Friday, September 4, 2015

Why the Infringements Court is not a valid Court – No Act


Most Constitutional lawyers, Justices of the Peace, Internet Detectives, Facebook Lawyers should know that Australian Courts are (read should be) set up via something called due process of law.

If they are not, then it’s not ‘lawful’ irrespective of its (the alleged court’s) existence.

During this process the court is set up with a document called an ‘Act’.



Let’s take for example a fair few well known courts.

Although technically not a court this place of business called VCAT (Victorian Civil and Administrative Tribunal) has an ‘Act’, which is called (surprisingly) the VCAAT Act 1998, where it can be referred to at:


So, the first step in the ‘Court Tree’ is the public forum called the Magistrate’s Court, where it too has an Act with the uninspirational name of the Magistrates’ Court Act 1989, in the example of Victoria, which can be viewed at:


The next step (in Victoria) is the County Court (for other states it’s the District Court) where this ‘court’ also has an Act, the County Court Act 1958 as shown in the link:


Section 2 of a court’s Act should be titled Commencement where it is stated when the Act comes into play, as in the example of the Magistrates’ Court Act 1989 – Sect 2:

MAGISTRATES' COURT ACT 1989 - SECT 2

Commencement
 
This Act comes into operation on a day or days to be proclaimed. 


where at this point you can refer to the appropriate government Gazette to view its proclamation.

So let’s start disassembling the ‘Clayton’s* Court’ (The court you have when you’re not having a court (CorpAu)), i.e. the ‘Infringement’s Court.

From the nomenclature used by the corporation conglomerate (commonly referred to as the government), an Infringement’s Court should have, by rights, the name of a document called the Infringement’s Court Act, with the year pertaining to its ‘legal’ setup.

Little doubt at this point in time internet sleuths would have searched in their favourite search engine for the ‘Infringement’s Court Act’ where one would have returned a result of:



well realistically not quite true, but one get’s the picture.

The closest result would be the Infringements Act 2006 residing at:


meaning there is no lawful proclamation of an ‘Infringement’s Court’ (from an Act's point of view).

Another point in law to note is the false advertising of the “Infringement’s Court”.

* - A colloquial term referring to a brand of non-alcoholic drink, where it was immortalised in Australian TV commercials by Jack Thompson using the catch phrase “The drink you have when you're not having a drink”.

This post is covering only the topic of Acts in reference to the Infringement's Court, but there are a few more topics to cover with reference to the so called 'court'.

Note: The actual validity of the Acts referred to in this post is put aside.

Thursday, September 3, 2015

Melton a new and illegal state within Victoria


WE would like to think that Australians should not struggle with geography when it comes to their own back yard, as many have been indoctrinated by the public school system, where the basics are taught.

Basics like how many states we have, you know; New South Wales, Queensland, South Australia, Tasmania and Western Australia.

The likes of how many territories we have which could be a bit tricky if one wants to include islands, but generally most people would be inclined to say the Australian Capital Territory, which geographically sits within the state of NSW, and the Northern Territory, which sits above S.A. One should also include the lesser known territory of Jervis Bay.



Whilst Wikipedia is not a current official law resource ‘book’, it can be quoted as stating that in Australia, there are six States, which is not untrue.

In Australia there is a department of the state called a municipal office, or city council as defined in the UK Act called Commonwealth of Australia Constitution Act [1900].

Over time these ‘city councils’ unlawfully became ‘businesses’ with ABN’s and trading names.

Currently according to government records, the in the example of SHIRE OF MELTON it is trading under the name of Cafe CommuniTea, where previously it was Summersault.


The current CEO (Chief Executive Officer) of the SHIRE OF MELTON is Mr. Kelvin Tori.

So where’s this Shire of Melton for the overseas viewers?

It's in the outer north west of Melbourne, as shown in red in the map of Victoria below.



 And a larger picture showing the boundaries of the old 'shire' and the new 'state'.



Very briefly, in order for a new state to be formed, it must follow dues process of law, where  a referendum is to be held.

This has not occurred, in this case.

So here is the document stating that the SHIRE OF MELTON is a state.



