COMMUNITY LAW RESOURCE GROUP
Web Sites: http://www.clrg.info/ http://www.community-law.info/
The purpose of the Community Law Resource Group is to teach us, ‘we the people’, how to tell ‘THEM’ that it is VOID and stand in a ‘POSITION OF SAFETY’ We have lost sight of our rights with the AUSTRALIA ACT 1986 which in effect puts our Constitutional rights ‘way out there so to speak’. Legislation is no longer tied to those fundamental rights any more. They now use a NEW FOUNDATION called the 1986 AUSTRALIA ACT which failed in a referendum and therefore void.
This in effect makes everything they do VOID as they cannot eliminate the English Law or the Australian Constitution so in effect it still stands. Making us a republic will basically take away our rights that have been hard won over a thousand years of struggle, blood and missing heads. It is vital that every Australian who is being ripped off by Camera fines for minimal km over the limit, or any sort of arbitry fine that is frivolous, unjust and not lawful, make a stand against these injustices.
GENERIC APPROACH TO THE COURT
Law can be a very complicated process. They have made it that way so that we the people generally need to hire a lawyer to act on our behalf and thus they can make lots of money.
In recent times our governments have found a massive revenue source by imposing fines for just about anything. The term ‘Summary’ was invented which is supposed to mean that it is not really serious as in ‘criminal’ where there is intent, a victim and complaint, but generally applies to some minor breach or regulation such as a speeding limit or regulation of standards such as driving a less than acceptable road worthy car. Quasi criminal is a term often used. In some cases such a breach may well be a risk of injury to members of the community and we all accept that we need rules, or definitions of acceptable standards for an ordered society and such standards are in fact demanded by the community.
However our so called leaders have to a greater extent, come to decide what is good for us, rather than seeking the ‘will of the people’ and using the correct process to bring in the appropriate measures. Now we have the situation where just about everything is regulated to the hilt with often crushing penalties imposed. Often such penalties are for extremely minor breaches and this is where we the people must make a stand against the revenue raising industry which is now to the tune of over 450 million dollars in Victoria per annum.
Indeed I wonder how many people have been killed through this process by stress. I personally find it very stressful and if I were an aged person with a weak heart I can well imagine it could just be too much to handle. If a person died from a heart attack, the stress generated from the fine for some trivial matter would not be acknowledged as the trigger I am sure.
I for one have a $700 fine for a missing rear mirror and a weather beaten, but safe trailer. Yes I would have paid $200 to buy my freedom as most people do, but $700 is way over the line. In reality maybe a $50 fine might be appropriate if made lawful, but not $700. This is crushing for anyone in the normal life stream. So what do we do about these matters when we have our day in court.
HOW TO PLEAD
When you elect to go to court you have three options at the mention hearing. If you choose GUILTY the matter will be heard on that day and you can bring in your personal situation, health issues, financial etc..
If you choose NOT GUILTY your matter will be adjourned and you will have been granted ‘your appeal’. If you have a matter that involved a police officer, you will have the opportunity to cross examine him. It is interesting to read his oath of office. It says something to the effect of ‘keeping the peace according to law’. He of course is only taught the parliament statutes and has no idea of the REAL LAW which is the CONSITUTION. Pulling up good folk at random on very minor matters and hitting them with huge crushing fines is not keeping the peace in my book.
However if you are like me, you would much prefer to avoid that and have the matter dealt with on the mention day and get it over with once and for all. There is another plea option and that is ‘NO PLEA’. It is here that we need to focus our attention very carefully. We need a strategy that will not hold us in contempt and add to the fines even more, so our approach and attitude and demeanor is of vital importance.
When you stand in court the matters will be read out to you and you will be asked ‘How say you, do you plead guilty or not guilty?’
Then the ball is in your court and you might say: Sir I do not wish to make a plea to this matter but wish to establish the jurisdiction of this court.
In fact you may even get a chance to get this in before the matter is put to you for a plea. Just be ready.
Now the contest of wit begins: It is all very will for those with a photographic memory who can instantly recall dozens of case references and find references instantly from a pile of books on the table, but for we, the ordinary sods dragged kicking into this theatre, it is very scary and intimidating and we can be easily thrown off our argument or quickly become extremely confused and then maybe wilt.
