WHO GAVE LOCAL GOVERNMENTS THEIR POWERS TO CHARGE
LAND RATES AND IMPOSE UNCONSTITUTIONAL LEVIES?

In regard to Council rates, I wish to make Australian landholders aware of the following facts.

1)        On September 3, 1988, a referendum was held.

Question (3)139A each State shall provide for the establishment and continuance of a system of local Governments, with Local Government bodies elected in accordance with the laws of the State and empowered to administer and to make bylaws for their respective areas in accordance with the laws of the State.

The referendum was not carried. It obtained a majority in no State, and an overall minority of 3,084,678 votes.

2)       In 1993 the Queensland Government passed the Local Government Act legislation despite the referendum results.

3)       Your Council has no Constitution, and relies totally on the Local Government Act for its legality.

4)     The Local Government Act legislation did not become law until it received Royal Assent from the then Governor of Queensland, Mary Leneen Ford.

5)       Mary Leneen Ford received her commission on July 29, 1992. The commission was given by the "Queen of Australia" under our sign manual and the public seal of Queensland.

 

6)     The High Court of Australia in the Sue-V-Hill case (June 1999) ruled Britain to be a foreign power.

7) The title "Queen of Australia" was created by the Royal Styles and Titles Act 1973, which can be a titular title only, as clause 2 of the Constitution states, "the provisions of this Act referring to the Queen shall extend to Her Majesty's heirs and successors in sovereignty of the United Kingdom." As clause 2 is within the first 8 covering clauses, it cannot be changed per article 128.

 

8) The British Foreign and Commonwealth Office, in a letter dated August 4, 2003, stated "The Queen, in her role as Head of State of the United Kingdom and as such advised by British Ministers, has no executive power exercisable within the Commonwealth of Australia."

 

9) For the Queen in clause 2 to appoint Governors General and Governors, she must use the Great Seal of the United Kingdom, and to use this and the Royal Prerogative, she must have an order from the Privy Council. The "Queen of Australia" had none of the above, and I believe has no valid authority to issue commissions.

10) The Chief Justice of the High Court, the Hon. Murray Gleeson, in his book "The Rule of Law and the Constitution" (ABC Books 2000) stated at page 6 "the sovereignty of our nation lies with the people, both as a matter of legal principle and as a matter of practical reality."

 

11) In the High Court of Justice Chancery Division London, Case No. CH/2004/APP/0447, the Hon. Mr. Justice Lightman said "As soon as Australia became independent, the 1900 Act ceased to have any effect as an exercise of sovereign power of the United Kingdom."

 

In conclusion, I believe it is not legally possible for the Parliament to change clause 2 of the Constitution and also remove sovereignty from the people and give it to the "Queen of Australia."

It would seem the only valid source of authority for Governors and Governors General would be from the sovereign people of Australia

 

 I would strongly urge all Australians to check out the aforementioned facts, and if the Local Government Act 1993 did not receive valid Royal Assent, then it will become quite apparent that Local Councils and Shires Australia-wide are operating with no legal authority.

 

Kind regards, Phil Tzavellas