A transcript of the document is as follows:


FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION

No: (P) VID1167/2010

MELTON SHIRE COUNCIL
Applicant

COMMISSIONER OF TAXATION
Respondent

ORDER

JUDGE:                                Justice Gordon
DATE OF ORDER:              18 March 2011
WHERE MADE:                  Melbourne

THE COURT ORDERS BY CONSENT THAT:
1.      
 A declaration that the applicant is a ‘State’ for the purposes of s 114 of the Commonwealth Constitution.

2.       A declaration that, by reason of s 5 of the A New System (Goods and Services Tax Imposition-General) Act 1999 (Cth), no tax payable under GST law ( within the meaning of A New System (Goods and Services Tax) Act 1999) is imposed on the property of any kind belonging to the Applicant.


3.       The parties bear their own costs of the proceeding.

Date that entry is stamped: 18 March 2011.
Deputy District Registrar.

End of transcript.
  • Is there anything that these ‘crims’ will not get away with?
  • Is this newly created state for tax dodging purposes?
  • If one 'city council' got away with it, how many others will too? 

It is acknowledged that this document has been provided by a government researcher who wishes to remain anonymous, where permission was granted to post this on the 'internet', as this information was not available on the 'net.

Please note also that the court functions by consent.

We urge EVERY AUSTRALIAN to take a copy of this order and take it to their local M.P. for clarification.

Wednesday, September 2, 2015

7-Eleven: wage fraud cover-up from head office

Widespread wage abuse at 7-Eleven

Joint Fairfax / ABC Four Corners investigation reveals widespread wage abuse at 7-Eleven stores across Australia.
A massive cover-up of employee exploitation is being run out of 7-Eleven corporate headquarters, a joint investigation by Fairfax Media and Four Corners can reveal.

The 7-Eleven convenience store chain has stored thousands of extracts of on-the-record interviews with its franchisees on a central database over the past year, some revealing repeated findings of wage fraud and other illegal activity.

"Falsifying time sheets and rosters is illegal and considered fraud," a head office review of a franchisee in Strathmore, Melbourne says.

It was written on July 31 after 7-Eleven head office conducted a store review of 225 franchises across the country.
Falsifying time sheets and rosters is illegal and considered fraud.
7-Eleven review of Melbourne franchise
As revealed over the weekend, explosive internal documents show over July and August, 7-Eleven's head office conducted a payroll compliance review of 225 stores.

Illustration: Matt Golding.
Illustration: Matt Golding.

It found that a staggering 69 per cent of stores had payroll compliance issues, including falsification of records and rosters in one month alone.

An insider says it would be even higher if all the stores' rosters had been cross-checked against CCTV footage.

The database also shows head office has been reviewing and finding wage fraud at its stores for at least the last 12 months.

Head Office Responds

7-Eleven Australia was forced to respond to the allegations over the weekend, saying it was "extremely disappointed that a number of franchisees have chosen not to meet their obligations as employers".

smh.com.au 31Aug 2015

Slave labour, a corporate policy in Australia since 1788.
As usual no repercussion from the 'authorities' or sanctions against 7-Eleven.
As a result we do not purchase of recommend any products from 7-Eleven

Government official proposes new hiring laws by eliminating Australian workers

A cruise line executive has accused a government official of advising he soften the blow
A cruise line executive has accused a government official of advising he soften the blow to the company payroll from proposed new hiring laws by eliminating Australian workers. Picture: Ray Strange Source: News Corp Australia
 
TONY Abbott’s commitment to protect Australian jobs has been battered by a company’s claim it was advised by a Government official to sack local staff and hire cheaper foreigners. 

A cruise line executive has accused the official of advising he soften the blow to the company payroll from proposed new hiring laws by eliminating Australian workers.

North Star Cruises told a Senate inquiry the senior Department of Infrastructure and Regional Development bureaucrat suggested the company move operations to another country with cheaper wage rates.

The advice clashes with assurances from Prime Minister Tony Abbott the Government is protecting and growing employment as a priority, and feeds into Labor’s concerns the China Free Trade Agreement could give Australian jobs to Chinese workers.

