COMMUNITY LAW RESOURCES ASSOCIATION
IS LOCAL GOVERNMENT VALID?
- All Parliaments require authority from somewhere to make Laws.
- Where does the Victorian Parliament receive its authority from?
- Answer; the Victorian Constitution section 16 and the Commonwealth Constitution section 108.
- The Victorian Constitution is subject to the Commonwealth Constitution Section106.
- Local Government relies on the Local Government Act 1989 (Vic) for its existence.
- The Local Government Act 1989 (Vic) relies on section 74A of the Victorian Constitution for its existence.
- Municipal institutions and local government, is in the Commonwealth Constitution as a department of a State Government. (Pages 935 & 936 Annotated Constitution).
- The Parliament of Victoria in 1979 amended the Victorian Constitution to in include section 74A which inserts Local Government into the Victorian Constitution.
- Can the Parliament of Victoria amend the Commonwealth Constitution? NO. Only the people of the Commonwealth can do that by means of section 128 (referendum) of such Constitution.
- Can the Parliament of Victoria create any Laws that are inconsistent with the Commonwealth Constitution? NO. section 106 & 108 Commonwealth Constitution.
Some more Facts.
- Therefor Section 74A of the Victorian Constitution is unlawful and as a result so is the Local Government Act 1989 and consequently so is Local Government as a Government.
- Local Government can only be a Department of a State, and Departments of State Governments cannot govern us, cannot create Laws (Local Laws) and above all cannot Tax us (Rates).
- Given that Municipal institutions and local government, is in the Commonwealth Constitution as a department of a State Government and that in 1979 the Victorian Parliament altered its Constitution to include a 3rd or an essential tier of Government which has effetely altered or is at least repugnant with the Commonwealth Constitution.
Now the question for all Victorian State politicians.
In 1979 where did the Victorian Parliament get its authority from to alter or at least make laws that are repugnant with the Commonwealth Constitution?