Jess, further to our conversation today :
Richard Garnaut is the pastrol influence of the the Justice Group in
Cairns Nth Queensland he has been promoteing the common law tools within
the community for a long time with great results .
So now he has this web site to share the common law tools that have
their basis in the law of human consciousness as reflected in the LAW
of god that incorporated all writings and beliefs '
of all humans because of the homosapiens power to reason.
In all cultures the rule of is it fair is it reasonable within the rules
of that particular culture is and becomes their COMMON LAW.
Col
Please CHECK out this site. http://freedom3000.com/
You may have to read it a few times to get to understand it. Any
questions please contant Richard or myself.
IMPORTANT NOTICE TO ALL
It is imperitive you get a copy of a magazine called INVESTIGATE
February 2000
it will expand your mind and backs up what our group has been saying
through different words.
It covers what Richard has been saying about RIGHTS and how the common
law works and how we are being conned by those we believed would not
break the law.
Is it not discusting to have to look yourself in the mirror and admit to
yourself what a fool i've been all these years. The system has trained
the professionals to believe the bullshit and not question and keep us
in controll, it is only the RICH and POWERFUL that can offord the
mouthpieces that have woke up and sell their knowledge to the highest
bidder , thus showing them how to escape.
Didn't Kerry say someone has to pay the taxes.
THIS IS PETERS PART ANSWER TO APPLYING HIS 9 YEARS STUDY OF LAW AND NOW
HE IS ENROLLED AT UNI TO GET HIS TICKET TO PRACTICE.
THE INVESTIGATE MAGAZINE JUST LIT A LITTLE CANDLE ON THE SUBJECT. OUR
CONSTITUTION IS MODELED ON THE USA ONE EXCEPT FOR THE IMPERIAL ACTS THAT
PROTECT OUR RIGHTS THAT THE COURTS REFUSE TO UPHOLD. ( MAGNA CARTA,
BILL OF RIGHTS 1688 , ACT OF SETTLEMENT ETC)
THE USA HAD NO KING SO THE IMPERIAL ENACTMENTS WERE INCORPORATED
DIRECTLY INTO THEIR CONSTITUTION.
WE SAY EVEN IN AUSTRALIA THE PAYING OF PERSONALL INCOME TAX IS
CONSTITUTIONALLY INVALID.
NOW READ ON IF INTERESTED
COL
Bibliography and Footnote Exercise
HI 1290
Due date 20th March 2000.
Lecturerer; Jan Wegner
Student: Peter Alexander Gargan No 0014424203
Question: Would the advice in Machiavelli�s "The Prince" help you get
ahead in Politics or business today or is it useful only for the
Sixteenth Century?
_________________________________________________
Section 114 Constitution
114. A State shall not, without the consent of the Parliament of the
Commonwealth raise or maintain any naval or military force, or impose
any tax on property of any kind belonging to the Commonwealth, nor shall
the Commonwealth impose any tax on property of any kind belonging to a
State.
___________________________________________________________
Machiavelli was intimately concerned with the operations of Princes, but
ironically, was a republican, and was displaced in his beloved Venice by
the return of the de Medici princedom. �The Prince" was written with
the object of securing his return to public service.
This question is one of no small import to many individuals and members
of partnerships who reside in the State of Queensland and carry on
business or earn wages.
In 1980 the representatives of the individuals who agreed to create
both the State of Queensland and the Commonwealth decided to
corporatise the state of Queensland and enacted Section 9 into the Crown
Proceedings Act 1980.
In effect, this declares the reality of a "de facto" prince in the
person of the Premier, and the principles set out in "The Prince"
apply to the way the State of Queensland is governed today.
History, politics and law are inextricably woven into the fabric that
defines all societies.
Keeton in a treatise on jurisprudence at page 30 defines a state
thus; " Finally by a State is meant an association of human beings ,
whose numbers are at least considerable , united with the appearance
of permanence , for political ends, for the achievement of which certain
governmental institutions have been evolved."
Prior to corporatisation, which may or may not be constitutionally
valid, by reference to the Constitution Act 1867 (Q) Section 53 , the
State of Queensland consisted of the sum total of all its residents.
