Council fines invalid??

[Viper]

Was having a chat to a mate about how another mate got given a fine by our council for parking on a footpath while 4 others around him didn't ... anyway he comes back to me with apparently its not even a valid ticket according to aussie speeding fines.

so here is the article ... any lawyers (armchair or real) care to comment?

- Introduction on local councils and why they have no power
- Your say about Constitutional recognition of local councils
- 32 new speed cameras for Vic despite 33 being turned off in NSW
- Increased speed limits to further improve road safety
- Latest Testimonials
- Facebook group, bumper stickers and business cards
- Introduction on local councils and why they have no power
Since we started our website, over 4 and a half years ago, we have been telling people that local councils are not recognized under the Constitution and therefore, they have no lawful right to issue parking fines and the like.
Now, the reality is, that pursuant to section 8, subsection 12 of the Imperial Acts Application Act, no-one has the authority to issue a “fine”, as such, until a matter has been heard in court and a person has been convicted. But, let’s just put that aside for a moment and focus on local councils. If you want to know more about that side of things, please read the middle part of Chapter 3 of our e-book, which you can get form our Membership’s page - http://www.aussiespeedingfines.com/pages/Memberships.html - if you haven’t done so already.
As we have detailed on our website and in our e-book, there was a Referendum in 1974, and another one in 1988, that attempted to have local councils recognized under the Constitution and thus, give them lawful power/authority. However, both of these were thoroughly defeated and The Voice of The People was crystal clear – as per the Constitution, the People only wanted two levels of government – State and Federal. The fact that many people still miss today is that State government is local government. Local councils are not, and never have been, local government.
The fact that local councils have no lawful authority has been questioned many times so, to clear the matter up, a while back, we uploaded a letter from the Attorney General’s Office that confirmed this fact. You can download a copy of that letter for yourself via the following link - http://www.aussiespeedingfines.com/attachments/3/Attorney%20General%201988%20referendum%20letter%20 K%20T.JPG
In reply to this, many Members and Subscribers have written to us and asked us about the Local Government Act in their state – 1989 in Vic, 1993 in NSW and QLD, 1995 in WA etc. The first thing that you will notice about all of these so-called “Acts” – which have not been enacted in the name of the Queen’s Most Excellent Majesty, as they are required to be – is that they are all dated after the 1988 Referendum.
Now, this is significant for two reasons. Firstly, they were enacted contrary to the Will of the People, therefore rendering all of these so-called “Acts” null and void and of no legal force or effect. Secondly, it shows how utterly desperate the governments are to give power to local councils because they know they cannot continue to collect revenue – through parking fines, rates, dog registrations etc. – without it.
So, if you still doubt, for one second, that councils have any lawful power over you then please read the next section which not only details this further but shows you exactly what you need to do to ensure this doesn’t happen in the future!
- Your say about Constitutional recognition of local councils
Following on from our previous section, many people are aware that there is currently another very big push for the recognition of local councils at the moment.
Now, we certainly can’t take all the credit for this but we do know that the number of people successfully defeating parking fines based on the fact that local councils have no lawful authority to issue them in the first place, or bring these matters before a criminal court, has dramatically increased over the past 4 or so years.
The councils are now beginning to lose a lot of revenue as a result of ASF making this information public and showing people – through the use of our e-book – how they can apply this information, step-by-step, to defeat any and all such fines.
Therefore, the councils have now petitioned the government for another chance to have local councils recognized. The same power that defeated them previously, however, still remains – the power of The People.
And, with the current technology that is now available – that didn’t exist in 1974 and 1988 – it is even easier to have your voice heard and to make it clear to these councils that we do not want them recognized and we do not want them raping us of our hard earned money by way of rates bills, parking fines and the like.
So, if you haven’t yet done so, please go to the following site - http://www.localgovrecognition.gov.au/content/make-submission - and take a minute or so to make your voice count by making it clear in your submission that you do not support this change to our Constitution. The suggestion that there should be yet another attempt to change our Constitution – just so these corporate councils can raise additional income through unjust and unlawful means – is absurd. We urge you to tell them this in your own words.
Finally, we trust this will put to bed, once and for all, all arguments and questions about the validity of local councils and their “authority”. Surely, no one would still suggest that they would go to all this trouble – to get Constitutional recognition - if they really did have the powers that they claim they do. And, hopefully, by getting this out to our 15,000+ Members and Subscribes, enough people will respond and make it clear that We, The People, will not give them the recognition that they seek and they will be forced to stop issuing these unlawful fines and requests for payment, by way of “rates notices” and the like, in the very near future.
- 32 new speed cameras for Vic despite 38 being turned off in NSW
Unfortunately, despite the information above, it’s not all good news this week. And, once again, it seems as though the poor residents of Victoria are being hit the hardest. As we recently reported, the Auditor General in NSW ordered that 38 of the state’s 141 speed cameras be turned off because it was shown that they “did little to improve safety”. However, in the infinite “wisdom” of Victoria’s counterpart, no such order was made and, instead, 32 new speed cameras are being turned on.
Can someone please explain to us how one third of the cameras in NSW were proven to be ineffective yet magically, in Victoria - the same state that Senior Constable Pittman just proved, in a court of law, that fixed speed cameras can and do give false readings - 32 new cameras are now being switched on!
You can read the full outrageous article for yourself here - http://www.heraldsun.com.au/news/more-news/government-objections-to-speed-and-red-light-cameras-gone-in-a-flash/story-fn7x8me2-1226157567986 We trust that you will all notice the following glaring issued with this report:
Firstly, and we have said this 1000 times before, how exactly is the government able to say that “Speeding motorists will contribute $5 million to state coffers in the next year” if, as they claim, speed cameras are an effective deterrent, save lives and cause motorists to slow down. If this really was the case then drivers would be contributing next to nothing, wouldn’t they?
And secondly, how do they justify the statement that “releasing the location of every mobile speed camera will make the roads less safe” when “Last year, October was the worst month for road deaths” and camera locations were not reported then???
We will simply have to keep referring people to our Vision for the Future page - http://www.aussiespeedingfines.com/pages/Vision-for-the-Future.html - which shows that speed is only a factor in 5% of accidents, as well as to our on-line petition page - http://www.aussiespeedingfines.com/pages/Petition-To-Remove-Cameras.html - which shows that these cameras actually cause many more accidents than they prevent until such time as people finally get the message and the media stops spouting this garbage.
- Increased speed limits to further improve road safety
Again, following on from our previous story, all we need to do is look outside our shores to see what other countries are doing to truly improve road safety.
As we have previously reported, many speed cameras were turned off in the UK – where they were already painted bright yellow anyway – and the road toll actually dropped. Now, they are looking at raising the speed limit on motorways slightly because they know that driving an extra 10 miles an hour is not going to make driving more dangerous and will actually stop people falling asleep at the wheel from boredom – which is actually the biggest cause of single car fatalities in this country!
You can see the full article here - http://www.evo.co.uk/news/evonews/273385/new_80mph_motorway_speed_limit.html
- Latest Testimonials
We know this e-mail is getting a bit long so just a short and sweet testimonial this week:
Hi guys,
Just I want to tell you the fine against my son and his ute with the Red light story has now, after an inordinate length of time, been finally withdrawn.
Phew!
Eventually they started corresponding with him overseas, but then he had to change address several times there and he thinks that also had something to do with it. Plus he made a huge amount of calls esp to SPERS asking why had they said it would be withdrawn when he'd elected it to be heard in court and then re-instate it? Etc
I was so stressed out with it, so it's a big relief.

