Wednesday, April 2, 2014

TOLL CHARGES AND WHY THEY ARE UNLAWFUL

Long Winded but Factual!

Some of you may know me, l was the lady who pulled on all the transport blockades for the interstate transport industry, blockade 2000 at the Albury/Wodonga Border and the Nation Wide Shutdown in 2008.

As a representative of the transport industry l made it my business to know the laws they were throwing at us, in this post l will cover TOLL CHARGES and the FRAUD behind it!

Every time you fuel your vehicle you pay fuel excise of 38.4 cents per litre on every litre sold.

Fuel Excise is a TAX and is charged by the Federal Government to pay for building of roads, bridges and tunnels and the maintenance of such. Fuel Excise replaced the ROAD TAX in 1979 when it was abolished after The Razorback Blockades.

Each time l fuel my truck which tows a single trailer I am charged fuel excise in the amount of $55,000.00 per year for just one truck.

Every transport user pays fuel excise even if you are fuelling "off road vehicles like a boat".

Every time you pay registration and license charges part of those charges also go towards the building of roads, bridges and tunnels.

ALL ROADS, BRIDGES AND TUNNELS are therefore paid for by the Australian People and Australian People therefore own those roads, bridges and tunnel systems!

Some state governments when they got low on funds sold off infrastructure including toll roads, bridges and tunnels to mock investors that are in fact subsidiary companies of the state governments and the state government gave those companies the right to charge the people who already own that infrastructure toll charges!

However, they did not build other roads or bridges off those motorway's that would allow road user's to bypass those toll roads.

This in itself is unlawful as how does a government sell off infrastructure that is built in the middle of publicly owned infrastructure and not provide an alternative route for public transport and still have the sale of that infrastructure be a lawful contract?

In addition, those toll roads, bridges and tunnels no longer belong to the Australian Public or does it?
The new owners (Subsidiary companies of that state government) who originally owned that infrastructure are now charging us (the original owners; TOLLS for the use of our own infrastructure)

The reason the state government's set this up this way is because our constitution states that "once a TAX is placed on anything by the Federal Government, no other TAX can be charged by ANY other government department" State or otherwise, even if that tax is removed by the Federal Government!

Therefore, the only way the state governments could make more money out the present road system was by charging tolls under a fake subsidiary company, and the only way they could do that was to sell off the infrastructure to themselves under another name and then that company can charge us tolls or as l like to call it Another TAX!

I know this to be true as the government couldn't risk a private company buying infrastructure in the middle of Public Infrastructure and then

1. Not maintaining it
2. Altering it in some way that it would cause problems with the flow of traffic
3. Going bankrupt and closing it down for good (in effect making that entire motorway or infrastructure completely useless) and it would cripple that entire Road System for public use!

Can you imagine the dilemma?

In which case the government would then have to buy back that infrastructure in whatever condition it is in and at whatever obscene over inflated price that a private company would like to extort/sell it for!

For example: The Burnley Tunnel in Melbourne and The Clem 7 Tunnel in Brisbane; if these alleged private companies were to go broke and close down those tunnels; this would cause traffic jams that would take months to deal with; by forcing all that traffic onto already heavily congested road corridors and hence, which is why the alleged sale of this infrastructure is unlawful as the state governments have not provided exits on this infrastructure as a safety measure to this problem occurring and in not giving the public a choice of using those bridges, roadways, tunnels or not!

To add insult to injury, if you don't pay the toll charges, the government subsidiary companies then employ our own Police Force as debt collectors, in that they issue you with an infringement notice to pay the toll charges. If you don't pay the charges the traffic infringement courts then issue you with a NOTICE OF INTENTION TO ISSUE AN INFRINGEMENT WARRANT so your original $2.70 or in the case of a Semi $11.90 then has charges added to it such as

  • Infringement penalty $122
  • Penalty Reminder Notice Costs $22.60
  • Lodgement Fee $48.90
  • Enforcement Order Costs $26.30
As you can see from the above costs this has become a very lucrative business for our State Governments as nowhere on these NOTICE OF INTENTION TO ISSUE AN INFRINGEMENT WARRANT does it give you

1. The name of the alleged private company
2. And only makes reference to the alleged debtor as "THE RELEVANT CORPORATION"!
3. It is so lucrative a business that the State Governments have set up a Magistrates Court as an INFRINGEMENTS COURT just to deal with TOLL EVASION and Infringement Notices!

