’s and motor vehicle licences to enforce the payment of court fines and infringement fines. The Registrar also issues enforcement warrants to the Sheriff for enforcement should a licence suspension prove ineffective. For court fines the Registrar also uses other enforcement options, namely community work and/or imprisonment in default of payments should an enforcement warrant prove ineffective. FER-REPORT.
When you pay a fine you are admitting Guilt
Any Corporate Government Office issuing an infringement notice proceeds under the purported authority of the ‘Fines, Penalties and infringement notice enforcement Act 1994.
When you pay a fine you are admitting that you are guilty of the “Alleged Offence”. The etymology of Guilt comes from the word gieldan which means to pay for, debt.
When a corporate government department such as the DEPARTMENT OF TRANSPORT, WESTERN AUSTRALIA POLICE (WAPOL), local Councils with an ABNs issues a notice you have 28 days to respond. You can either admit guilt and pay the fine or you can challenge it with a several notices, (the principle of three applies) to the CEO.
I generally send a series of Quo Warranto notices requiring the sender of the Notice to prove their claim of authority to issue an infringement notice and make demands upon my Estate.
One of two things happen, they either drop the charges and leave you alone or send the fine onto the Fines Enforcement Registry to enforce the fine.
When the Fine Enforcement Registry step in to enforce the fine, if you do nothing they will either suspend your drivers licence and if you drive under a suspended drivers licence and you get caught you will be charged and prosecuted as a criminal by the corporate money making machine. More fines and penalties. More debt! They will force you to pay one way or another because you are a citizen on their slave ship. You exist in commerce as the dead legal fiction in military, Admiralty Rem jurisdiction as a Mr, Ms or Mrs as the ALL CAPS Artificial Public Person AKA property of the STATE.
These forementioned penalties include garnishing your bank account, taking personal property, work orders, prison and a Landgate memorial.
What is a Landgate Memorial?
Landgate state on their website: that there are two ways to enforce the payment of fines or penalties under the Fines, Penalties and Infringement Notices Enforcement Act 1994.
- Suspension of Driver’s Licence (in Civil Proceedings)
Infringement notices may be issued under any written law by an approved prosecuting officer who, after giving to the Fines Enforcement Registry a signed Enforcement Certificate and issuing a final demand for payment of the penalty, may register an infringement notice with the Registrar of that Registry.
If monies under an Enforcement Certificate remain unpaid, the Registrar of the Fines Enforcement Registry may then issue a Notice of Intention to Suspend Licences. Further failure to pay the fine constitutes a conviction of the offender for the alleged offence.
2. Warrants of Execution Against Personal Property and Land (in Criminal Proceedings)
A warrant of execution can be issued under Part 4 or Part 6 of the Act where a monetary penalty is imposed on an offender by a court in criminal proceedings. Under a warrant of execution, the Sheriff may seize personal or real property.
Seizure of real property is effected by the Sheriff lodging with the Registrar of Titles or the Registrar of Deeds:
- a memorial in the prescribed form describing the land and setting out the amount owed under the warrant and the enforcement fees owed, and
- a copy of the Warrant
A warrant issued under this Act has an indefinite life and remains in force until the amount has been paid or an order is served on the offender. The signature of the Sheriff on the memorial does not have to be witnessed.
A statutory declaration, identifying the offender, is required if there are any discrepancies in the name and addition shown in the memorial (warrant) when compared to the registered proprietor on the title for the land.
On being satisfied that the memorial has been prepared in the prescribed form and on receiving any statutory declaration clarifying any discrepancies in the warrant and the title concerned, The Registrar of Titles will endorse the memorial on the title for the land described.
When a memorial is registered under the TLA or Registration of Deeds Act 1856, the Registrar must serve the offender with a copy of the memorial.
13.2. Effect on Title
The Registrar is prohibited from registering, and accepting for registration any instrument affecting any estate or interest in the land without consent of the Sheriff.
