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Tuesday, October 11, 2011

Letter To The Station: Validity of local Council

The following is a letter sent in by a listener.

It’s been a crazy couple of weeks here at ASF and we have been inundated with e-mails discussing the new push for recognition of local councils by the government. So, given that we have received so many e-mails on this one topic, virtually every day over the past few weeks, we are going to focus a large proportion of this week’s e-mail update on that topic.

- Introduction on local councils and why they have no power

Since we started our website, over 4 and a half years ago, we have been telling people that local councils are not recognized under the Constitution and therefore, they have no lawful right to issue parking fines and the like.

Now, the reality is, that pursuant to section 8, subsection 12 of the Imperial Acts Application Act, no-one has the authority to issue a “fine”, as such, until a matter has been heard in court and a person has been convicted. But, let’s just put that aside for a moment and focus on local councils. If you want to know more about that side of things, please read the middle part of Chapter 3 of our e-book, which you can get form our Membership’s page - - if you haven’t done so already.

As we have detailed on our website and in our e-book, there was a Referendum in 1974, and another one in 1988, that attempted to have local councils recognized under the Constitution and thus, give them lawful power/authority. However, both of these were thoroughly defeated and The Voice of The People was crystal clear – as per the Constitution, the People only wanted two levels of government – State and Federal. The fact that many people still miss today is that State government is local government. Local councils are not, and never have been, local government.

The fact that local councils have no lawful authority has been questioned many times so, to clear the matter up, a while back, we uploaded a letter from the Attorney General’s Office that confirmed this fact. You can download a copy of that letter for yourself via the following link -

In reply to this, many Members and Subscribers have written to us and asked us about the Local Government Act in their state – 1989 in Vic, 1993 in NSW and QLD, 1995 in WA etc. The first thing that you will notice about all of these so-called “Acts” – which have not been enacted in the name of the Queen’s Most Excellent Majesty, as they are required to be – is that they are all dated after the 1988 Referendum.

Now, this is significant for two reasons. Firstly, they were enacted contrary to the Will of the People, therefore rendering all of these so-called “Acts” null and void and of no legal force or effect. Secondly, it shows how utterly desperate the governments are to give power to local councils because they know they cannot continue to collect revenue – through parking fines, rates, dog registrations etc. – without it.

So, if you still doubt, for one second, that councils have any lawful power over you then please read the next section which not only details this further but shows you exactly what you need to do to ensure this doesn’t happen in the future!

- Your say about Constitutional recognition of local councils

Following on from our previous section, many people are aware that there is currently another very big push for the recognition of local councils at the moment.

Now, we certainly can’t take all the credit for this but we do know that the number of people successfully defeating parking fines based on the fact that local councils have no lawful authority to issue them in the first place, or bring these matters before a criminal court, has dramatically increased over the past 4 or so years.

The councils are now beginning to lose a lot of revenue as a result of ASF making this information public and showing people – through the use of our e-book – how they can apply this information, step-by-step, to defeat any and all such fines.

Therefore, the councils have now petitioned the government for another chance to have local councils recognized. The same power that defeated them previously, however, still remains – the power of The People.

And, with the current technology that is now available – that didn’t exist in 1974 and 1988 – it is even easier to have your voice heard and to make it clear to these councils that we do not want them recognized and we do not want them raping us of our hard earned money by way of rates bills, parking fines and the like.

So, if you haven’t yet done so, please go to the following site - - and take a minute or so to make your voice count by making it clear in your submission that you do not support this change to our Constitution. The suggestion that there should be yet another attempt to change our Constitution – just so these corporate councils can raise additional income through unjust and unlawful means – is absurd. We urge you to tell them this in your own words.

Finally, we trust this will put to bed, once and for all, all arguments and questions about the validity of local councils and their “authority”. Surely, no one would still suggest that they would go to all this trouble – to get Constitutional recognition - if they really did have the powers that they claim they do. And, hopefully, by getting this out to our 15,000+ Members and Subscribes, enough people will respond and make it clear that We, The People, will not give them the recognition that they seek and they will be forced to stop issuing these unlawful fines and requests for payment, by way of “rates notices” and the like, in the very near future.