Thanks guys.
Please remember that there are plenty more like that on our Testimonial’s pages - http://www.aussiespeedingfines.com/pages/Testimonials.html - and many of you will note that our old page has now grown to three full pages and continues to grow because we regularly receive stories of success, just like this, from our Members.
- Facebook group, bumper stickers and business cards
So, what can you do to help us get our invaluable, licence saving information into the hands of every motorist before they get a fine?
First and foremost, if you’re not yet a Member or you know someone who isn’t then please go to our Memberships page - http://www.aussiespeedingfines.com/pages/Memberships.html - and join up now.
Then, if you would really like to help us spread the word and get our invaluable, licence saving information into the hands of every motorist in the country, then please be sure to visit and join our Facebook group - http://www.facebook.com/home.php#!/group.php?gid=19117918208 – and then, if you really want to help make a difference, just e-mail us your postal address and we will send you out some business cards and/or bumper stickers – completely free of charge – that you can then hand out.
As always, we thank you all for your continued support and we appreciate all the Members who have taken the time to e-mail us with the latest media article they come across as well as their stories of their success so please, keep them coming!
Stay safe out there,

The Team at Aussie Speeding Fines
www.aussiespeedingfines.com

Aussie Speeding Fines

P.O. Box 7322
Beaumaris, Vic.
3193
AU

[AndyS]