We then may be given an option to plead guilty and pay the fines without the added fees or some inducement which we fall for, to just to get the hell out of there. Been there done that. Just quoting the imperial acts ”all fines are illegal etc’ is like water on a ducks back so we need a bullet proof strategy to put the Magistrate and the prosecutor on the back foot very quickly and not get bogged down in legal argument that is out or our depth. So what do we really need to know to put up a reasonable fight against what we know in our hearts is very wrong, that is the question?.
A NO PLEA means we want to establish the jurisdiction of the court. The court is defined in the Constitution chapter 3, and thus we want the Magistrate to define his court.
The court needs to establish its jurisdiction to hear any matter regarding the conviction of a subject of Her Majesty according to Const s. 71 Judicial power of the courts created by the parliament invested with federal jurisdiction. Anything else is not valid.
The Prosecution needs to establish how it can go about bringing a charge against a subject of Her Majesty on Commonwealth roads using State laws and regulations that are inconsistent with Commonwealth laws.
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PROOF OF INTENT TO COMMIT AN ACT
***The Prosecution needs to establish mens rae on your behalf against the public good.
In other words where is your criminal intent?. Of course in summary matters, no INTENT is required. It is simply a breach of something that is defined by the state and therefore you must pay, so says the CORPORATE STATE.
The first thing you need to do is to understand WHO WE ARE. We are defined as SUBJECTS to Her Majesty and yes, she still in Queen of Australia. We are
SOVEREIGN SUBJECTS as defined in the Constitution.
The 1947 CITIZEN ACT is void as any alteration to the Constitution to replace the word ‘subject’ with the word ‘citizen’, must be done by referendum ( Sect128)
So we have now established that we are a sovereign Subject and now we can claim the protection of the Constitution as a flesh and blood Human Being rather than being dealt with as a CORPORATE ENTITY BY A COPRPORATE COURT.
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THREE VITAL BOOKS WE NEED TO HAVE ON HAND – Available from Information Victoria 505 Lt Collins St Melbourne Phone:1300 366 356
1- THE COMMONWEALTH CONSTITUTION and maybe the annotated notes on the Constitution QUICK AND GARREN,. You can down load that from the web if you want to get really serious. However in a court you need all original copies. Web downloads will not do.
2- 1901 ACTS INTEPRETATION ACT
3- JUDICURY ACT 1903
THESE THREE BOOKS ARE THE FOUNDATION LAW FOR AUSTRALIA All law/legislation, ACTS and punishable regulations in Australia, ( STATE AND FEDERAL) must not conflict with this law.
This book is also a must
IMPERIAL ACTS APPLICATION ACT 1980 – This is the English law, Magna Cata, enshrined into Victorian law. Inside the front cover it states that it can be used in a Court of Law in Victoria. It contains our favourite quote as to fines without conviction being void
OTHER SUGGESTED REFERENCE MATERIAL
-AUSTRALIA – THE CONCEALED COLONY – It HAS THE 1986 AUASTRALIA ACT
-1986 AUSTRALIA ACT
-VICTORIAN CONSTITUTION 1975
-TRADE PRACTICES ACT
SEPARATION OF POWERS
The constitution lays out the separation of powers and lays out government.
The Parliament makes the Bills and then they go to the State Governor or Governor General to be ENACTED on behalf of the Queen and become law.
Today’s Acts begin with the words ‘The Parliament of Victoria enacts as follows’ OR ‘The Governor in Council makes the following Regulations..’ and it is argued that the Victorian Parliament is acting as a sovereign in its own right but they say the Act has the Governor’s accent so it still has Royal Assent in their view. It has been changed in the name of plain English from ‘Be it enacted by the Queen’s Most Excellent majesty….” It is difficult for a lay person to really know where things stand and one reason why it is so easy to become confused.
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Four Cases to make the CONSTITUTION CLEAR TO YOU
FOUR CASES
To understand the Australian Constitution it is only necessary to read and understand four High Court Cases with a peek at a fifth.
