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* Gerrit, isn’t the Victorian Parliament amending the Local Government Act?
**#** INSPECTOR-RIKATI®, let me explain what I yesterday presented to various persons:
QUOTE
TO WHOM IT MAY CONCERN 27-7-2019
Mr. BARTON.-If you refer to clause 105, you will see that it can only be done with the consent of the
state.
Dr. COCKBURN.-On the other hand, Sydney might object to have her harbour and 10 miles roundabout
taken away by the Federal Parliament, and its administration withdrawn from the local Government.
END QUOTE
What is shown is that the Federal Government is the Central Government and the State
Government I the Local Government. You cannot have within a state two kind of Local
Government and as such what I generally referred to as being Local Government really is the
Municipal and Shire councils which are not a level of Government at all but are corporations
operating for and on behalf of the citizen within their area.
As the High Court of Australia in Sydney Council v Commonwealth 1904 made clear counsel
rates are DELEGATED state powers of the State Government for a council to charge rates as a
land tax. The state government can delegate certain power to collect certain goods to
municipal/shire councils such as collecting household rubbish. As a corporation municipal/shire
councils can make certain rules which are generally referred to as by-laws but are merely
regulations where it relate to say collecting garbage. So, here we have that the High Court of
Australia made clearway back in 1904 that municipal/shire councils could exercise land taxation
referred to as rates albeit not against the Commonwealth without its consent.
What are you people on about claiming that council rate are unconstitutional?
Well it is not that simple.
You see the Framers of the Constitution made clear:
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth
legislates on this subject the power will become exclusive.
END QUOTE
Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will
nevertheless remain in force under clause 100.
QUOTE
My only desire is to give power to the Federal Parliament to achieve a scheme for old-age pensions if it be
practicable, and if the people require it. No power would be taken away from the states. The sub-section
would not interfere with the right of any state to act in the meantime until the Federal Parliament took
the matter in hand.
END QUOTE
And well on 11 November 1910 the Commonwealth created the Land Tax Office, the forerunner
of the ATO, and so constitutionally the concurrent legislative powers regarding Land Taxation
no longer existed. It mean that the states no longer possessed the Land Taxation legislative
powers and hence it neither could delegate land taxation power to the municipal/shire councils. It
is upon this basis that municipal/council rate as a form of land taxation I unconstitutional since
11 November 1910.
In 1952 the Commonwealth began to wind down its land taxation power but in the constitution
there is no provision/mechanism to return Commonwealth legislative powers to the state. The
same is with any State legislative power that if validly referred to the Commonwealth by
approval of a state referendum then the legislative power is gone forever from the State.
Much is argued about the purported Victorian Constitution Act 1975. Well to me it is not a
constitution at all1
Hansard 6-3-1891 Constitution Convention Debates
QUOTE Mr. THYNNE:
I shall quote from Mr. Dicey's recent work, which is very clear in its language. He says:
One of the characteristics of a federation is that the law of the constitution must be either legally
immutable or else capable of being changed only by some authority above and beyond the ordinary
legislative bodies, whether federal or state legislatures, existing under the constitution.
END QUOTE
.
Hansard 6-3-1891 Constitution Convention Debates
QUOTE Mr. THYNNE:
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The constitution of this federation will not be charged with the duty of resisting privileged classes, for
the whole power will be vested in the people themselves. They are the complete legislative power of the
whole of these colonies, and they shall be so. From [start page 106] them will rise, first of all, the federal
constitution which we are proposing to establish, and in the next place will come the legislative powers of the
several colonies. The people will be the authority above and beyond the separate legislatures, and the
royal prerogative exercised, in their interest and for their benefit, by the advice of their ministers will be
practically vested in them. They will exercise the sovereignty of the states, they will be charged with the
full power and dignity of the state, and it is from them that we must seek the giving to each of those bodies
that will be in existence concurrently the necessary powers for their proper management and existence. Each
assembly, each legislature, whether state or federal existing under this constitution, will be as Dicey
again says-a merely subordinate law-making body whose laws will be valid, whilst within the authority
conferred upon it by the constitution, but invalid and unconstitutional if they go beyond the limits of
such authority.
END QUOTE
QUOTE
Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and the states on
terms that are just to both.
END QUOTE
Because of the federation our 1900 constitution override the Victorian 1855 constitution and as
such the 1855 Victorian Constitution act must be interpreted subject to what is governed by the
Commonwealth of Australia Constitution act 1900 (UK).
Did you notice that section 106 specifically dictate that the state constitutions are subject to this
Constitution?
As such the embedded legal principle in the federal constitution are applicable to the state unless
otherwise provided for in the federal constitution.
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HANSARD 17-3-1898 Constitution Convention Debates
QUOTE Mr. DEAKIN.-
What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the
liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of
liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good
government for the whole of the peoples whom it will embrace and unite.
