This was on another list and I am forwarding it for interest sake.
Trudy
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LETTER TO AUSTRALIAN TAX OFFICE ON
GST
The Deputy Commissioner of Taxation:
Dear Sir,
I am in receipt of your demand that I comply with your requirement that
I enter into a binding contract with you, with respect to a
recent Bill voted on in our federal parliament, purporting to create a
Goods and Services Tax.
As a free citizen of a nation unconquered in war, and with its founding
Constitution perfectly intact, I would naturally expect you,
as my lawfully designated servant, to fully demonstrate to me that such
a demand is consistent with your delegated authority from
the united Australian people through their Queen, as provided for under
the Australian Constitutional Contract (i.e. Australian
Constitution). As a free citizen, and a loyal subject of the Crown, I
have an obligation to require you, as a public servant, to furnish
me with the following evidence of your delegated authority to act in
this matter, together with convincing evidence that the contract
that you offer to me is of a lawful nature. In brief:
1> I naturally require certified photocopies of all documents
required to fully document your authority to act in this matter,
each signed by a person lawfully authorised to grant you such
authority from the united Australian people and in accord with
the Australian Constitutional Contract.
2> I obviously require certified evidence that the Parliamentary
Bill (for the GST), upon which you rely for your present
actions, was created in full accordance with the Australian
Constitutional Contract which fully regulates your activities.
3> I certainly require a certified photocopy of the authorisation
of this Bill as an Act of Parliament by a Governor General
lawfully appointed under our Constitutional Contract, one who has
valid Letters Patent and has demonstrated his knowledge
of our laws and that he means to abide by them (as required by
Magna Carta 1215 Section 45).
4> I assuredly require certified evidence that the contract which
you demand that I sign with respect to the GST is in full
accordance with the terms of British / Australian Common Law
In case these requirements in brief are not clear enough, I will now
expand upon them, requirement by requirement, so that you
need not respond in ignorance.
1/ I require certified photocopies of all documents required to fully
document your authority to act in this matter, each signed by a
person lawfully authorised to grant you such authority under the
Australian Constitutional Contract.
I must see conclusive evidence that you have lawful authority to act in
this matter, authority delegated to you by the united
Australian people through their Queen, in full accordance with the
Australian Constitutional Contract between the people and
their lawfully appointed monarch. This involves a paper trail (surely
available in any duly acredited "quality assurance"
organisation), showing that:
A/ You were duly authorised (in writing) to act in this matter of the
GST by a properly chosen and lawfully appointed Minister of
the Crown, as provided for in the Australian Constitutional Contract.
B/ That the Minister of the Crown who authorised you to act was himself
lawfully chosen and appointed by a lawfully chosen and
appointed Governor General who was in turn authorised to give that
Ministerial authority by a lawfully created Act of Parliament.
Please supply a certified photocopy of the duly signed documentation
appointing and authorising the Minister of the Crown to act
on this matter.
C/ That the Governor General was lawfully chosen and appointed by the
Monarch by means of duly acredited Letters Patent,
granting him delegated authority to act in this matter. Please supply a
certified photocopy of his authorisation (ie his Letters
Patent).
D/ That the Monarch who chose and appointed the Governor General did so
in full accordance with her Constitutional Contract
with the united Australian people, and has acted in full accord with her
contract (eg has not appointed a Governor General who
either does not know our laws, or does not mean to keep them (as
required by Magna Carta 1215 Section 45)).
2/ I require certified evidence that the Parliamentary Bill (for the
GST), upon which you rely to provide the legal basis for your
current actions, was created in full accordance with the Australian
Constitutional Contract.
I must see complete evidence that the Bill upon which authority that you
claim to act was passed in full conformity with the
Australian Constitutional Contract. This involves a paper trail (surely
available in a duly acredited "quality assurance"
organisation), showing that:
A/ There was a full quorum of lawfully sitting members voting at the
passing of the Bill for the GST in both houses of parliament.
(I require certified evidence of the numbers in both houses of
parliament who voted for and against this Bill, their full names, and,
for each one, their constitutional legal status that gave them authority
to vote on this matter (see below))
B/ That each person contributing to the quorum had been properly sworn
in, either by a lawfully appointed Governor General, or
by a person duly appointed by that lawfully appointed Governor General.