CASE 1: is here: The King V Kidman which states that the six Justice streams from the King through the States became one only at federation in 1901. http://www.community-law.info/?page_id=495
Case 2:established the “Kable Principle” which states that states cannot then subdivide that Justice stream by local Legislation. http://www.community-law.info/?page_id=225
Case 3: Is the extract from the pape decision on the 7th July 2008, where the High Court confirmed S 15A Acts Interpretation Act 1901 ( Cth) automatically voids any law made contrary to the Australian Constitution. http://www.community-law.info/?page_id=203
Case 4: is Lane V Morrison which states that an Officer cannot be a court, and defines courts to include all Parliaments, and any gathering in the name of the sovereign, who in Australia is Her Majesty Elizabeth the Second. http://www.community-law.info/?page_id=503
If you read and understand these all the rest of the law becomes understandable and certain. The Fifth case is extracted in The Judicial Process and is a quote from Lionel Murphy in Metwally in 1984 shortly before his untimely death.
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THE ROYAL PREOGATIVE HALSBURY LAWS OF ENGLAND 3rd ED Vol 8
Constitutional Law
(3) The Crown in relation to the law
(i) The Crown is the source of all jurisdiction
943 – SOVERIGN as the source of all justice, by virtue of the prerogative the sovereign is the source and fountain of justice and all jurisdiction derives from her, hence in legal contemplation the sovereign’s majesty is deemed always to be present in court
( thus her picture should always be in the court and has been removed. Note on the county court Melb. they have used the tarot card symbol)
…..AND statutes confirmed the liberties of the subject, the Sovereign is bound to cause Law and Justice in Mercy to be administered in all judgments.
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It seems that the Parliament has attempted to remove our access to the Royal Prerogative but is void.
WHAT TO DO WHEN CONFRONTED WITH A DEMAND ie: Infringement notice
- Write and ask why you are referred to in CAPITAL letters so that you can establish the entities as defined in BLACKS LAW
Capitus Deminitteo – Name in capital letters takes you out of Common Law Jurisdiction and into Roman law
Common law – Innocent til proven Guilty – the Constitution
Roman Law - Need to prove your Innocence – Statutes
-You need to establish that you will take no responsibility for your corporate name in Capital Letters. DO NOT CENSENT Since they have corporatised virtually all of Australia including the STATES, Police forces, services and so on, The big con is that silence is inferred as consent. Unless you voice OBJECTION, consent is granted by you. Therefore it behoves each one of us to get involved in our democracy such as we have it. Letters and mandates do make a difference. At this time we see a trend to Islamisation and Sharia law. Do nothing and we are consenting. Is that what we want?
-ROVOKE their claim – the system does have a problem filing these matters and is generally filed under Revocation.
-Point out our OBLIGATIONS under the Constitution that applies to everyone and the inconsistencies in Law.
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Const s. 109 INCONSISTENCY OF LAWS: When the Law of a State is inconsistent with the Commonwealth, the later will prevail, and the former shall, to the extent of the inconsistency, be invalid. ie:VOID.
INCONSISTENT LAW is to be treated as void. AIA s 15
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-Usually they will ignore any letters of Law and eventually you will be summoned to court.
-In the summons it will be sited as a SUMARY offence siting a section of the
a-ROAD SAFETY ( Vehicles) REGULATIONS 2009
b-ROAD SAFETY (Rules ) REGULATIONS
c-LOCAL GOVERNMENT ACT 1989 etc.
Now you need to write up the reasons why the site quoted from any of these books is void. That is a big task and advised you study the July Lecture by Darryl O’Bryan from which these notes are taken and following lectures for more insights. This should be a working document as there will be plenty of room for improvement and expansion to assist all those who whish to make a stand for the Constitutional Law and assert their Freedom.
DVD’s available from www.clrg.info and www.nutech2000.com
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WHEN YOU GO TO COURT: Go early and meet with the Prosecutor and inform him that you are attending as a SUBJECT of HER MAJESTY and that you will ask the court to declare its Jurisdiction. Generally the Cop won’t have a clue what you are talking about. If a minor matter it may be dropped there if you are lucky.