As a private business owner operator l cannot employ the State Police or State Magistrates Court to use as my personal debt collectors, in fact a judge would laugh in my face at taking someone to court who owed me $2.70.

This is also a fair indication that this whole setup by State Governments is a Farce and the biggest Fraud Scam that this country has ever seen; as they no longer try to hide these facts and The Australian Taxation Office will inform you that the Fuel Excise you pay is for the building and maintenance of all road systems throughout Australia.

This is not an issue that can be dealt with by a single person on a single infringement notice and needs to become a class action dealt with by a Constitutional Lawyer someone with the same calibre as Gerrit Schorel - HLVKA

MAY JUSTICE ALWAYS PREVAIL!

The other thing you need to be aware of is that there are
3 TAXES ON FUEL!
1. G.S.T (A TAX)
2. Fuel Excise (Another TAX)
3. World Parity Excise (Another TAX)

So on FUEL we pay A TAX on a TAX on a TAX!

All set up Unconstitutionally (TAX wise), (Property Boundary wise) etcetera; with the soul intention of to commit FRAUD against the Australian People by our very own trusting Government over the decades!
Until The People of this great country stand together on Constitutional Grounds to take the State Governments FRAUD REQUETEERING COMPANIES to a COMMONWEALTH HIGH COURT on this issue; then nothing will be done to stop it, and we The People will suffer in silence and just go on whinging about it!

I trust this information is enlightening and opens fellow Australian's eyes to just one UNCONSTITUTIONAL FARCE where our governments have robbed us of our rights!

This is only one reason why we must stick with our Annoted Commonwealth Constitution written by Quick & Garren and not allow our Government to make us a REPUBLIC, as to do so would throw away all our RIGHTS and allow the government to write our Republic Laws without consent from the Australian People!

United We Can and Will Make a Difference!

Yours truly
Lyn Bennetts

7 comments:

  1. I believe you are quite correct. However these corporations posing a legitimate government departments and I include parliament are arrogantly ignoring public concerns and treating the public as a bunch of unintelligent morons incapable of understanding the farce and the exploitation of the public as cash cows. However people are starting to ask questions but we need everyone to do it, e.g. A couple of years ago I issued the trading corporation posing as council to provide a signed copy of where it received its authority to sell off public assets and lands. Evidence was given that the 1975 Victorian Constitution was invalid as was the Local government Act 1989 which creates local government as a third tier of government. There are only two tiers of government State and Federal with local government being a department of the state. At best these trading corporation are little more than depots of the Department of Local Government without legal powers of governance, tax raising fines or to even establish itself as a real estate agency, property developers, and investors. Result! ignored the Mandate and the Chair of the Review Panel state the council needed to get legal advice. Agreed, with the proviso that it should be a constitutional Lawyer. In the Mandate it was asked to show where it had authority to keep the revenue generated from the sale of assets, etc. and or to use it without it approval from the Allocations Committee of parliament. There were a few other questions but I won't cover them again but the council was also asked to convene another public meeting to advise the public of the outcome of the "legal" advice. Has not happened to date and instead the Chairman/councillor went to the next council meeting and put forward a resolution to continue the sale of public assets and then published a letter in the local media reiterating it got its authority from a document called the 1975 Vic constitution and the local government Act 1989, knowing full well this was incorrect. I contacted the local media and asked for the facts to be published and they refused, hence I have been using the internet to pass on the information.

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  2. Thank you John for your interest in the blog and most importantly your response to the article.

    The validity of law in Australia aside, by their (invalid) laws, there is no valid law in the state of Victoria, and the (Victorian) constitution of 1975 is unlawful as you have mentioned, as with many other Acts that are in place, including BUT not limited to the Road Safety Act 1986, Sheriff's Act 2009, Infringements Act 2006, Court Security Act 1980, Victoria Police Act 2013.

    The people in government and the people masquerading as sheriff's, magistrates', judges are acting criminally.

    NOTE:
    As of 2013 Victoria Police has been unlawfully made a corporation by the Victorian parliament.

