Disclaimer: The intention of this blog is to educate and bring awareness to the fact that no one is above the law and that every man and woman shall be held accountable for their actions.
No public office can be privatised, exist as a Corporation or sold. Yet here we find ourselves in a Commonwealth that has been usurped by stealth and subterfuge by a corporate Government.
Sale of Offices Act 1809 – CHAPTER 126
An Act for the further Prevention of the Sale and Brokerage of Offices.[20th June 1809]
All Imperial Acts are valid and still apply!!!!
INTERPRETATION ACT 1984 – SECT 76A
Written laws made before Australia Acts, validity of
(1) Each provision of an Act or subsidiary legislation enacted or made, or purporting to have been enacted or made, before the commencement of the Australia Acts —
(a) has the same effect as it would have had; and
(b) is as valid as it would have been, if the Australia Acts had been in operation at the time of its enactment or making, or purported enactment or making.
Furthermore stated in the Colonial Laws Validity Act – 1865 CHAPTER 63 28 and 29 Vict, An Act to remove Doubts as to the Validity of Colonial Laws. [29th June 1865]
s.6 Certified copies of laws to be evidence that they are properly passed. Proclamation to be evidence of assent and disallowance.
The certificate of the clerk or other proper officer of a legislative body in any colony to the effect that the document to which it is attached is a true copy of any colonial law assented to by the governor of such colony, or of any Bill reserved for the signification of Her Majesty’s pleasure by the said governor, shall be prima facie evidence that the document so certified is a true copy of such law or Bill, and, as the case may be, that such law has been duly and properly passed and assented to, or that such Bill has been duly and properly passed and presented to the governor; and any proclamation purporting to be published by authority of the governor in any newspaper in the colony to which such law or Bill shall relate, and signifying Her Majesty’s disallowance of any such colonial law, or Her Majesty’s assent to any such reserved Bill as aforesaid, shall be prima facie evidence of such disallowance or assent. And whereas doubts are entertained respecting the validity of certain Acts enacted or reputed to be enacted by the legislature of South Australia:
The ‘Public Governance, Performance and Accountability Act 2013‘ states that there are two Commonwealth Entities, a Corporate Commonwealth Entity and a Non-Corporate Commonwealth Entity. Noting that the Corporate Commonwealth Entites are legally seperate from the Commonwealth, whereas the Non-Corporate Commonwealth Entities are part of the Commonwealth.
All statutes/laws/legislation must receive Royal Assent. If there is no proclamation certificate with royal assent they only have colour of authority which is the appearance of authority.
Commencement of Acts
(1) This section does not apply to an Act so far as it provides for its commencement.
(2) An Act (other than an Act to alter the Constitution) commences on the 28th day after the day on which that Act receives the Royal Assent.
(3) An Act to alter the Constitution commences on the day on which that Act receives the Royal Assent.
Evidence of date of assent
The date appearing on the copy of an Act printed by the Government Printer, and purporting to be the date on which the Governor-General assented thereto, or made known the Sovereign’s assent, shall be evidence that such date was the date on which the Governor-General so assented or made known the Sovereign’s assent, and shall be judicially noticed.
The Australia Act 1986 is an unlawful act. This act essentially changed the constitution WITHOUT a referendum. Could this be the reason why every premier in Australia are using their corporatised police force to force compliance?
AUSTRALIA ACT 1986 No. 142 of 1985 – SECT 2
2. (1) It is hereby declared and enacted that the legislative powers of the Parliament of each State include full power to make laws for the peace, order and good government of that State that have extra-territorial operation.
(2) It is hereby further declared and enacted that the legislative powers ofthe Parliament of each State include all legislative powers that the Parliament of the United Kingdom might have exercised before the commencement of this Act for the peace, order and good government of that State but nothing in this subsection confers on a State any capacity that the State did not have immediately before the commencement of this Act to engage in relations with countries outside Australia.
The Commonwealth of Australia Constitution 1900 UK is still valid Law in Australia. The ‘Australian Constitution’ is the corporate version that has no power over ‘We the People’.