POINTS TO CONSIDER:
The imperial acts cannot be repealed by any state but they choose to ignore them
CONSTITUTION ACT 1975 sect 3 Laws of England to be applied in the administration of justice. Therefore the Imperial acts are valid even by this act.
The Act was passed late at night illegally as anything to do with the Constitution, State or Federal must be passed by Referendum.
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1-ROAD RULES 1999
2-ROAD SAFETY (Vehicle) Regs 2009
3-LOCAL GOV ACT
Enacting words begin: ‘The Governor in Council makes the following Regulations…’:
The Enacting words should be: ‘Be it enacted by the Queen’s Most Excellent Majesty…’
To use anything else indicates a blurring of the separation of powers and not compliant with AIA ( Acts Interpretation Act) 1901 sect 15a.
-Every act shall be read and construed subject to the constitution…..
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-The AUSTRALIA ACT 1986 ( the new foundation for AUSTRALIAN LAW) has separated the CROWN and broken it up. The CROWN is indivisible and is for the COMMONWEALTH in total.
-The Act was signed by the Queen on the top right corner which means she has only witnessed it. She has NOT given it her Authority.
- 1984 Referendum failed: Question 2 referred to Interchange of Powers between State and Commonwealth.
- The people did NOT allow the Powers of the State to Equalise with the Commonwealth. The Parliaments have ignored this and passed the AUSTRALIA ACT 1986 in total contradiction to the wishes of the PEOPLE.
They are now DEEMING to be SOVEREIGN PARLIAMENTS
- A member of Parliament does not take his/her Sovereignty into the parliament as the Member. The Member is a Re-Presentative of the ELECTORATE and is obligated to implement the WILL of the ELECTORATE. Therefore any Bill that is not approved by the people must be brought into question. In Quick and Garren the PEOPLE are to regard any such legislation as ‘repugnant’ and have a duty to disobey it.
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Challenging the magistrates court Act 1989
Ask the Magistrate to ignore sect 100 ii of the 1989 Magistrates court act.
This defines the extent of his jurisdiction that he relies on.
-“The court does not have any jurisdiction in any cause of action with respect to or imposed on our personal body, by or under any Royal Prerogative or any statute… ”
Royal Prerogative is any thing to do with English law and the Commonwealth Constitution is a statute.
Here is a clear example of extreme mischief where it is saying the court is out side the laws of England and need have no regard to our Constitutional rights and is in total CONTRADICTION to our Constitutional rights. AIA 1901 sect 15
A clear admission that it is a STAR CHAMBER or an OFFICE OF THE PARLIAMENT. A clear breakdown in the SEPARATION OF POWERS. Star Chambers were forbidden in law in 1640
Sect 3 of the Supreme Court Procedure Act NSW 1900
- ‘IN ANY ACTION there must be CONSENT FROM BOTH PARTIES..’
SECT 118 allows this to apply to Victoria
Trade Practices ACT Sect 2b Cannot force fees by any government body that is now a shop’ ie: Corporitised entity.
VITAL – ESTABLISH THE JURISDICTION YOU ARE IN
It is fundamental that you establish that the arena you are in to argue with your neighbour COMPLIES WITH THE LAW otherwise they will railroad you on prima-facie evidence.
WARNING: If you are required to sign forms on the entry of the court, it is entering you into another jurisdiction ie the CORPORATE jurisdiction. Don’t sign unless you make it clear it is under duress. Note it to that effect. Use upper and lower case letters in writing your name as a flesh and blood human being under the Constitutional law.
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Const s 109 – INCONSISTANCY OF LAWS – …When the Law of a State is inconsistent with the Commonwealth, the later will prevail and to the extent of the inconsistency, be invalid.
Const s 106 – The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth…..
Const s 114 – States may not raise forces. Taxation of property of Commonwealth or State. - “A State shall not….raise….any tax on property of any kind belonging to the Commonwealth.….”
***This statement knocks out all Rates imposed by councils and Land tax claims.
The State Government or Federal Governments cannot change the Constitution except by the method laid out in Chapter 8 of the Constitution s 128. Lately we hear that we will have a referendum to include Local Councils. Wonder why?
Their claims are vexatious, frivolous and ill conceived.