(ie I require a certified photocopy of the duly signed
Letters Patent for the Governor General in question. If the members of
parliament were not sworn in by the Governor-General
himself, I also require a photocopy of a duly signed authorisation by
him for another person to swear in the members of
parliament who voted for the Bill. I also require certified evidence
that the Governor General who approved the appointment of
these members of parliament both knew the laws of the land and meant to
keep them, as required by Magna Carta 1215 Section
45)
C/ That each and every person contributing to the quorum was not
disbarred, for any reason whatsoever, from holding his or her
parliamentary seat. For example
(i) Had not committed perjury when making his / her oath/
affirmation of loyalty to the Queen (eg he/she would have
committed perjury if he/she had argued a republican cause; or
had previously acted in any way in breach of the
Australian Constitutional Contract.)
(ii) Was not disbarred from Parliament because of dual
citizenship
(iii) Was not disbarred from Parliament because of allegiance
to a foreign power (eg the Socialist International, the
Freemasons , the International Financiers, the United Nations,
The Fabians, The Royal Institute of International
Affairs, The Institute of Pacific Relations, etc)
(iv) Was not disbarred from Parliament because of being
tainted with treason (eg had not participated in any activity in
contravention of the Australian Constitutional Contract such
as permitting an unconstitutional Prime Minister to exist
in defiance of their responsibility under section 47 of the
Australian Constitutional Contract to disbar such a
Constitutionally disqualified person from Parliament)
(v) Was not disbarred under Section 45 (iii) of the Australian
Constitutional Contract by "directly or indirectly taking or
agreeing to take any fee or honorarium for services rendered
to the Commonwealth, or for services rendered in the
Parliament to any person or State". (eg had not accepted
electoral allowances, stamp allowance, election allowance,
electoral contributions by members of the public etc)
D/ That the Bill for the GST is in conformity with both the Australian
Constitutional Contract and British/Australian Common
Law. I particularly require a simple and plausible explanation of why a
Bill imposing a tax on both goods and services is not in
total conflict with Section 55 of the Australian Constitutional Contract
which specifies that valid laws on taxation must deal with
one subject of taxation only. Any reasonable person would conclude that
a Bill for taxes on both goods and on services, is
imposing two quite separate types of taxes in the one bill. I also
naturally require a simple and plausible explanation of why you, as
a bailiff, are not in breach of section 45 of the Magna Carta 1215, if
you try to enforce a Bill that clearly defies the Australian
Constitutional Contract. Under such circumstances, the King can not have
appointed you, and you have no lawful authority to act
on this matter.
E/ That the Governor General who approved this Bill as an Act of
Parliament was lawfully appointed by the Monarch with duly
acredited Letters Patent, granting him delegated authority to act in
this manner. Please supply a certified photocopy of this
authorisation (ie his Letters Patent as supplied and signed by the
Queen).
F/ That the Monarch who appointed and retained the Governor General did
so in full accordance with her Constitutional Contract
with the Australian people, and has not acted in breach of her own
contract by retaining him (eg he seemingly contravened Section
55 by signing the GST Bill as just one instance in many).
3/ I require a certified photocopy of the authorisation of this Bill as
an Act of Parliament by a Governor General, lawfully
appointed under our Constitutional Contract, who has furthermore
demonstrated his knowledge of our laws and who means to
abide by them (as required by Magna Carta 1215 Section 45).
I am sure that you are aware that, for a Governor General to have lawful
authority to act in this matter under our Australian
Constitutional Contract, he must be duly appointed and authorised in
writing by the Monarch to act on her behalf in Australia.
The Governor General�s authority from the Queen is transmitted by means
of Letters Patent, signed by Her Majesty herself.
I obviously require a duly certified photocopy of this document, signed
by her Majesty, and appointing this particular Governor
General, , and specifying the limits to the Royal Power that she has
delegated to this particular Governor General to act on Her
behalf in Australia.
I draw your attention to a booklet called "Australia�s Constitution"
that is issued by the Attormey General�s Department through
the Australian Government Publishing Service. The "overview" given in
this booklet indicates that the Governor General is
currently appointed by a "Prime Minister" whose office does not even
appear in the Australian Constitutional Contract. Even if it
had, no Minister of the Crown can have authority over a viceroy, and
still less over a monarch and remain within the terms of the
Australian Constitutional Contract.
Perhaps this unconstitutional activity by Australian politicians,
judges, and bureaucrats, is why no valid Letters Patent exist for any
Governor General or state Governor, ever since 1900? Without the
authority granted by those Letters Patent, in Australia no lawful
Parliament can be formed, no lawful legislation can be passed by
Parliament or approved by a viceroy, no judge may lawfully be
appointed, and no government bureaucrat can be lawfully appointed.