Those over the age of 18 were entitled to vote for members to represent
them in Parliament, which, by their consent given at the election, had
power, within the confines of both the Queensland Constitution and the
Commonwealth of Australia Constitution Act 1900 to make laws for the
peace order and good government of the State .
With that in mind, it is argued that Section 114 Commonwealth of
Australia Constitution Act 1900 acts as a brake upon the right of the
Commonwealth to tax property of any kind belonging to a State, or a
citizen of that state.
A principle outlined in Machiavelli�s work, that a "Prince" must form
alliances, to survive is applied by the "Prince" of Queensland, when the
Premier acquiesces, and continues to acquiesce to federal taxation by
the bigger, more powerful "Commonwealth Prince", of the citizens who
owe allegience to his State.
The word property, is of wide import. In Section 36 Acts Interpretation
Act 1954 (Q), "property" includes goods, chattels, money, valuable
securities, and every other matter or thing , whether real or personal,
upon or with respect to which any offence may be committed.
Roger Bird , describes property as that which is capable of ownership.
Wages is property, and so are profits.
The Commonwealth of Australia Constitution Act 1900, places a
restriction on the acquisition of property, by the Commonwealth from any
State or person for any purpose in respect of which the Parliament has
power to make laws by requiring just terms. "
The question is this: Is the taxation of income, an acquisition of
property?
It is the opinion of the writer that it is. If this opinion is valid,
it gives rise to the second question which must be answered in the
affirmative if the law relating to taxation, is a law the Parliament of
the Commonwealth has a power to enact. Is it just in peacetime. ?
Evidence abounds from the terms of the Income Tax Assessment Act 1936
itself that it is not just. Marginal tax rates where the burden falls
heavily upon overtime, are not just. Whether a law is just or not
depends upon tests laid down over the centuries by Courts.
Bouvier defines just thus: " This epithet is applied to that which
agrees with a given law which is the test of right and wrong." And "
It is
that which accords with the perfect rights of others." (authorities
omitted)
Keeton , defining law, on page 69, quotes Lord Wright as defining just,
thus: " justice is what appears just to the reasonable man" . Like a
can of worms this raises another question. What is a reasonable man.
A reasonable man is one ready to use or listen to reason. This
describes perfectly the political and historical institution we refer
to as a jury.
The raising of income taxes is more in the order of a fiat by a
prince, than a valid exercise of delegated power, by representatives of
each and every citizen in a democracy.
Keeton refers to Machiavelli as holding that it is unneccessary for a
ruler to keep faith with his subjects, and a prince is subject to no
restraints. At page 42 of his work, Keeton asserts that the real
importance of Machiavelli�s teaching is that he rejects restraint upon
a prince, " whether in the sphere of religion or in that of Natural
Law."
The so called, "Doctrine of Parliamentary Supremacy" is straight out
of Machiavelli, and gives to Parliament the supposed power of a Prince.
Keeton asserts on Page 264 that "the Positivist school of
International lawyers obviously derive from this school of thought."
Referring to Machiavelli and his works. The other school , has sought
to define law as what ought to be. The positivists are in the ascendancy
in Australia in this year 2000.
The chapter immediately following this one, in Keeton�s work, (page
267) deals with Constitutional Law, and in this regard, Machiavelli in
the "Prince" defines what must be sought to be avoided, in a
constitutional democracy.
As in "The Prince," this democracy has draconian powers granted to it
in time of war, for the defense of the nation, but upon cessation of
hostilities, those powers should not continue.
For that reason, both for politics and business, Machiavelli has a lot
to teach modern day society, even if only to alert us to what will
happen if complacency leads us to acquiescence in matters that are not
carried out within the framework of a Constitution.
It has been said that Section 80 Constitution is ineffective as a
safeguard of democracy.
It is this authors contention that the Parliament of the Commonwealth
foresaw the possibility that judges of the federal courts would usurp
the power of the common people, and start acting like the princes
described by Machiavelli.
To this end, they enacted Part III Crimes Act 1914 (CTH) and gave by
Section 13 of that Act, power to anyone to prosecute a judge on
indictment, when he exercises the judicial power of the Commonwealth
unjustly.
