[ Australian govt ] [ Australian constitution ] [ United People Power ] [ Tyranny of government ] [ Trial by jury ] [ Port Arthur massacre ] [ Gunlaws ] [ Harold Holt ] [ One Nation ] [ PM's powers ] [ Save Australia Alliance ] [ Hilton bombing ] [ CEC ] [ Taxation ] [ Bracket creep ] [ Foreign debt ] [ Jean-Paul Turcaud ] [ Andrew Wilke ] [ Rangeview ] [ Fortress Australia ] [ Omega ]
We're witnessing the end stage of a centuries old push towards a
global totalitarian state, but people such as the UPP
Australia, the APFN
Network in the USA, the Canadian Action Party, IAHF and allied pro vitamin
access, libertarian groups worldwide are sharing information to
expose and counter this agenda to "harmonize" the laws world wide to
suit the greed driven genocidal actions of the ruling elite, the UN and the
multinational corporations that control the UN.
Please see the recommended reading section at http://www.iahf.com/
and especially take notice of the last book listed: MASS CONTROL Engineering
Human Consciousness by Jim Keith which I strongly encourage people world wide to
It has been shown that the Australian
constitution is invalid.
But where to next?
The two options.
(1) A takeover by the UN as suggested by the
Institute of Taxation Research (ITR), thus fulfilling the desire of a
hidden elite for world domination with all countries subject to UN rule. ITR base their information on factual evidence, in the most part identical to
that of UPP, but the ITR solution is the direct opposite to that of UPP.
(2) Australian runs its own affairs, the right of a free
and sovereign nation, a view supported by the United
People Power (UPP) . ITR have invited the UN to take control of Australia, whereas UPP invite the
Australian people to take control of Australia via a fresh Constitution.
time to familiarise yourself with the issues.
I Joseph Richard Bryant attended a public meeting held at the Burwood RSL
Club on Sunday 8 October 2000.
The meeting was called by The
Institute of Taxation Research (ITR) and was addressed by a Mr John
Lamont (M.D.) an Mr Wayne Levick (lawyer).
The speakers announced that:
The ITR and its co-organisation The Institution for Constitutional Education
and Research has invited the United Nations into Australia to:
* Establish an interim military government in Australia.
* Install an interim Constitution filed with the UN by the ITR.
* Abolish the existing Federal, State and Local governments.
* Abolish all foundation and existing law.
* To give Australia a totally new start.
* That copies of the interim constitution filed with the UN are not available.
* That the speakers had not seen the interim constitution.
* That this was to be the last ITR public meeting due to the fact that they
would be completely tied up with UN procedures from this point of time.
* That they expect the UN to take control within weeks.
* Two books of papers said to be the UN application were on display.
* On sale a book containing the papers as filed with the UN (not including the
filed constitution) to bring about the above actions.
This is the first time I have been made aware of the proposal. I spoke
against it at the meeting. The proposal is an act of treason of the highest
Joseph Richard Bryant. 418 Roper Road St Marys NSW 2760. Ph: 02-9826-1337.
A letter was faxed to the UN on the 11 October requesting confirmation or
denial of the first 9 points of the above public notice, no reply received to
ITR are attracting a support based on avoiding taxation and using this
support and the funds it generates to bring about a UN take over of Australia.
ITR base their information on factual evidence, in the most part identical to
that of UPP, but the ITR solution is the direct opposite to that of UPP.
ITR have invited the UN to take control of Australia, whereas UPP invite the
Australian people to take control of Australia via a fresh Constitution.
THIS IS AN IMPORTANT DOCUMENT.
Please make yourself familiar with the content and keep handy for quick
reference at all times. You will be looking for this document in the near
* To involve the interests of all Australians in our Constitutional situation.
* To put in place a fresh Commonwealth of Australia Constitution via a
referendum of all citizens who choose to vote at the referendum.
* The fresh Constitution is based on our inherited Constitutional Law including
the system established by the 1901 Constitution.
