Fines are Unlawful ?
Read the excerpts from the Imperial laws of England that are still in force in Australia and cannot be repealed without a referendum. It states that there are instances where fines are considered void and unlawful, when they are issued without a conviction (ie. court case, or trial by jury). Does this conflict with state legislation ? (Constitution Section 109 – Inconsistency of laws)
The legislation below simply states that no person cannot be fined or have their property taken from them without a court conviction. Also bear in mind that courts must comply with Chapter 3 of Australia’s Constitution. Note that the Infringements Court is not a constitutionally recognised court.
Imperial Acts Application Act 1980 – SECT 8
PART II TRANSCRIBED ENACTMENTS Transcribed enactments 8. Transcribed enactments [1688] I William and Mary Sess. II (Bill of Rights) c. II 12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void.
Legislation source: http://www.austlii.edu.au/au/legis/vic/consol_act/iaaa1980240/s8.html
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March 30th, 2011 at 11:37 am
Also note a court summons/writ must have the Monarch issuing it. If there is no emblem/letter-head etc, then you do not have to acknowledge it. It will probably result in default judgment but once you inform the Judge then a new course should be set.
If you inform the issuer of your expectations, then they may issue with a summons/writ proper and under common law umbrella.
June 3rd, 2011 at 7:09 pm
e8hffff is a cretin and no idea what they’re talking about. You’re all a bunch of nutters who are too stupid to get a law degree.
July 6th, 2011 at 10:59 am
In Queensland, we have the Local government Act; sect 9 which states that the council may do anything that is convenient for the good rule and local government in its local area.
This is a State law I think and I suppose the courts rest upon this…what say you?
July 6th, 2011 at 11:49 am
Further to my previous…..I am unable to find this quote in the link given.
Imperial Acts Application Act 1980 – SECT 8
PART II TRANSCRIBED ENACTMENTS
Transcribed enactments
8. Transcribed enactments
12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void.
I am sorry but unable to find the part that starts with “12.”
Please can you elucidate for my benefit?
Cheers, Ira Quirke
July 6th, 2011 at 12:25 pm
I’ve updated the reference, it’s 12. under [1688] I William and Mary Sess. II (Bill of Rights) c. II. If you press Ctrl+F you can search for “12.”, it’s the 3rd instance.
August 12th, 2011 at 10:06 am
You must be a lawyer. Only lawyers say things like that.
August 30th, 2011 at 10:21 pm
What is the best course to fight an outstanding parking fine when the sheriffs letter is threatening Potential non-renewal of vehicle registration.
They are threatening to direct vic roads to impose a sanction against my vehicle under section 114 of the infringements act 2006.
some info for this would be greatly appreciated and i am sure others are experiencing this thank you.
August 31st, 2011 at 11:39 am
Elect to go to court! If the court date has passed you will have got a default judgement by now.
If you are awaiting a court case, you write to the council demanding they tell you the Act (Full name)and section/subsection under which they are fining you. You need this information for your defense so they must assist. You will need to know when the Act was promulgated, in which Parliament and the date that it attained Royal Assent.
Ask them please to respond urgently as time is of the essence.
Highly likely that they will not go there….they will withdraw the fine. To discover all that in court leaves them open to having to pay back all fines under a precedent that proves the law is illegal. Local Councils/Sherrifs do not have recognition in Law so all by-laws are null and void unless made by State Govt.!
September 6th, 2011 at 3:31 pm
Brad if you have a parking fine from a local council you can prevent it from going to court by electing to have it heard in court!
Just send a registered letter to the council asking them, for purposes of your defense, the details of the Act under which they are attempting to prosecute you. What is the name of the Act? When was it promulgated? When did it attain Royal Assent? In which parliament was it read as a bill? Under what section, by section or clause does your infringement apply? All answers need to be in the form of an affidavit ‘please’ so that the document can be entered into the court as evidence. You will state that although this is not a court of record, if you need to go to appeal, these documents will have been recorded. finally, ask how they think that they will manage this as they have no powers in law and are unable to issue a summons, this being their only evidence in court, and it being of no value legally, how do they think that they are going to avoid your costs in this matter. No good luck required just some backbone……..cheers!
December 19th, 2011 at 9:31 pm
Hi, I attended your last night of the year and was relieved to find like minded people. I wanted to ask what the law is on ‘driving on a nature strip’, that is what i have been charged with and can only find laws relating to parking on a nature strip.
