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Addressing Speeding Fines PDF Print E-mail
Written by Grant Robb   
Monday, 31 May 2010 22:55

Addressing Speeding Fines...lawfully.

Under common law, you are innocent until proven guilty, right? Well, more and more people are questioning whether the automatic fines, fees and charges that are being dished out by the Roads and Traffic Authority and the police are in fact lawful or not. You may be surprised.

Obey the Law.

A fine is in effect both a financial debt and a punishment. Naturally any reasonable wo/man would want to know where, when, where, why and how the alleged debt was created, and why are they are now being punished before they are proven guilty of an offence against the life, liberty or property of another human, or whether they have been proven guilty of dishonouring any contract. You would also demand to know why you are being denied your right of "due process" of law and natural justice, right?

Well, in law under section 71 of the Australian Constitution (which supersedes all other Acts, statues and 'laws' - see below) only a court of competent jurisdiction may issue a fine after a wo/man has been convicted of an offence.  Also under section 76 and 78 of the "Evidence Act 1958 (Vic.)" the fine must be accompanied by a valid court order bearing a proper public seal AND accompanied by a supporting affidavit. (In law, and affidavit stands as truth).

Therefore no government department, council or police has a constitutional power to impose fines. Period. They can only make an accusation and allegation which they must prove in court!  If the Sheriff's office attempts to demand payment from you for a fine without a valid court order containing a proper public seal, supporting affidavit and warrant then they are engaging in illegal fraud, extortion and blackmail. 'Pay up or else.'

Additionally the Sheriff's Office of Victoria is a registered corporation with an ABN/ACN.  That makes it a corporate entity which is not recognized by the Commonwealth Constitution.  Therefore, demand they prove their authority or jurisdiction over you and show you a valid wet ink contract between them and you in which you actually agreed to pay the alleged unproven debt.

Further note that any alleged warrant based upon the "Infringements Courts Act 2006" must comply with section 71 of the Commonwealth Constitution, otherwise section 109 of the Commonwealth Constitution renders the Infringements Courts Act 2006 invalid and without any legal effect on a sovereign-subject.  Also the alleged "Infringements Courts Act 2006" must comply with the Commonwealth Constitution pursuant to section 15A of the Acts Interpretation Act 1901 (Commonwealth) which is does not do so presently.  Section 15A states:"Every Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth..."

Further, every natural man or woman has the right of due process and a fair trial pursuant to section 51-24 of the Australian Constitution which states:“No man can be legally bound by a judgement given behind his back and without his having had an opportunity of being heard.” This right is also stated in section 8 (12) of the “Imperial Acts Application Act 1980”as: "that all grants and promises of fines and forefitures of particular persons before conviction, are illegal and void." This is a core principal of natural justice.

If there are fines that your not sure about simply get black texter and cross your details out and simply put RTS - Return To Sender - motion denied. They work on  28 day cycle so use time as your ally, wait about 23 days and stick it back into the post.  Keep this going on as long as you like.  All they can do is re send it, they cannot increase the fine as this is highly illegal and you can take them to court.  The only way they can eventually get to you is to physically SERVE you the notice and that means you have to admit your name or acknowledge your name in full for them to serve it so if someone comes up to and you don't know who they are just ignore them.  In fact you can RTS anything you like and the more people doing this the better for everyone else in this country.

I hope this information helps anyone with fines.

With no affiliation on my part but support for their awareness raising efforts, more information about lawfully beating speeding fines is available on this web site: www.aussiespeedingfines.com

"You've been living in a dream world, Neo." from the movie, the Matrix.

Yours in awareness,

Warm regards,

Grant.

Last Updated on Thursday, 24 June 2010 21:45
 
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