* This fresh Constitution shall be drafted by the people, as opposed to an elite
group consisting mainly of legally trained politicians. The objective is to
re-establish what has been lost by the way of checks and balance in our
governmental system, and
* To undeniably establish in the fresh Constitution the immutable principle
whereby the people are sovereign and hold all political power, some only of
which they delegate to others via the fresh Constitution, and
* To include in the fresh Constitution a method whereby all government officials
swear allegiance to the Australian people and the constitution under sufferance
* Include a responsible method by which the people can propose amendments to the
Constitution and amend it by referendum, and
* Include a responsible method whereby the people can readily without personal
expense enforce the Constitutional rules, and
* Include a responsible method by which the people can over-ride the parliament
via referendum, to initiate an action or to veto an action or to recall any
employee of government from duty, and
* To make, parliament, ministers and all other government positions responsible
to the people for their actions
* To properly and responsibly limit the power of government and in so doing
guarantee the peoples fundamental rights.
All this we undertake to accomplish with the help of active citizens.
Joe Bryant for United People Power Inc and the Alternative Three (A3)
For further information please contact United People Power Inc.
PO Box 270 St Marys NSW 2760. PH: 02-9826-1337 FX: 02-9826-1670
Constitutional position today
A chronology of events that had major effects on our
Where is Australia Constitutionally?
What are our alternatives?
Where to from here?
This paper lists items researched by United People Power leading to the
introduction of the "Alternative Three" project.
Australia's progress from Constitutional Monarchy to "undefined
republic", and on to a UN-controlled unconstitutional never-never land.
You are invited to check the information contained herein, and to fill in any
UPP will continue it's research. The research so far, has produced irrefutable
proof that Australia is in a state of immense constitutional danger, as is the
freedom and economic wellbeing of its people.
The following schedule of events is evidence that Australia has entered a
constitutional never-never land. As a result a complete constitutional review is
essential and a matter of great urgency. A review that must be carried out by
the people and not by the establishment.
1897 to 1997, one hundred years of events that have influenced Australia.
How it was - The Monarch, The Crown, The Privy Council, Common Law - The Laws of
England, six colonies under the Crown - Australia, subjects of and with
allegiance to the Monarch -- Six States -- The Constitution - Federation -
Independence - Republic - ????.
What is today: A centralist Government in Canberra implementing the UN's orders.
A government fully prepared to keep all in the dark and trap them at every
This paper sets out dates of events that lead to the never-never that Australia
faces as we approach the turn of the new millennium. Certain logical and legal
outcomes flow from the events listed.
THE TIME HAS ARRIVED for the people to re-assess Australia's position, and to
decide on positive action is needed to address the unconstitutional position we
have got ourselves into.
1896 To-date the most effective steps taken towards bringing
Australia to a federation with a Constitution when the Federal Constitutional
Convention Bathurst in November 1896.
|| Federal Constitutional Conventions held in Adelaide and
|| Federal Convention held in Melbourne. Constitutional
referendum held. Constitution not approved (receiving only 48% of the votes
cast), 422,788* is equal to 12.8% of the 3.3 million population of the six
Colonies-cum-States. *(Includes 'plural voting' where the elite establishment of
men had as many six votes each)
Commonwealth of Australia Constitution Act passed by
British Imperial Parliament on 9 July, it was then "imposed" on the
people of Australia. Queen Victoria issues Letters Patent on 28 October 1900
with instructions to Governor-General, without which the Constitution could not
be implemented. (The Constitution is not a single document.)
Commonwealth of Australia is officially established.
Queen Victoria dies. King Edward Letters Patent 23-Feb. Proclamation proroguing
the first parliament. The Official opening of Federal Parliament 9 May included
introduction of additional Constitutional instruments.
Australian Parliament establishes High Court when
Prominent people raised substantial objection based on Constitutional grounds to
the act establishing the High Court.
High Court takes first step to remove people's rights.
Then Chief Justice Samuel Griffith, ex-premier of Queensland and powerful in
establishing the Constitution pronounced:
"The contention that a law of the Commonwealth is invalid because it is not
in conformity with Magna Carta is not one for serious refutation"
In plain language, Magna Carta could no longer be relied on by Australians. This
position since taught in our universities and practised in our courts.
