Comments on: Fines are Unlawful

By: John doe

John doe — Wed, 25 Jan 2012 12:15:58 +0000

Does western australia have this imperial act application act ,i can only see that it applies victoria and new south wales ??

By: CLRG

CLRG — Tue, 20 Dec 2011 05:18:19 +0000

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.

By: Darren

Darren — Mon, 19 Dec 2011 10:52:20 +0000

The ACT i was charged with is RR289(i) which I cant find anything on, is this a real act?

By: Darren

Darren — Mon, 19 Dec 2011 10:31:20 +0000

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.

By: Ira Quirke

Ira Quirke — Tue, 06 Sep 2011 04:31:22 +0000

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!

By: Ira Quirke

Ira Quirke — Wed, 31 Aug 2011 00:39:20 +0000

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.!

By: Brad

Brad — Tue, 30 Aug 2011 11:21:34 +0000

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.

By: CLRG

CLRG — Thu, 11 Aug 2011 23:06:15 +0000

You must be a lawyer. Only lawyers say things like that.

By: CLRG

CLRG — Wed, 06 Jul 2011 01:25:49 +0000

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.

By: Ira Quirke

Ira Quirke — Wed, 06 Jul 2011 00:49:43 +0000

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