"Members and Subscribers have written to us and asked us about the Local Government Act in their state – 1989 in Vic, 1993 in NSW and QLD, 1995 in WA etc. The first thing that you will notice about all of these so-called “Acts” – which have not been enacted in the name of the Queen’s Most Excellent Majesty, as they are required to be – is that they are all dated after the 1988 Referendum.
Now, this is significant for two reasons. Firstly, they were enacted contrary to the Will of the People, therefore rendering all of these so-called “Acts” null and void and of no legal force or effect. Secondly, it shows how utterly desperate the governments are to give power to local councils because they know they cannot continue to collect revenue ".
Interesting that the conclusion is drawn so clearly, when the 1995 Local Government Act in WA actually replaced the 1960 Local Government Act. The Acts themselves create local government under the powers of the State Government, who exist under the constitution. So the basis of the argument is crap.

Constitutional recognition was sought so that the people at a local level could decide how they wanted their council to run, not the State Government.
The classic example is the Shire of Peppermint Grove, smallest in the country, only 1 square kilometer. But the residents want it to stay, they want the right to pay for the services that they want, delivered the way they want. That is the principal of democracy and the user pays principle. But the State Government will shortly wipe the Shire of Peppermint Grove from the map as part of the local government reform agenda.
For who's benefit, the local community want it to stay, referendums have shown that the community overwhelmingly wants their local identity, but alas, the State Government does not agree.

Constitutional recognition of local government is most objectionable to State Government, and they object to local government having any 'existence'. This is not because local government is bad, but because in most other developed countries, the layer of government that doesn't exist is State Government.
The ANU commissioned a study around 15 years ago that concluded if local governments were to become larger (like elsewhere in the world), and take over key responsibilities such as Police, Fire, Public Housing, Health etc, the national savings would be in the range of $40billion per year.

Wouldn't this be enough to fix up the Police system, Health system and Education system.

[fincl]

The WA Constitution provides for local government

[Captain Starfish]

WA constiwhatnow?

Viper - some members here have sent the standard form letter and have caught the right person on the right day, and gotten away with it.

Many, many people have tried the aussiespeedingfines approach and been raped in return.

[emrys74]

he also gos on to say that no speeding fine is legal either and you;ll find most of what is said there to be bullshit.
after getting a rather nasty fine and subsequently searching for a way to defeat it i stumbled across this and other than some entertaining ideas and some good points of view it was mostly rubbish he quotes the constitution and after referencing it lots of it was misquoted and then used out of context.
but have a go you might get away with it.

[Viper]

I suspect most of it is shit but thought it may generate some good discussion

[Mazimbwe]

Many, many people have tried the aussiespeedingfines approach and been raped in return.

This...I have a copy of the book & CD I'm happy to sell it to you, pm me if interested.


On my HTC Aria using Tapatalk

[Scoundrel]

Interesting that the conclusion is drawn so clearly, when the 1995 Local Government Act in WA actually replaced the 1960 Local Government Act. The Acts themselves create local government under the powers of the State Government, who exist under the constitution. So the basis of the argument is crap.

This.

The argument comes up from time to time and is rehashed by various bush/armchair lawyers who think they know stuff about local government's powers. Usually, the argument is used to try and avoid paying Council rates. The most recent case law example from the Supreme Court Glew -v- Shire of Greenough which points out the flaws of the argument in a pretty concise way and debunks any of the 'theories' that relate to the outcome of the 1988 referendum on the subject of constitutional recognition.

There is a new push by the Australian Local Government Association to obtain constitutional recognition for local government, and I would say this will go to a referendum next year. This is veiled as a move to be able to obtain funding from the Commonwealth directly without having to go through the State, however I suspect an underlying reason behind it is that old bugbear of local government associations around the country - and that is, curtaining the State's ability to intervene when Councils turn rotten.

[AndyS]

, I suspect an underlying reason behind it is that old bugbear of local government associations around the country - and that is, curtaining the State's ability to intervene when Councils turn rotten.

I'n not sure how you make such a conclusion given that Local Government in WA had been lobbying the State Government for many years to introduce conduct legislation. The WA local government association has (on several occasions) asked the State to intervene where situations are clearly beyind repair in a council. The Local Government Managers Association has lobbied for at least a decade for more stringent regulations to control conflicst of interest, inappropriate conduct and electoral misconduct.

Local Government doesn't fear State intervention in situations where councils turn rotten, what they despise is being subject to a set of criteria and measurements that the State will not subject themselves to.
After all, levels of government take from the public purse - why should one level be more accountable than another.