Chief Justice of South Australia Supreme Court refuses
position as High Court Justice. Andrew Clarke of Tasmania a prominent member of
the team that drafted the Constitution passed over for a High Court position
because of his opposition based on Constitutional grounds to the High Court
system as established. (Back then it was clearly a stacked High Court as it is
World War 1. King George V declares war on behalf of Australia. (see declaration of war 3 Sept. 1939)
Australia now a Dominion, member of the British Empire
contingent, joins the peace conference at Versailles on the 13 January 1919 with
W M Hughes and Sir Joseph Cook as Australia's representatives.
Supported by an agreement reached at the 1917 Imperial War
Conference held in London and argument put by the President of the USA, W
Wilson, W Hughes and Sir Joseph Cook sign the Peace Treaty of Versailles on 28
June 1919, not in the name of the British Dominion of the Commonwealth of
Australia, but in the name of the nation, Australia.
Prime Minister Hughes in an address to Federal Parliament on
10 September 1919 said,
"Australia has now entered into a family of Nations on a
footing of equality. Australia has been born in a blood sacrifice"
referring to the first world war.
On 10 January 1920 the League of Nations becomes part of
International Law. With
Australia as one of the 29 foundation member nations, its Sovereign Nation
political independence became guaranteed under Article 1 of the League's
This is Australia's Independence Day! The British Dominion of the Commonwealth
of Australia ceases to exist as does the authority of the British Crown over
Australia. British subjects at that time resident in Australia became Australian
The book "A Handbook to the League of Nations" by Sir Geoffrey Butler
KBE lecturer in International Law and Diplomacy of the Corpus Christi College,
Cambridge, used by all nations as a reference to the League of Nations at the
time, referring to Article I of the covenant of the League of Nations states
"It is arguable that this article (Article 1) is the most significant
single measure. - By it the British Dominions, namely New Zealand, Australia,
South Africa, and Canada, have their independent nationhood established for the
first time. There may be friction over small matters in giving effect to this
internationally acknowledged fact, but the Dominions will always look to the
League of Nations Covenant as their Declaration of Independence".
The League of Nations confirms Australia's mandated territories of Nauru and
German New Guinea on 17 December 1920.
Sir Joseph Cook becomes the first Australian High Commissioner to the
United Kingdom on 11 November 1921. The United Kingdom again recognises the
independence and sovereignty of Australia by its acceptance of his credentials
which they did without delay.
G F Pearce represents Australia at the Washington conference, 12th November
to 6th February 1922, resulting in the signing of the Washington Naval Treaty,
Australia's very first treaty with a foreign nation. Prior to 1920 treaties fell
under the authority of the Monarch, since then the executive has
"assumed" this role.
Balfour Declaration; equal status with Britain confirmed.
Imperial meetings produce Statute of Westminster. (its
infamy may dormant until1986). Wall St stock market crash and the start of the
Statute of Westminster enacted by the British Parliament; Section 2(2)
releases all governments from being bound and limited by the Laws of England,
(Magna Carta Habeas Corpus etc.) Individual governments needed to adopt the
sections that suited them (Section 2(2) of this Statute was not adopted by the
Australian States until 1986).
The Federal government had no need to adopt, as they were not
bound by the Laws of England [since 1920], unless they chose to be so bound. The
State governments were.
3rd September Australia declares War on Germany. ( Australia, not the King
as in 1914).
United Kingdom and United States secret meeting to establish United
Twenty-six nations including Australia calling themselves the United
Nations sign pledge to defeat the Axis countries.
Australia backdates the adoption of certain sections of the Statute of
Westminster as extra procuration in the event of England being defeated -
Rejecting section 2(2), later adopted as part of the Australia Act 1986.
Section 2(2) changes Australian government, both State and Federal from limited
to unlimited government, cancelling all legal right of people. What were
inalienable, forever rights, now at the whim of the politicians and the courts.
Big four nations USA, USSR, UK, & CHINA meet to draw
up plans for a new world body, the "United Nations".
YALTA: The USA, UK and the USSR agree
on voting procedures and call conference to draw up charter for " United
H V Evatt and F M Forde represent Australia at the 50 Nation, United Nations
Conference on International Organisation in San Francisco from 25 April to 26
Australia signs the UN Charter as a foundation Member State on 26 June1945. The
UN Organisation replaces the League of Nations which is officially terminated in
The British government orally states and provides documentation to the UN with
regard to the legislative powers of the Parliament of the United Kingdom.