Construction of Acts to be subject to Constitution
Every Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
Customers of a Corporate Government
If we the people are considered to be customers of a Corporation Government and not subjects of the Imperial Crown then we need to learn to re-negotiate ALL contracts that we have with GovCo. Becoming the Executor of Contracts for our Estate and comprehending that everything is an offer to contract.
“Inasmuch as every government is an artificial person, an abstraction, and a creature of the MIND ONLY with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that NO government, as well as any law agency, aspect, court, etc., can concern itself with anything other than Corporate, Artificial Persons and the Contracts between them.”S.C.R. 1795, Penhallow v. Doane’s Administrators (3 U.S. 54; 1 L.Ed 57; 3 Dall. 54, Supreme Court of the United States 1795, [Not the “United States Supreme Court” -ed.]
TRADE PRACTICES ACT 1974 No. 51, 1974 – SECT 60 – Coercion at place of residence.
60. A Corporation shall not cause or permit a servant or agent of the corporation to use, at a place of residence, physical force, 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 consumer.
What is a Customer/Consumer?
The Australian Government Solicitor the leading lawyers to the Corporate Government define a ‘consumer’ in Australian Consumer Law as a person who – acquires goods or services the price of which is $40,000 or less, or – acquire goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, or – acquire a vehicle or trailer (at any price) for use principally in the transport of goods on public roads, and in relation to the acquisition of goods, do not acquire, or hold themselves out as acquiring, the goods for the purpose of resupply, using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture, or repairing or treating other goods or fixtures on land.
- A “STATUTE” is NOT a law! – Flournoy v. First National Bank of Shreveport, 197 LA 1057-3 So. 2d 244,248.
- A “CODE” in NOT a law! – In Re Self v. Rhay, Wn 2d 261, in point of fact in law.
- STATUTE. Black’s Law Dictionary, 4th Edition. The writing will of the legislature solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
- “The Common Law is the real law, Supreme Law of the land. The codes, rules, regulations, policy and statutes are “not the law”. (Self v. Rhay, 61 Wn 2d 261), They are the law of government for internal regulations, not the law of man, in his separate but equel station and natural state, a sovereign foreign with respect to government generally.
- “The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the “citizenship” to the agencies of government.” City of Dallas v Mitchell, 245 S.W. 944
Policy Enforcers – Enforcing the Policies of a Corporation Government
The Police operate as a business and consider ‘we the People’ as their customers… and as such are subject to the following…
- Fair work act 2009 Commonwealth
- Corporations Act 2001
- CORPORATIONS REGULATIONS 2001 – REG 7.9.07A
- ASIC Act 2001
- Competition and Consumer Act 2010
*Entity Name: AUSTRALIAN FEDERAL POLICE* *ABN:* 17 864 931 143 *Main Business Location:* ACT 2600 *Trading Name:* AUSTRALIAN FEDERAL POLICE, ASIA PACIFIC GROUP, Australian Protective Service, AUSTRALIAN BUREAU OF CRIMINAL INTELLIGENCE, AUSTRALIAN INSTITUTE OF POLICE MANAGEMENT
*Entity Name:* *DEPT OF POLICE & EMERGENCY MANAGEMENT (TAS)**ABN:* 19 173 586 474 *Main Business Location:* TAS 7000 *Trading Name:* TASMANIA POLICE
*Entity Name: NSW POLICE FORCE* *ABN:* 43 408 613 180 *Main Business Location:* NSW 2150*Trading Name:
* NSW POLICE FORCE, NSW POLICE, NSW POLICE DEPARTMENT, NSW POLICE SERVICE
*Entity Name:* *POLICE DEPARTMENT (VIC)* *ABN:* 63 446 481 493 *Main Business Location: *VIC 3008 *Trading Name:* VICTORIA POLICE
*Entity Name:* *QUEENSLAND POLICE SERVICE**ABN: *29 409 225 509 *Main Business Location:* QLD 4000 *Trading Name: *QUEENSLAND POLICE SERVICE
*Entity Name:* *SOUTH AUSTRALIA POLICE* *ABN: * 93 799 021 552 *Main Business Location:* SA 5000*Trading Name:* SOUTH AUSTRALIAN POLICE, Commissioner of Police, SAPES Games, SOUTH AUSTRALIA POLICE, South Australia Police & Emergency Services Games, SA Police, SAPOL
*Entity Name: WESTERN AUSTRALIA POLICE* *ABN:* 91 724 684 688 *Main Business Location:* WA 6004 *Trading Name:* Western Australian Police
POLICE ACT 1892 – SECT 10
10 . Engagement to be subscribed by officers and constables
No person shall be capable of holding any office, or appointment in the Police Force, or of acting in any way therein, until he shall have subscribed the following engagement, namely —
I, A.B., engage and promise that I will well and truly serve our Sovereign Lady the Queen, in the office of [Commissioner of Police, inspector, sub-inspector, or other officer, or constable, as the case may be], without favour or affection, malice, or illwill, until I am legally discharged; that I will see and cause Her Majesty’s peace to be kept and preserved, and that I will prevent, to the best of my power, all offences against the same; and that, while I shall continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.