All officers of the Crown are empowered to act, only by means of the
delegated authority that we, the united Australian people,
lent to the monarch whom we chose. According to section 45 of the Magna
Charta 1215AD, one of the contracts that binds our
Monarch, the King says: "We will appoint as justices, constables,
sheriffs, or bailiffs only such as know the law of the realm and
mean to observe it well."
Since it is also a well established maxim of British Common Law that
"The King can do no wrong", if any officer of the Crown
acts contrary to the law of the land, (as most if not all can now be
proven to have so acted) then, by long established Law, the King
could not have lawfully appointed that officer of the Crown. So that
officer�s rulings are not legally valid, and that officer must
return to the public purse all moneys that he may have received from it,
plus appropriate interest. That officer�s actions in such
matters can literally be taken to be forbidden by the still valid
Treason Act 1351 and to be subject to the significant penalties
prescribed therein.
4/ I require certified evidence that the contract that you demand that I
sign with respect to the GST is in full accordance with
British/Australian Common Law
I would draw your attention to THE REQUIREMENTS FOR A VALID CONTRACT as
given in "Australian Mercantile Law" -
Yorston and Fortesque. This text book is typical of its type and defines
the essentials of a valid contract in the following terms.
A valid contract is an agreement made between two or more parties,
whereby legal rights and obligations are created which the
law will enforce.
In order that rights may be acquired and obligations incurred under a
contract certain "essential elements" must be present or else
the contemplated contract will be invalid. The essential elements are:
1/ The intention of the parties to create a legal relationship
2/ An offer by one party and its acceptance by the other
3/ Valuable consideration or execution under seal or (in some instances)
valuable consideration plus some written record
4/ Legal capacity of the parties to act
5/ A genuine consent by the parties
6/ Legality of the objects of the agreement
I quite naturally require an answer to the following concerns about the
lawful nature of your GST contract that you seek to impose
upon me.
(i) If you demand a contract and I do not want one, in what
way does that meet the need for both parties to have an
"intent to form a legal relationship"?
(ii) If you have made the offer and I have no wish to accept
it, how does that meet the second requirement for a legally
enforceable contract?
(iii) What valuable consideration would I receive if I agreed
to your contract that you demand that I sign? I can see
none! I can see that you wish me to UNLAWFULLY take from
others their lawfully acquired assets (ie commit theft),
and that you demand my slave labour (ie free of charge) to
keep accounts for your planned theft of the assets of my
fellow Australians. How can such a contract be valid under the
third requirement for a legally binding contract?
(iv) It is necessary for both parties to a contract to have a
legal capacity to act. As an adult of sound mind, I certainly
would be lawfully entitled to enter into such a contract as
you demand, if I were rash enough, but from whence comes
your lawful authority to act. Please show me a fully
documented paper trail, as described previously, showing that the
legislation that you are implementing is lawful, and that you
have been lawfully granted authority by the united people
of Australia, through the monarch, to represent the will of
the united people of Australia on this matter. No such
authority exists!
(v) A legally enforceable contract requires a genuine consent
by both parties. The only way I would consent is in answer
to unopposable force, and such consent is not a genuine
consent, making the contract legally unenforceable.
(vi) There must be legality of the objects of any agreed
contract. The objects of this contract are based on a law which
contravenes the Australian Constitutional Contract, was not
voted upon by a quorum of parliamentarians who were
lawfully holding their seats, being disbarred on a number of
grounds. It was not approved and signed by a Governor
General appointed with genuine Letters Patent signed by the
Queen. It seeks to force me to commit theft in depriving my
fellow Australians of their assets (for your exclusive
benefit) and to force me into slave labour to keep records of these
thefts for you, while giving me absolutely nothing of value in
return. Perhaps you could explain how the objects of this
contract are lawful?
Since your proposed contract is legally unenforceable if it fails to
meet any single one of the six separate requirements specified by
law, and it in fact fails to meet all six requirements, perhaps you, as
a servant of the people, could explain to me why I should
make myself a party to what appears to be a criminal conspiracy to
subvert the lawful government of Australia, as described in the
Australian Constitutional Contract?
Perhaps you, as a servant of the people, would also care to explain why
you yourself have engaged in what has all the appearances
of such a conspiracy, especially given the sanctions traditionally
imposed by law upon persons engaging in such enterprises (see
Treason Act 1351)?
Yours faithfully
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