"No act of the Parliament of the United Kingdom or act that looks to the
parliament of the United Kingdom for its authority is valid in Australia or its
territories in accordance with the laws of the United Kingdom and the Charter of
the United Nations" ( Article 2 paragraph 1 and 4).
When later asked specifically about the validity of the following British acts
of Parliament, the British government referred to their previous reply, as
The Commonwealth of Australia Constitution Act 1900 UK.
The Westminster Act of 1931.
All "Australian State" Constitution Acts.
The Australia Bill 1986 UK.
It was anticipated that all Letters Patent issued after the 10 January 1920
would be rescinded by the Queen in accordance with the Charter of the United
Nations Article 2 (1) and resolution 2625 (xxv) of 24 October 1970.
Advise received from the office of Legal affairs of the Secretary General of the
UN states, "It could be argued the above acts including the Letters Patent
contravene Article 2(1) and resolution 2625 (xxv) of the Charter".
British Imperial Parliament renews Citizen Act. - Australia enacts new
The Declaration of London, India becomes a republic, but remains a member
of The Commonwealth of Nations, and retains allegiance to the Monarch. This
closely resembles the position Australia got itself in by default and high level
fraud, independent [a republic] with allegiance to the Monarch.
Canada adopts a Bill of Rights. (Not the best way to address the loss of
protection of peoples' rights but they did something, while Australia did
nothing, it can now be seen why, somebody intends that the High Court will hand
out rights as and when and IF it suits. This has come to pass with the High
Court actually reading rights into the so called constitution that never was
never drafted to grant rights as there was no necessity to do so at the time.)
Canada adopts new Citizenship Act recognising Canadian nationality and
Commonwealth Citizenship but confers no rights.
British Imperial Parliament enacts British Nationality Act to come into
effect on 1st January 1983.
Canada adopts new Constitution, starting with "Canadian Charter of
Rights and freedoms". - Australian Ministerial statement "Australia
only country in world excluding England to continue the concept of British
subject". High Court expands the meaning of "External affairs"
section 51 (xxix) of the Constitution, to enable the Federal Parliament to make
laws governing human rights. All totally without the authority of the people.
1st January British Nationality act 1981 takes effect, Australians are now
aliens in Britain. - Federal Parliament deregulates
Banks.-High Court removes Tasmania's right to build dam, the second time
imposing UN law over Australian Law.
Federal Parliament repeals part 11 of the Australian citizenship act,
confirming the earlier cancellation by Britain of our status as British
citizens, severing one of the last links in the chain of rights under the law. *
Queen Elizabeth as Queen of Australia revokes Queen Victoria's 1900 Letters
Patent that establishes the responsibility of the Governor General as the
Commander in chief over the Commonwealth with power to appoint and dismiss
Judges, Commissioners, Justices of the Peace, Ministers of State etc. Command
that all officers, Ministers, Military and inhabitants be obedient, aiding, and
assisting to the Governor General. Queen Victoria's clear instructions to the
Governor General including the taking of an Oath as provided for by law. No
affirmation was authorised as would be expected of the Commander in Chief of a
government established with the blessing of Almighty God. All these things now
revoked and replaced with an entirely new Letters Patent that allows an
affirmation and omits reference to the position of Commander in Chief or to who
appoints Judges etc. etc. etc.* A whole new ball game is set in place.
The Australia Act, that, among other things, conferred a legal position on
the State Parliaments allowing the making of laws that remove the inherited
rights of all Australians. Establishing the States as Republics, legally able to
disregard all earlier State laws that secure peoples' rights as a free
people.--Illegally altering the Constitution.
Mabo, a "set-up" case where there was no need for Mabo to go to
the High Court the local Court would have ruled Mabo owned title to his land as
there was no other claimant. This is a regular procedure in local courts making
Mabo a set-up.
*Hong Kong, a British colony gained independence when at midnight 30 June
|| all British law ceased to have authority. (exactly what should have
happened in Australia on 10-1- 1920)
Wik another destructive judgement of the High Court.--- High Court strikes
critical blow at States rights to levy taxation and collect revenue to enable
them to survive as independent States, reversing a High Court decision of 1977.