At issue is the Shipping Legislation Amendment Bill, the Government proposal to allow foreign lines to deliver in Australia and then work on the domestic coastal runs for 183 without paying crews Australian rates.

The dispensation, aimed at reducing freight costs for business, has endangered Australian shipping companies which still have to pay by Australian standards.

The written submission by Bill Milby of North Star Cruises to the rural and regional affairs committee said he had approached department officials on May 20 to warn the law change would make his company uncompetitive.

Mr Milby said one official had advised him to “consider taking our ship True North off the Australian Shipping register, re-register the ship in a suitable foreign country, lay off our Australian crew and hire a cheaper foreign crew’’.
He said the advice was repeated at a June 16 meeting in Canberra.

The company had been able to grow from four Kimberley cruises in 1987 to 19 in 2014, increasing its permanent Australian workforce from three to 50.

“We have consistently asked that the legislation separate coastal passenger shipping from coastal cargo/freight shipping and apply specific legislation regulations to each,” said the North Star Cruises submission.

“However, unfortunately, the current Amendment Bill before Parliament still incorporates both (distinctly different) types of shipping, with both being identically covered by the same regulations.”

In a separate submission Peter Cadwalladere, chairman of the Australian-owned Intercontinental Shipping Group said the Government laws would make his company “completely uncompetitive”.

“The jobs, economic income and consumption expenditure and tax revenue of 40 people will be lost to Australia,” said Mr Cadwallader, a Liberal voter from Tony Abbott’s electorate.

“As a long-time member of the Liberal Party (nearly 50 years) I am aware that the focus of Coalition policy is jobs and growth.

“Both these objectives will be sacrificed by this bill in direct contradiction of Coalition policy.”

Shadow Transport Minister Anthony Albanese said today it was “disgraceful and unacceptable that the Australian Government, which should protect our national interest, is openly advising businesses to sack Australian workers”.

“This submission makes it clear that at senior government levels there is an acceptance that this legislation will eliminate the Australian shipping industry.

“This is unilateral economic disarmament.”

Regional Development Minister and Deputy Prime Minister Warren Truss has defended the proposed laws as a means of saving Australian businesses from fewer shipping options and higher costs.

The Government argues the volume of freight is expected to grow nationally by 80 per cent by 2030 but the boost in coastal shipping will only be 15 per cent.

This would disadvantage businesses relying on ships.

news.com.au 2 Sep 2015

This is a policy right across the board and not just in one industry.

Australia is an 'economic project', where Aussies are sacked from their positions, only for companies to re-hire migrant workers / 457 VISA holders and choose from a bevy of slave labour via newly imported 'refugees'.

Australian politicians destroying families by financial terrorism / sabotage.

Tuesday, September 1, 2015

The illegal Infringements Court of Victoria




In Victoria, motorists have been defrauded of their hard earned promissory notes (read cash) to the tune of approx $1,000,000 dollars per day (so far in 2015), via fines originating from a place of business called the ‘Infringements Court’.

Very very briefly,

  • The Infringements Court has not been setup lawfully.

  •  Apart from the bevy of staff, and their lawful appointments, in a court there is supposed to be a prosecutor, a defendant where your case is to be presented before a judge / magistrate.

  • You are also supposed to have the right to a ‘fair and impartial’ hearing, where you can cross examine evidence, etc and once a verdict has occurred you have the right to appeal it.

None of the above occurs in this so called ‘Infringements Court’.

The Victoria government guarantees very 'person' the due process of law, something which did not occur within the 'Infringement's Court' (previously the Perin Court).

In Melbourne, in the Broadmeadows Magistrates’ Court there will be a matter on Wed 2 September 2015 with regards to the illegal and unlawful ‘Infringement’s Court’.

We are also excluding the fact that any actions taken by Victoria’s (alleged) sheriff Brendan Facey, arising from warrants pertaining to the ‘Infringement’s Court’ are seen as unlawful.

This information has been posted on a public forum under the link:


We are posting this information on this blog, and emailing the corporate media to report on such a significant matter, where Victorian drivers are defrauded of approx. $1 million per day.

After all, we're for Victoria.

Watch this space for further developments.

The Herald Sun, Hume Leader and news.com.au have been invited to attend.