END QUOTE
And
So, forget about dribbling about Local Government when in reality you refer to municipal/shire
council. They cannot be a level of Government because a corporation cannot function as a
government. All they can do is to act for and on behalf of a state government, the Local
Government. Even then when it comes to collecting any monies, then it must all go directly into
State Consolidated Revenue Fund. After all if you are managing corporation and you got a
cashier collecting monies for the corporation you certainly wouldn’t accept the cashier to keep
the monies collected for herself/himself. Our federal constitution I that monies must all be
deposited into a Consolidated Revenue Fund and can only be drawn by Appropriation Bills.
Clearly, where it comes to so called council rate then not only are they unconstitutional but also
the monies are misappropriates as a form of theft because all monies should be deposited in the
State Consolidated Revenue Fund.
A major problem I that the Federal government cannot claim that the states are collecting on its
behalf this is because the Commonwealth must ensure that taxation I equal throughout the
Commonwealth. As such where the land taxation is varying from council to council and state and
state then it cannot be claimed that they are collecting monies on behalf of the Commonwealth.
.
The reductions may be on a sliding scale, but they must always be uniform.
END QUOTE
And
Hansard 19-4-1897 Constitution Convention Debates
QUOTE
Sir GEORGE TURNER: No. In imposing uniform duties of Customs it should not be necessary for the
Federal Parliament to make them commence at a certain amount at once. We have pretty heavy duties in
Victoria, and if the uniform tariff largely reduces them at once it may do serious injury to the colony. The
Federal Parliament will have power to fix the uniform tariff, and if any reductions made are on a
sliding scale great injury will be avoided.
END QUOTE
.
Hansard 17-3-1898 Constitution Convention Debates
QUOTE Mr. BARTON.-
But it is a fair corollary to the provision for dealing with the revenue for the first five years after the
imposition of uniform duties of customs, and further reflection has led me to the conclusion that, on the
whole, it will be a useful and beneficial provision.
END QUOTE
And
Hansard 17-3-1898 Constitution Convention Debates
QUOTE Mr. BARTON.-
On the other hand, the power of the Commonwealth to impose duties of customs and of excise such as it may
determine, which insures that these duties of customs and excise would represent something like the average
opinion of the Commonwealth-that power, and the provision that bounties are to be uniform throughout
the Commonwealth, might, I am willing to concede, be found to work with some hardship upon the states
for some years, unless their own rights to give bounties were to some extent preserved.
END QUOTE
You may also then consider where I the constitutional legislative power of the commonwealth to define/declare
CITIZENSHIP?
If we are going to give the Federal Parliament power to legislate as it pleases with regard to
Commonwealth citizenship, not having defined it, we may be enabling the Parliament to pass
legislation that would really defeat all the principles inserted elsewhere in the Constitution, and, in fact,
to play ducks and drakes with it. That is not what is meant by the term "Trust the Federal
Parliament."
END QUOTE
QUOTE
Mr. SYMON.-Very likely not. What I want to know is, if there is anybody who will come under the
operation of the law, so as to be a citizen of the Commonwealth, who would not also be entitled to be a
citizen of the state? There ought to be no opportunity for such discrimination as would allow a section of a
state to remain outside the pale of the Commonwealth, except with regard to legislation as to aliens. Dual
citizenship exists, but it is not dual citizenship of persons, it is dual citizenship in each person. There may
be two men-Jones and Smith-in one state, both of whom are citizens of the state, but one only is a
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citizen of the Commonwealth. That would not be the dual citizenship meant. What is meant is a dual
citizenship in Mr. Trenwith and myself. That is to say, I am a citizen of the state and I am also a citizen
of the Commonwealth; that is the dual citizenship. That does not affect the operation of this clause at all.
But if we introduce this clause, it is open to the whole of the powerful criticism of Mr. O'Connor and those
who say that it is putting on the face of the Constitution an unnecessary provision, and one which we do not
expect will be exercised adversely or improperly, and, therefore, it is much better to be left out. Let us, in
dealing with this question, be as careful as we possibly, can that we do not qualify the citizenship of this
Commonwealth in any way or exclude anybody [start page 1764] from it, and let us do that with precision and
clearness. As a citizen of a state I claim the right to be a citizen of the Commonwealth. I do not want to
place in the hands of the Commonwealth Parliament, however much I may be prepared to trust it, the
right of depriving me of citizenship. I put this only as an argument, because no one would anticipate such a
thing, but the Commonwealth Parliament might say that nobody possessed of less than £1,000 a year should
be a citizen of the Federation. You are putting that power in the hands of Parliament.
Mr. SYMON.-I would not put such a power in the hands of any Parliament. We must rest this
Constitution on a foundation that we understand, and we mean that every citizen of a state shall be a
citizen of the Commonwealth, and that the Commonwealth shall have no right to withdraw, qualify, or
restrict those rights of citizenship, except with regard to one particular set of people who are subject to
disabilities, as aliens, and so on.