*A Constitutional Convention orchestrated by the establishment to obtain a
specific outcome, in an attempt to deal with the problem of operating government
in Australia without legal authority. The plan to have all citizens attend
referendum and approve existing constitution with or with out a change of name
for head of State.
*Remains a super important year in given Australia's constitutional
* indicates material added to original document. Update of
events in 1998 is not yet complete.
There must be another way. Summarised, the forgoing chronology establishes that
Australia has been
moved off course by world events, from a Constitutional Monarchy, to a defacto
A nation in grave Constitutional danger. All this occurred as a result of lot of
pushing by certain internationalists; Britain herself has cast Australia adrift
and broken the chain of legal links it had with the Australian people.
With the help of the High Court, which can now be seen as little more than an
agent for a foreign power---the United Nations, Australians have had stolen from
them, their legal and rightful links with English Common Law, links that once
guaranteed Australians their natural and fundamental rights under the law.
We at United People Power arrive at the forgoing conclusion from the chronology
of events set out above. We believe the facts are beyond dispute, and with more
delving we will find more evidence that will confirm Australia's situation as
having entered a constitutional never-never land.
Australia stands at the crossroads, there is no way back, we are left with three
choices, to the right a road to more of the same dictatorship, to the left a
road to an unknown republican dictatorship, or straight ahead to build on the
Constitutional foundation that we all have faith in.
The reality is this, Australians have not retained access to the rights of
Englishmen via Magna Carta and The Bill of Rights and the other Great Charters
of free men; the right to justice and mercy under Common Law is no longer a
right in Australia, but a privilege very often denied as is the right to self
defence. We are in a never-never land.
The Monarchists-cum-No-Republic people however well intentioned they may be,
offer no solution to the dilemma facing all Australians. Any attempt to prevent
our move from where we are constitutionally, is an attempt at national suicide.
The republicans are driven by one of two things, a hatred of the past and our
heritage, or/and a burning desire to retain and increase elite/government
control over people, and they will use every deception to accomplish their goal,
many not realising the consequences of their actions. The planned referendum is
one monstrous deception, where Australians may well be tricked into approving
the existing dictatorial constitution that the people one hundred years ago
rejected. Approval with or without a new name for the so called Head of State.
The road ahead is well set out in the "Alternative Three" proposals.
All Australians should make themselves fully conversant with Alternative Three,
and compare this with what the others have to offer.
The planned 1999 Constitutional referendum will either get Australia back on
track or it will prove to be the end of Australia as we know it was and can be
again; and as we all wish it to be again. The decision will be yours and mine.
We need to make our decision early and convince all we come in contact with,
that there is a road to prosperity; it is the Alternative Three road. The road
bringing power to the people and real opportunity in our pursuit of happiness.
30 Key questions about the
Australian taxation system
The Institute of Taxation Research
1. Why does the Institute of Taxation Research exist?
Most of the members of the Institute are old enough to remember when
Australia's taxation system maintained some degree of fairness and ordinary
Australian's could retain a significant proportion of the results of hard work.
Over the 15 years from 1983 to 1998 there has been a significant shift in
taxation. Even lowly paid workers are being taxed at rates which used to
be reserved for managers and professionals, managers and professionals are being
taxed at rates formerly reserved for the rich and most significantly the rich
are hardly being taxed at all.
The official figures tell it all. Companies which do 70% of Australia's
business pay 10% of Australia's tax. The small companies and individuals
who do 30% of Australia's business pay 90% of the tax and the Australian
Taxation Office is concentrating on making this 30% pay an even bigger
ITR's sole reason for existence is to bring this state of affairs to an end.
On the day Australia gets a fair taxation system the Institute will gladly close
2. Will the Howard government's proposed changes with a GST and income tax
adjustments create a fair taxation system?
Not even a slightly fairer system. In fact ITR research suggests the
major multinational companies will be able to reduce their tax payments even
below today's meagre rates.
3. What are the major losses caused by the current taxation system?
There are three categories of losses created for the community by the current
system. Firstly, individual saving, either for normal family needs or for
retirement, is penalised at every turn. The result is that Australia has
one of the lowest savings rates in the civilised world guaranteeing there is a
shortage of capital for development of ideas, businesses and infrastructure.