Do you know of any such laws & If not can I request from the charging officer the name of the act and relating causes?
Your help would be appreciated.
December 19th, 2011 at 9:52 pm
The ACT i was charged with is RR289(i) which I cant find anything on, is this a real act?
December 20th, 2011 at 4:18 pm
Hi Darren,
It is defined in the act, ROAD SAFETY ROAD RULES 2009, http://www.austlii.edu.au/au/legis/vic/consol_reg/rsrr2009208/s289.html
However it still conflicts with the Imperial Acts Application Act (fines without conviction being void).
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 109
Inconsistency of laws
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
January 25th, 2012 at 11:15 pm
Does western australia have this imperial act application act ,i can only see that it applies victoria and new south wales ??
March 25th, 2012 at 1:24 pm
Ira: Do we have to elect to go to court. Why can’t we simply write a Notice of Conditional Acceptance (of the fine notice) and Letter of Request for Information and ask the same questions?
March 25th, 2012 at 1:55 pm
Re council powers: As I understand it all local laws, or at least the power of local councils to make local laws, are enabled under state local government Acts. Some say this is a residuary power of state governments and therefore they do not require Constitutional validity. However others say because local govt was specifically not approved by the 1988 Constitutional referendum to recognise local govt, that it remains unconstitutional and therefore not a valid government.
March 28th, 2012 at 11:47 pm
common law , corpus delactay (i think its spelled like that) NO INJURY , NO HARM , NO LOSS, WHERE IS THE CRIME , ALL OUR CORPORATION LAW IS INVALID , IT SHOULD BE DROWNED FOREVER. people one judge system was abolished forever,WHAT ARE ALL THOSE JUDGES EVERYDAY DOING AT OUR COURTS,1641 WAS THE YEAR. NOW LETS HOLD THIS PEOPLE ACCOUNTABLE for unlawfull illegal and invalid system that they abuse us with
March 28th, 2012 at 11:58 pm
all JUDGES SHOULD HAVE AN OATH TO THE OFFICE you shoul insist that the judge you are in front of show you his/hers oath to office(it bis like a licence that they must have to be a judge,and dont forget 1641 one judge system abolished forever,all this goes for COUNCILS with their BY-LAWS behind closed doors is also in TREASON with our AUSTRALIAN CONSTITUTION.WE REALY NEED TO GET TOGETHER. REMEMBER ONE FINGER CAN LIFT ONLY SO MUCH BUT 5 FINGERS A HAND CAN DO SO SO SO MUCH MORE.
March 29th, 2012 at 12:17 am
13OF MARCH 2012 ,FEDERAL JUDGE MCGUIRE FOR THE SECOND TIME IN 12 MONTHS GOT UP AND WALKS OUT ON ME AFTER I INSISTED TO SEE HIS OATH TO OFFICE, HE DONT HAVE ONE SO THE BLUFF IS TO WALK OUT. NOT ONLY THAT TJHE MOST IMPORTANT LEGAL DOCUMENT THE AFFIDAVIT FOR THE FORTH TIME HE DID NOT READ IT, THIS IS HOW THEY ALL ABUSE OUR AUSTRALIAN CONST, THE MAGNA CARTA , IMPERIAL ACT ,HUMAN RIGHTS ,AND THEY ALL BELONG TO SECRET SOCIETY CALLED THE BAR BAR BAR ASSOCIATION,THEY HAVE SWORN TO THEM SO NOW YOU KNOW WHY THEY ARE GETTING RICHER AND STRONGER. ALL INVALID AND ILLEGAL. SHOULD BE HEALD ACCOUNTABLE.
March 29th, 2012 at 12:22 am
PEOPLE!!!!!!!!!!!!CORRECT ME WHERE I AM WRONG !!!!!!!!!!!!!!!!!BUT ARE THEY NOT PUBLIC SERVANTS !!!!!!!PUT BY THE PEOPLE !!!!!!!!!!!!!!!!!!!!!!!!!!!!FOR THE PEOLE!!!!!!!!!!!.
April 17th, 2012 at 10:26 pm
Some good advice here, has anyone tried what Ira Quirke suggests above? any feedback? Would be good to know before I begin to challenge a local council, or elect to go to court, not something I want to do unless it works.