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  3. Thank you for this outline of the financing of transport in Australia.
    I am currently running a campaign to have all toll companies in Brisbane erect pricing of their tolls at all the entrances to their facilities, as require by law (ACC Act 2010) and am currently in contact with the ACCC's Deputy Chairman about this. I have a facebook page called Toll Cos Show Me The Money which describes the campaign in full.
    If public transport infrastructure is to succeed under the privatisation model, it should do so transparently in accordance with Commonwealth Law, not through coersion or stealth.
    As I understand it, privatization includes the 'selling' of public assest to private interests, and in the case of bridges, tunnels and roads, those private interests can include the State Govt itself, city councils and private investors. Is that correct according to your research?
    I'm sure you appreciate that the taxes you describe above probably do not cover the full cost of the infrastructure they're intended for given the population growth pressures the government and business community advocate that require ever more and bigger projects. Also, every government being in debt, also has considerable interests payments to meet (another of their follies).

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  4. One question I have to ask is in relation to speeding fines:

    Number 1. If the roads are alegedly privately owned, would it not be up to the company that "owns" said roa, as to what is an acceptable speed limit? I refer specifically to Melbourne's eastlink, the then Premier, Jeff Kennett, specifically stated the road was to be a 140kph hwy. Thus reducing times for outlying suburban drivers commuting to the CBD. When Bracks got in, that was "banned" as an unacceptable speed limit within Victoria. If not a Government company, how the hell did either premier get any say at all in what the speed limit should be?

    Number 2. Police regularly use the toll roads and fine speeding drivers, I have no specific issue with people being fined for unlawful behavior, but who dictates the law on a private road?? If i owned a large property and built a small race track on it, I could charge people admission for use of the road, set an advisable limit, and ban people who break those rules from using my peivately owned facility. Note, I would still have to pay taxes and GST on any revenue from said race track, but I could not ask police to monitor and fine rule breakers. If I could, would I get the revenue less a fee to the police for their services? I think not. So the police fines (including those from the 2 fixed cameras) are they legally fining drivers? Are the fines and associated revenue going to the state, or eastlink, the road owner?

    And lastly, number 3. The police and emergency vehicles that cruise up and down the toll road, does the state pay their tolls, or do they travel free? If the state doesn't pay, then there is very little wriggle room for an argument of abuse of power and corruption... wait, corrupt political parties? Now that would never happen...

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  5. We have a major issue with TOLL related fines - all in Victoria. We have been sent initially toll notices, then infringement notices, now we are up to Sheriff notices. All these fines relate to heavy vehicle tolls as there was no quicker alternative. We have since liquidated our truck company (1 truck my husband drove), paid a huge amount to a liquidator in Sydney and Civic Compliance won't recognise that Federal law trumps State law and hence we are still being sent warrants from the Sheriff's. What can we do as my husband also took a very large amount of the toll's in his own name which he is paying off at a set $$ amount per month that will take about 10 years to pay off...

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  6. Do you contact people via e-mail or phone to discuss the above matter more confidentially? Regards Maryanne

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  7. Hi Maryanne,

    Let's get stuck right into it.

    First and foremost, Victoria's so called 'sheriff' Brendan Facey is NOT in office lawfully. he is supposed to be an officer of the Supreme Court of Victoria, but he also holds another title - the Director of IMES (Infringement Management Enforcement Services, which is another unlawful act.

    The so called powers where he gets his 'authority' come from the Sheriff Act 2009, which is NOT a lawfully enacted Act.

    Also the 'fines' that are generated from or by the 'Infringements Court' are done so ILLEGALLY.

    You (as well as ALL other Victorians) have been denied 'justice' or rather the due process of law, as guaranteed by the government, when it comes to a 'fine' from the 'Infringements Court'.

    It would be a good idea to write to the 'Sheriff's Office Victoria' (which now has a new logo - not the Supreme Court's but rather the Magistrates' Court), whereas previously (earlier in 2015)it was called 'Sheriff's Office' (meaning TWO different business entities) to obtain the so called 'warrants'.

    From what we are aware there is no lawful warrant generated arising from fines from the 'Infringements Court'.

    Hope this helps.

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