Secondly, businesses are penalised for having employees. High taxation
means much higher total wages are needed to provide even basic living standards
for the average worker. The result is that many Australian companies now
import their products rather than employing Australian workers either directly
or indirectly to make them. At ITR we have also seen many businesses
forced to close by the ATO, putting the staff out of work.
Thirdly, large capital imports are needed to pay for capital works and the
imported goods from countries which don't have punitive taxation systems.
This forces the value of the Australian dollar down, diverts the returns from
Australian exports to overseas financiers in the form of interest and the
interest charges plus devaluation forces the costs of imported goods up in
relation to Australian incomes.
After 15 years of the current system Australians are measurably poorer than
they were. Most discretionary incomes have shrunk, large numbers are out
of work, and our living standards have slipped tremendously in relation to the
rest of the OECD nations.
4. Why haven't we previously heard about the Institute of Taxation Research?
The Institute itself is new and is focussed totally on taxation. It was
only formed in July 1998 after members witnessed a series of small businesses
being closed and their workers sacked as the result of ATO activity rather than
tough business conditions. However, the members have been working at the
research parts of the project for up to 25 years and key members of the legal
profession have been applying the principles to battles with the ATO and other
authorities for at least five years. The Institute itself does not act as
the lawyer for clients though there are legally qualified people on staff.
The support group for the Institute, which consists of over 400 highly
qualified and successful Australians including some 20 senior counsel and 5
professors of constitutional law. In addition, it has the support of the
professionals of International Law at two prestigious overseas universities.
Despite being new, the Institute is recognised by the Government and the ATO
as a major threat. As a result, at government request, the media imposed a
blackout on the constitutional issues. Occasionally, the blackout leaks
and the public gets a brief glimpse. But no follow-up stories are ever
allowed to see the light of day. The self-interest of the major news
proprietors and the government coincide. Truth is the casualty - as usual
in these matters.
5. Why is ITR a threat to the ATO and the Government?
Most Australian's believe the ATO is all-powerful and invulnerable. They
believe that it is backed by legislation and powers which can defeat all except
the few super-rich members of the community who also can afford unlimited legal
advice of the highest quality. In its press releases the ATO is
consistently threatening and intimidatory - not the least towards journalists.
ITR's research has shown this aggression and intimidation is based on bluff -
and that the Commissioner of Taxation and those closest to him are very well
aware of how shaky the legal ground is on which they stand but their response
has been to increase the aggression. But for the first time in Australia's
history individual ATO officers are being cited before the courts, stripped of
their legislative protection, and for the first time personally answerable for
their actions. Legally the ATO and the government are servants of the
United Kingdom...and Australian sovereignty means they can't be.
6. What is Australian Sovereignty?
Sovereignty occurs when the other nations of the world recognise a country as an
independent nation. It means that as a people we are entitled to
completely control our own affairs both nationally and internationally. At
federation in 1901 we were still a colony, legally under the control of the
United Kingdom. Today we are recognised by every country in the world as an
independent sovereign nation. We are even recognised as such by the United
7. What does it really mean and when did this change from colony to sovereign
nation take place?
In strict legal terms Australia became an independent nation at the moment Sir
Joseph Cooke lifted his pen from signing the Treaty of Versailles as the second
signatory on Australia's behalf at about 11:30am on 28 June 1919. From
that moment on the Australian people had the right to decide their own future.
But more importantly it meant only the Australian people could decide what legal
and political systems we should live under.
8. But haven't we done that since 1901?
No, we haven't. We have never had either an Australian system of law or an
Australian system of government. We have remained firmly under British law
but without the protections British citizens have. Australian courts have
ruled that we are bound by British laws in the form of the Commonwealth and
State constitutions but we are denied the legally enforceable civil rights which
exist under other British laws. Simply put, the lawyers and the
politicians have decided we will keep the British laws which limits their power
but which existed as part of the legal environment when the constitutions were
written. This is why none of the Australian constitutions contain any form
of civil rights other than the right to vote.