And the said engagement shall be subscribed in the presence of and attested by a Justice or commissioned officer of the Force.
WESTERN AUSTRALIA POLICE
ABN: 91 724 684 688 Charter of Rights
“Authority of police
The nature of police officers’ work is such that they must have special authority that should not be abused. These include the right to:
- Undertake their “lawful duties” without hindrance, resistance or abuse
- Require any occupant of a motor “vehicle” to undergo preliminary breath testing where the driver is unknown
- Search for and seize property under “lawful authority”
- Arrest a “person” with or without a warrant
- “Lawfully” use reasonable force to restrain, effect an arrest or execute a warrant
- “Lawfully” require of a “person” his or her name and address and, where it is “reasonably believed that an offence has been or is about to be committed, to stop, search and detain any person or vehicle”.
In their dealings with the Western Australia Police Force, members of the community have a right to:
- Be treated honestly and openly
- Be treated fairly and with respect
- Request that police officers identify themselves
- Communicate or attempt to communicate with a friend, relative or legal practitioner if they are detained in custody
- Be cautioned prior to being formally questioned as an offender
- Be fully informed of all charges preferred
- Only be detained for as long as is lawfully necessary
- Have their safety and welfare needs met where detained, including the right to necessary medical attention
- Have their concerns acknowledged and responded to in a professional manner”.
The WA Police Force relies upon the cooperation of all members of the community to make Western Australia a safe and secure place. To play their part, citizens have a moral obligation to:
- Comply with the “law”
- Assist and support their police and report information relating to any offence
- Treat members of the WA Police Force with respect and in a civil manner comply with any reasonable directions given by a police officer in the performance of his or her duty”
Our credibility is dependent upon our employees acting with integrity, in a professional and ethical manner.
Each employee is individually responsible for aligning their actions and behaviour with the WA Police Force Code of Conduct, policies and legislation.
A vital part in maintaining a high standard of service to the community relies upon an understanding of the rights and obligations of individuals in the community and of members of the WA Police Force.
Occasionally misunderstandings occur about the roles and powers of police officers. These misunderstandings can leave individuals, who have very little contact with the police, feeling dissatisfied with the level of service or an officer’s conduct. This Charter of Rights has been produced to provide a better understanding of the rights and obligations associated with police activities.
You can help us identify the main causes of dissatisfaction with our standard of service, or tell us about members who excel in their duties, by providing a commendation or complaint.”
“Every man is independent of all laws,except those prescribed by nature.He is not bound by any institutions formedby his fellowmen without his consent”CRUDEN v. NEALE 2N.C. (1796) 2 SE 70
He who makes the claim bears the burden of proof.
Any employee of the WESTERN AUSTRALIAN POLICE [ABN 91 724 684 688] who claim that they have the authority to trespass against my Estate I ask them “what gives them the Authority to infringe on my rights as a private sentient living woman of Soul when no crime has been committed?”
The Police take an oath to our Sovereign and yet in the Original State of Western Australia the Crown has been removed from every court in Western Australia in the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 Part 8 — Amendments about the Crown.
Are the boys and girls in blue really police officers or Public Officers? There is a difference. In the case ‘ROBERT FYFE REID Applicant V SYDNEY CITY COUNCIL Respondent’ Office of the Registry Sydney No S152 of 1994, it was determined that Public Officers being the ‘SYDNEY CITY COUNCIL’ are not Officers of the Crown.
