Larry Hannigan’s Australia
THE VALIDITY OF LOCAL COUNCIL BY-LAWS
On 3/9/1988 a referendum with the following context (provided by the AEC) was put to the Australian people. It was (3) Constitution Alteration (Local Government) 1988. The legislative proposal was,
"119A. Each State shall provide for the establishment & continuance of a system of local government, with local government bodies elected in accordance with the laws of the State & empowered to administer, and to make bylaws, for their respective areas in accordance with the laws of the State."
Why was it necessary to ask this question in the first place?
Because the Constitution did not and still does not recognise Local Government. Even the Attorney General agrees with this fact...
From: Attorney General –
The Hon Robert McClelland MP
08 July 2010
Dear Mr Thompson,
I refer to your letter received on 10 June 2010 regarding the 1988 Referendum.
In 1988, four proposals to amend the Constitution were put to voters in accordance with section 128 of the Constitution. One of those proposals sought to give constitutional recognition to local government but the proposal was not carried.
The Constitution does not currently recognize local government. Any change to the Constitution to recognize local government would need to be approved by voters at a referendum. The Government will continue to explore reform, including constitutional recognition, to facilitate cooperation with local government.
Yours sincerely
Robert McClelland
Parliament House, Canberra ACT 2600
Telephone (02) 6277 7300
Fax (02) 6273 4102
www.ag.gov.au
The Hon Robert McClelland MP
08 July 2010
Dear Mr Thompson,
I refer to your letter received on 10 June 2010 regarding the 1988 Referendum.
In 1988, four proposals to amend the Constitution were put to voters in accordance with section 128 of the Constitution. One of those proposals sought to give constitutional recognition to local government but the proposal was not carried.
The Constitution does not currently recognize local government. Any change to the Constitution to recognize local government would need to be approved by voters at a referendum. The Government will continue to explore reform, including constitutional recognition, to facilitate cooperation with local government.
Yours sincerely
Robert McClelland
Parliament House, Canberra ACT 2600
Telephone (02) 6277 7300
Fax (02) 6273 4102
www.ag.gov.au
Since the Constitution is the basis of our laws and it does not recognise "local government", it means that no local council anywhere in Australia has legal standing! It logically follows that they operate outside the law!!!
What the law does not allow is considered criminal. It is that simple.
The result of that Referendum was that over 87% of the people of Australia and the states of WA, SA, Vic, Tas, NSW, and QLD voted "NO". It is clear that no "system of local government" may be lawfully "established or continued" within the Commonwealth of Australia, or within any of the various states.
The Constitutional decision made by the people in 1988 implied, "All councils now operate with no Head of Power. A Head of Power is the authority to act. No state can legislate to dignify councils with a Head of Power. No council officer is now indemnified from prosecution or from any private form of litigation and no council laws or by laws can be used lawfully against any citizen."
So the very next year, the Hawke Government introduced the "Local Government Act of 1989", in criminal contempt of the Australian people, the Constitution and the result of the Referendum!
It is obvious that Councils have no legal standing under our constitution, they can only be legalised by the people at a referendum, to which they have already said no.
There must be an end to: unwarranted search, seizure of property without a court hearing, interference in our right to Work, blackmail, extortion, political persecution, interference on freehold land, unfair rating of property, excessive rates, over-
THE WHOLE SYSTEM IS RUNNING ON A GIGANTIC BLUFF!!
Item 01: Local Government Act 1993 is Worthless
Item 02: The Validity of Local Council By-
Item 03: Council Land Resumptions
Item 04: Council Rates/Taxes are Illegal -
Council Rates/Taxes
are Illegal -
Item 05: Have You Received a Summons?
Item 06: Councils and the Constitution