9. If the Constitution isn't broken why fix it?
Who says the constitution isn't broken? The "splendid
constitution" myth is perpetuated by the politicians and lawyers who are
the only ones to benefit under it!
Effectively, the Commonwealth of Australia Constitution is a document for a
dictatorship. For instance, it allows an appointed Governor General to
govern with out a parliament and with ministers solely appointed by him/her for
as long as the Governor General may wish. The only restriction is that the
ministers can only serve for 90 days without being a Member of Parliament but a
nominal change of the portfolio - even a simple change of name for the ministry
- can easily overcome this. You don't believe this - then read the
Constitution from Section 61 onwards.
The proponents of the 1901 Constitution try to escape this problem by saying
that the "conventions" prevent this occurring. But in fact the
"conventions" have no legal force, they are simply the way things have
been done in the past and recent experience shows today's politicians simply
regard the past as a disposable nuisance.
Most importantly the International Law Commission of the U.N. has ruled that
"the laws of one Member State cannot apply within the territory of another
Member State except via a reciprocal treaty. Such treaty may not infringe
the sovereignty of either Member State."
The Commonwealth of Australia Constitution is a British law, passed by the
Westminster Parliament on 25 October 1900 and there is no reciprocal treaty
between Australia and the UK to allow the continued use of the colonial
Constitution. Therefore under two aspects of international law the
continued use of the Constitution is illegal, both under the normal powers of
sovereignty and under the requirements of major treaties, to which both
Australian and United Kingdom are signatories.
10. What difference does this make?
Every building depends on its foundations. If the foundations collapse so
does the building. In legal terms the Constitution is the foundation of
Australian government and the Australian legal system. Its collapse under
international law means the "building" of the Australian government
and legal systems also collapses. The only legal response under
international law is a new constitution and new legal and political systems as
chosen by the Australian people. No one else has the power to create the
11. We elected the government. Doesn't that give it power and
In law there is a concept called "informed consent". It means
that if you are to make an important decision, for instance on whether to allow
a surgeon to undertake a very risky operation, then you must be provided with
all the information about the risks which may take your life or the surgeon has
gained permission to carry out the operation by fraud.
In political terms this means that the first government after independence
(or indeed any later government) had to inform the Australian people that
British power, including that of the Queen, no longer applied in Australia and
that a vote at the election handled all of the power, including the royal power,
to the politicians.
The politicians have carefully avoided informing the Australian public since
they know the public would demand safeguards against abuse of political power to
be built into the system. Today there are no safeguards. Without
informed consent the politicians and the governments have no legal authority but
they do still possess power since public servants will obey them and attempt to
enforce laws no matter how unjust these may be.
Professor I.W. Cumpston, Emeritus Reader in Commonwealth History at London
University has described this as the "greatest political confidence trick
12. What about the Taxation Laws?
Laws passed before 1919 were valid laws under the colonial system since the
Constitution was still valid. However the first Commonwealth Income Tax
Act was passed in 1936 and amended in 1942 to take over all income tax from the
States. By the time these tax laws were passed the Constitution had been
null and void for 17 year and any domestic law dependent on it is "ultra
vires" i.e. without legal force.
13. But didn't the Australia Acts of 1986 fix all this?
The politicians and lawyers would love you to believe they did. In fact
the concept on which the Australia Acts were based is legally absurd. The
Australian Parliament was legislating to stop a foreign parliament, the
Westminster Parliament, from making laws and the Westminster Parliament was
making laws in respect to a foreign country, Australia. Both parliaments
were acting in contravention of Articles 2 and 4 of the Charter of the United
Nations which they sworn to uphold. Under international law the Australia
Acts are an exercise in illegality which fixed nothing.
14. What about the Statute of Westminster 1931?
Most Australian lawyers believe the Statute of Westminster 1931 is what gave
Australia sovereignty. The same lawyers also believe the earth is flat.
Careful reading of the Statute shows it is one side of an "international
arrangement" which requires legislation by the affected Dominions.
Unfortunately for the lawyers Article XVIII of the League of Nations Covenant,
by which both Australia and the UK were bound, requires "international
arrangements" to be registered and published the League of Nations
otherwise they are null and void and deemed not to exist. The Statute of
Westminster and the Statute of Westminster Adoption Act 1942 were not registered
and therefore are not valid in international law since they fall directly under
the terms of assigned and ratified treaty. In any case, Australia was
independent long before the Statute was produced in an attempt to hide the
political chicanery of 1919-1920.