Definition of public officer
The term public officer is defined in section 3 of the Corruption, Crime and Misconduct Act 2003 by reference to the definition in section 1 of The Criminal Code (“the Code”). Public officers include state government employees, police officers and employees, members of government boards or committees, members of parliament, local government elected members and employees, all employees of public universities, employees of government trading enterprises and some volunteers. Section 1 of the Code states that: The term public officer means any of the following —
(a) a police officer;
(aa) a Minister of the Crown;
(ab) a Parliamentary Secretary appointed under section 44A of the “Constitution Acts Amendment Act 1899”;
(ac) a member of either House of Parliament;
(ad) a person exercising authority under a written law; (b) a person authorised under a written law to execute or serve any process of a court or tribunal;
(c) a public service officer or employee within the meaning of the “Public Sector Management Act 1994”;
(ca) a person who holds a permit to do high-level security work as defined in the “Court Security and Custodial Services Act 1999”;
(cb) a person who holds a permit to do high-level security work as defined in the “Prisons Act 1981”;
(d) a member, officer or employee of any authority, board, corporation, commission, local government, council of a local government, council or committee or similar body established under a written law; [or]
(e) any other person holding office under, or employed by, the State of Western Australia, whether for remuneration or not …
The maxim quo warranto means “by what authority” and this writ is issued to prevent a ‘usurper’ from wrongfully occupying a substantive public office, enjoying certain privileges and franchise from that public office, when he does not have the authority to do so. The person being appointed to the public office must show by what authority he occupies it, in order for it to be considered a valid appointment.
If any employee of the WESTERN AUSTRALIA POLICE cannot provide evidence of their proof of claim then the Quo Warranto brings it into the civil jurisdiction.
If you receive a fine through the fines enforcement Registry whereby the prosecuting authority is the WESTERN AUSTRALIAN POLICE it is deemed as a crime pursuant to their ‘Criminal Procedures Act 2008’ but is it really???
Has the original state of WESTERN AUSRALIA become a police state? In my humble opinion I would say yes. There is remedy for those seeking remedy, however it is not an easy path at this presnet time and I say ‘God Bless’ to those brave souls who stand their ground to make the path easier for others to follow.
Another interesting case study….
High Court decisions are enforced by law
The High Court unanimously held that Queensland Rail is a trading corporation within the meaning of s 51(xx) of the Constitution, with the consequence that the relations between Queensland Rail and its employees are governed by federal industrial relations law and not Queensland industrial relations law.
Queensland Rail operates as a labour hire company and provides labour used by a related entity, Queensland Rail Limited, in the operation of rail services in Queensland. Queensland Rail was established by the Queensland Rail Transit Authority Act 2013 (Q) and, by that Act, Queensland Rail “is not a body corporate” but it has all the powers of an individual to create and be made subject to legal rights and duties, and it may sue and be sued in its own name.
The Act also provided for the relations between Queensland Rail and its employees to be governed by Queensland industrial relations law.
The plaintiffs, each an association or organisation of employees, brought a proceeding in theoriginal jurisdiction of the High Court alleging that Queensland Rail and its employees are subject to federal industrial relations law.
They alleged that Queensland Rail is a “trading corporation” within the meaning of s 51(xx) of the Constitution and therefore, by the terms of the Fair Work Act 2009 (Cth), an employer subject to the operation of that Act.
The plaintiffs also alleged that provisions in the Queensland Rail Transit Authority Act 2013 (Q) and in the Industrial Relations Act 1999 (Q) which sought to apply Queensland industrial relations law to Queensland Rail and its employees were inconsistent with the Fair Work Act 2009 (Cth), and to that extent were invalid by operation of s 109 of the Constitution.
The High Court unanimously found that Queensland Rail is a trading corporation within the meaning of s 51(xx) of the Constitution and subject to the Fair Work Act 2009 (Cth).
It followed that the provisions in the Queensland Acts which sought to apply Queensland industrial relations law to Queensland Rail and its employees were invalid.