Lawyers, politicians and the captains of industry alike, would do well
to read "The Prince" for the lessons to be leaned are important
indeed. They are important not only to the elite, but to anyone who
would aspire to be a leader. That is Machiavelli�s legacy.
___________________________________________________________
BIBLIOGRAPHY:
Acts Interpretation Act 1954 (Q) Page 95 Vol I Queensland Statutes 1828
�1962. (1963) Butterworths. Brisbane.
Bouvier J. Bouvier Law Dictionary (1865) Childs and Peterson,
Philadelphia Pennsylvania.
Bird R. Osbornes Concise Law Dictionary, Seventh Edition. (1983) Sweet
and Maxwell London.
Commonwealth of Australia Constitution Act 1900 (63 and 64 VICTORIA
Chapter 12) AGPS Canberra.
Commonwealth Law Reports. (1944) Rich J. MINISTER OF STATE FOR THE
ARMY v. DALZIEL (1944) 68 CLR 26.
Crown Proceedings Act 1980. (1981) Queensland Statutes SR Hampson
Government Printer.
Carter, RF Criminal Law of Queensland Fourth Edition. (1974)
Butterworths Brisbane.
Crimes Act 1914 Reprint no 6 (1995) Commonwealth of Australia AGPS.
Coper, M. Encounters with the Australian Constitution (1987) CCH
Australia ltd Sydney.
Income Tax Assessment Act 1936 (Cth) AGPS.
Hawkins JM Editor. The Australian Oxford Mini Dictionary (1984)
Oxford University Press Melbourne
.Keeton G.W. The Elementary Principles of Jurisprudence (Second
Edition) Reprinted 1961 Sir Isaac Pitman and Sons London.
Saunders J B. Words and Phrases legally defined Third Edition
(1990) Butterworths London.
Seymour. J and ors editors. Queensland Statutes 1828-1962 (1962
Reprint) Butterworth and Co. Brisbane. Vol. 2.
Wynes W. A. Legislative, Executive and Judicial Powers in Australia
(1962) Third Edition. Law Book Company Sydney.
Footnote exercise. Use footnote feature on Word to number the footnotes.
Queensland Statutes 1828 �1962. (1963) Butterworths. Brisbane. Acts
Interpretation Act 1954 (Q) Vol I Page 95
Bouvier J Bouvier Law Dictionary. (1865) Childs and Peterson,
Philadelphia Pennsylvania. Page 697
Bird R Osbornes Concise Law Dictionary, Seventh Edition (1983),.. Sweet
and Maxwell London. Page 75
Commonwealth of Australia Constitution Act 1900 (63 and 64 VICTORIA
Chapter 12) AGPS Canberra. Page 4
Commonwealth Law Reports. (1944) Rich J. MINISTER OF STATE FOR THE
ARMY v. DALZIEL (1944) 68 CLR 26. Page 48
Crown Proceedings Act 1980. (1981) Queensland Statutes SR Hampson
Government Printer. Page 4
Carter, RF Criminal Law of Queensland Fourth Edition. (1974)
Butterworths Brisbane. Page 76
Crimes Act 1914 Reprint no 6 (1995) Commonwealth of Australia AGPS.
Page 52
Coper, M. Encounters with the Australian Constitution (1987) CCH
Australia ltd Sydney. Page 275
Income Tax Assessment Act 1936 (Cth) AGPS. Page 620
Hawkins JM Editor. The Australian Oxford Mini Dictionary (1984)
Oxford University Press Melbourne Page 58
.Keeton G.W. The Elementary Principles of Jurisprudence (Second
Edition) Reprinted 1961 Sir Isaac Pitman and Sons London. Page 451
Saunders J B. Words and Phrases legally defined Third Edition (4
Volumes) (1990) Butterworths London. Vol 4 Page 58.
Seymour. J and ors editors. Queensland Statutes 1828-1962 (1962
Reprint) 20 Volumes Butterworth and Co. Brisbane. Vol. 2. Page 58
Wynes W. A. Legislative, Executive and Judicial Powers in Australia
(1962) Third Edition. Law Book Company Sydney. Page 357
THE ENDNOTE NUMBERS DID NOT COPY ETC AND I DO NOT KNOW HOU TO FIX
???????
COL
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