END QUOTE
This is the 3rd time in about 4 decade I have attended to some meeting about constitutional
matters. This as I hold that mot time it would be a sheer waste of my time people making all kind
of claims not really knowing what they are talking about. My presentation I how people at least
in my view should submit their argument either for or against a particular issue.
Anyone who understand/comprehend what I state may realise this I generally lacking by most
other in their presentation. And then we have the victim who by misconception are stopping to
pay rates, etc, not knowing what really is applicable, and unable to make a proper argument can
end up with a lot of cost ordered against them. It I for this everyone must do their own research
and not accept it as gospel.
When the High Court of Australia commenced to operate it then banned the usage of the Hansard
record, this as I understand it former delegate now in positions to push their goals which they
might have failed in during the debates now could succeed nevertheless. This for decade went on
until about 1970s by which time then the Hansard was allowed to be used but then many miss-
judgments were not corrected but still enforced.
I have at times come across material a person used in court having copied and paste my writings
and used it as their own. This is not only plagiarism but also very stupid. This is because a judge
then tart questioning the person on the issues and as they merely quoted it claiming to be their
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own but fail to understand/comprehend it and so cannot explain detail then the judge can strike
out their entire material. Hence, do not just plagiarize material but do your own research and
ensure you can competently explain it all if you end up in a court.
This correspondence is not intended and neither must be perceived to address all issues.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
What therefore should be done is to alter the name of the Local Government Act to Municipal
and Shire Council Act.
* That makes sense to mea then you know it refer to the council.
**#** Also, you cannot have billions of dollars being syphoned away without any proper
control. All monies that are collected on behalf of the State must be deposited in the
Consolidated Revenue Funds.
Further we appear to have this waste recycling problem. Well municipal/shire councils have this
as one of their core responsibilities and to blame contractors I in my view totally unacceptable.
Clearly some 30 councils involved are spending huge amount of monies toward so to say
protecting the environment and yet are now allegedly dumping recyclable material in the
ordinary waste disposal facilities. If councils supposing after about 150 odd years are still
incompetent to manage waste disposal then what are we having councilors for? I get it councilors
no longer can direct council staff as the CEO on huge salaries now deal with that and well they
can mismanage and blame councilors for this, so it seem to me. Too many chief and no Indians is
the saying. Actually the same is with this fire danger issue. I cross-examined Mr Wayne Wall of
Buloke Shire Council and while he is the Law Enforcement Officer he admitted during cross-
examination he had no legal background as having studied to be a lawyer. He admitted that there
was a fire danger at areas under council control. Was abbout1.5 metres high at some points. And
didn’t seem to know that the Country Fire Authority Act authorized him to have this dangerous
area to be attended to! So pursuing to fine citizen about $1.600 for having just over 100mm
grass/weed but ignoring about 1.5metres high grass/weed. As such the Country Fire Authority
Act not to protect citizen from harm but is used as a tool to garnish properties where property
owners fail to pay the fines, etc. And let us not ignore the danger of using UNTREATED
WATER for growing crops, etc. So when children and their parents are sitting down for a
healthy cereal breakfast or sandwiches they slowly poison themselves due to the buildup of
poison in the UNTREATED WATER.
http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
MBLY&speech=23716&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=7&date2=M
ay&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
QUOTE
Mr ANDREWS (Mulgrave) - It is a pleasure to speak in support of the Safe Drinking Water Bill. This bill forms part of the
government's strategic approach to water management, with specific attention being paid to water quality and risk
management as matters of public health. It is worth noting that this is a debate about public health and about making sure
that each community across our state has access to the highest quality water. It is also worth noting that this bill has been
introduced by the Minister for Health as a matter of public health.
The bill has four specific objectives. Before going on to those I welcome the support shown by the Liberal and National
parties for this bill. Every endeavour has been made to try to provide as much information as possible.
END QUOTE
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here we had the now Premier of Victoria claiming all Victorian are entitled to safe Drinking
Water and yet in 2019 a large part of Victoria is still denied this. And anyone ignoring this is
not just ignoring the people living in those areas but also ignoring the health of themselves as
well as that of their children! Like asbestos isue that this went on and on being ignored by the
many. Well, ample of people suffered.
I complained about the water issue to Buloke Shire Council but Mr Wayne Wall the Law
Enforcement Officer to my knowledge did absolutely nothing about it. So, his law enforcement
appear to med to be where the shire can extract monies from citizen rather then what is legally to
be done in all circumstance.
It seem to me that any amendment regarding municipal/shire council should address such issue I
just referred to.
We should stop those so called education trips of councilors travelling the world at cost of
citizens when they cannot even manage their basic responsibilities such a rubbish collection and
disposal and ensuring safe drinking water is available to all part of Victoria instead of using
UNTREATED WATER.
* Do you expect the renaming of the Act and amendment to address the issue you outlined?
**#** If we have a competent Minister he will pursue the Parliament to provide for this.
We need to return to the organics and legal principles embed in of our federal constitution!
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
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