LOCAL GOVERNMENT ACT, 1989 (VIC) & LOCAL GOVERNMENT ACT, 2020 (VIC)
BOTH VOID AB INITIO
In 1988 our country had a national referendum and the question of constitutional recognition for councils was put before the people. The people voted a resounding NO to this proposition. What the people have denied the government cannot legislate.
Every state after that referendum created their own local government acts giving councils authority to create bylaws (not laws) to regulate, coerce and punitively punish ratepayers via these unconstitutional means.
Knowing these LGA’s (local government acts) were not constitutional our research into the LGA in Victoria has uncovered a surprising revelation. The LGA of 1989 was not lawfully constituted, thus, any rights bestowed to the councils is void ab initio (invalid from the beginning).
Our investigations have bolstered our suspicions that councils have no legal standing under our constitution, therefore rates, fees ,charges, fines, bylaws, overlays etc, have no power of authority over we the people of our shires.
Here is what we uncovered.
FEDERAL REFERENDUM 1988 – 3rd September 1988
Four Questions, None Passed, local government Vote 34% In Favour 66% against.
IT DID NOT PASS TO RECOGNISE COUNCIL into LOCAL GOVERNMENT!
The Question posed to the electors was ‘119A. Each State shall provide for the establishment and continuance of a system of local government, with local government bodies elected in accordance with the laws of the State and empowered to administer, and to make by-laws for, their respective areas in accordance with the laws of the State.
Australian Federal constitution Section 109: Inconsistency of laws According to Section 109, “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.”
Hence the states as per the Australia act 1986 section 5
(a) are subject to the Commonwealth of Australia Constitution Act and to the Constitution of the Commonwealth; and (b) do not operate so as to give any force or effect to a provision of an Act of the Parliament of a State that would repeal, amend or be repugnant to this Act, the Commonwealth of Australia Constitution Act, the Constitution of the Commonwealth or the Statute of Westminster 1931 as amended and in force from time to time .
In passing the local government act with the purpose of creating a third tier of government could not pass such legislation.
Issues: The 1989 Local Government Bill bill did not receive votes from the lower house to be moved to the upper house for discussion, and the bill was adjusted in the upper house but no votes before it was returned to the lower house, and then there were no further debates and votes in the lower house prior to being presented to the governor for ascent.