The process of challenging the allegation/offence/fine may seem overwhelming so most people cave in at this stage because it is easier to pay and admit guilt. What most people do not comprehend is that there is much more at stake here. When we pay a fine without challenging it, it gives the corporate beast more power over us. Stay strong and hold your course. We have already won this!
What is a notice?
A Notice is 1) information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and upcoming dates. Notice is a vital principle of fairness and due process in legal procedure and must be given to both parties, to all those affected by a lawsuit or legal proceeding. Remember the Fines Enforcement Registry is a Court. In short, neither a party nor the court can operate in secret, make private overtures or conceal actions. Notice of a lawsuit or petition for a court order begins with personal service on the defendants (delivery of notice to the person) of the complaint or petition, together with a summons or order to appear (or file an answer) in court.
2) a writing informing a party to a contract, promissory note, lease, rental agreement or other legal relationship of a delinquency in payment, default, intent to foreclose, notice to pay rent or quit (leave) or other notice required by the agreement, mortgage, deed of trust or statute.
3) information.
4) being informed of a fact, or should have known based on the circumstances, as “he had notice that the roof was not water-tight.”
How did the Fines Enforcement Registry become the Judge Jury and the Executioner?
The Corporation Government created a piece of Legislation called the Fines, Penalties and Infringement Notice Enforcement Act 1994. The creation of this act placed the Fines Enforcement Registry (FER) as the administration arm of the Department Of Justice (DOJ) within the Magistrates Court of Western Australia. It was given Assent on 23rd December 1994 by the Western Australian Governor Major General Philip Michael Jeffery whose purported authority was assumed under the Letters Patent Relating to the Office of Governor of the State of Western Australia 1986.
Letters Patent Relating to the Office of Governor of the State of Western Australia 1986
“.. By the Australia Act 1986 of the Commonwealth of Australia. provision is made in relation to the office of the Governor of the State of Western Australia and corresponding provision will also be made in the Act which is expected to result from the Australia Bill at present before Parliament in the United Kingdom (which Acts are hereinafter together referred to as “the Australia Acts”); And whereas We desire to make new permanent provisions relating to the office, of Governor of the State of Western Australia and for persons appointed to administer the government of the State:…”
The Western Australian Governor has as much Authority as a boiled egg!
It is the colour or perception of authority that is what gives them power. When we realise this… it ends!
The Commonwealth of Australia Constitution cannot be changed without a referendum so whether or not it was given royal assent by a misguided Elizabeth. We the people did not vote for the altering of the Constitution and did not vote for the Australia Act 1986.
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 128.
Mode of altering the Constitution.
This Constitution shall not be altered except in the following manner:–
The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.
But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.
When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.
And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen’s assent.
No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.
In this section, “Territory” means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.
Creative Legislating
The corporate Government are very creative, they created the Justices Amendment Act 1903 by ever so deceptively popped it under the Justices Act 1902 and blended the amendments within that Act creating the Justices Amendment Act 1994. When you realise that it is all smoke and mirrors, the house of cards comes tumbling down!
What is a legal Instrument?
A legal instrument is a formal or legal document; a document in writing, such as a deed, lease, bond, contract or will. A Writing that serves as evidence of an individuals right to collect money.
What instruments do the Fines Enforcement use?
Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 4 — Fines Division 1 — Preliminary 28. Terms used
Instrument means —
- (a) a licence suspension order; or
- (b) an enforcement warrant; or
- (ba) a WDP; or
- (c) an order to attend for work and development; or
- (d) a fine expiation order;
All roads lead to the Drivers Licence
Suspension of the Drivers Licence by FER!
As discussed earlier when you do not pay a fine they will suspend your drivers licence. They use this instrument as evidence of their right to collect money from you. Essentially this is extortion!
When you are in the Public you receive Benefits, Privilleges and Entitlements and if you don’t abide by the rules of the Corporation Government you get Punished and Penalised, that is where the Fines Enforcement Registry fits in.
When you are in the Private, your stand on your rights.
More Creative Legislature
If my work aligns with you then I invite you to support my charitable non- corporate Commonwealth services.
Thanking you in advance
Blessings
Dawn
xxx
Recent Comments