15. Then who does hold sovereignty over Australia?
In a word, the people, the people of Australia! And the High Court of
Australia was ruled so in the Australian Capital Television Case 1992.
Despite the historical links, legal sovereignty passed from King George V to
the Australian people on 28 June 1919. The legal and constitutional
changes needed to accompany this transfer have never been made. Because of
this, Elizabeth II has never been sovereign Queen over Australia. The UN
certifies that Australia was a sovereign nation at least by 1945 when we joined
the UN (sovereignty being a condition of joining) and when Elizabeth did not
assume the throne of the United Kingdom until 1952. Since two
sovereignties can't co-exist and the Australian people have never surrendered
theirs, then Elizabeth has never been sovereign Queen over Australia. The
title Queen of Australia given to Elizabeth by the Royal Styles and Titles Acts
of 1953 and 1973 is purely honorary and carries no constitutional power.
16. What is the current status of the legal system?
Technically the entire legal system does not exist. The states themselves
cease to exist as legal entities on the day the Constitution died. They
were created from colonies by Section 6 of the Act and without it return to
being colonies. However, colonies of the UK can't exist in independent
Australia today and the states therefore legally disappear as do their courts
and legal authority.
Likewise, the Commonwealth legal system does not exist de jure, ie. at law.
But both Commonwealth and State legal systems exist de facto and have to be
dealt with in a practical sense. Dealing with these de facto systems is
the area in which ITR's expertise becomes most useful. Because the legal
systems are riddled with contradictions because of the way in which they have
been perpetuated we pit the contradictions against each other to the benefit of
17. What about the Governor General and the State government?
The State governors claim to draw their power from the Australia Act 1986 (Cth)
which places them in a remarkable position given that its mere existence
contradicts international law and the UN Charter.
The Governor General gains his authority from the Queen of Australia an
honorary position, which carries no authority under the Constitution.
Section 2 of the Commonwealth of Australia Constitution Act says all references
to the Queen in the Constitution refer to "Her Majesty's heirs and
successors in the sovereignty of the United Kingdom".
Australia is not mentioned and because no referendum was ever held under
Section 128 to alter the Constitution to include the Queen of Australia, the
Constitution has not been altered and the Governor General appointed by the
Queen of Australia has no power under Section 58 to give "Royal Assent in
the name of the Queen" to laws made by the parliament. It means all
the laws made by Parliament since 1984 have not received Royal Assent and are
therefore NOT LAWS even without the invalidity of the Constitution.
18. But can't they just backdate everything?
Under International Law there is no such thing as retrospectivity. No
matter how much the ATO wish it were different there is no way new tax laws can
be made retrospective to justify the many obnoxious decisions being made today
by the ATO.
DEALING WITH THE A.T.O.
19. Will I go onto an ATO hit list if I use this historical and legal
*Anyone who has received an amended ATO notice is ALREADY on an ATO hit list.
In fact anyone in any reasonably well paid occupation is already on an ATO
hit list. As the time of writing this document, the ATO had publicly attacked
footballers, blitzed builders, wiped out a group of publishers, and was
attacking people who invested in superannuation schemes, investments in film
and television, investors in agriculture research projects, backers of stage
shows etc, to name a few targets. About the only people the ATO doesn't have on
a hit list are the major multinational companies who pay little or no tax in
20. But I do my taxation return carefully and absolutely honestly - aren't I
* We wish you were. But the record shows, and every tax accountant knows,
that if the ATO decides to audit your affairs they will not accept that you got
everything right. In any case the tax laws are so complex and contradictory that
if you get something right by one measure it can be made wrong by another tax
measure if the ATO decides you have to be punished even if for no reason other
than they don't like the way you look. horror stories abound of the various ways
in which ATO officers invented faults in order to justify the audit taking
place. The sad truth is that even the most honest citizens are not safe when
dealing with the ATO.
21. But don't the ATO have incredible powers to investigate and punish?
* In a nutshell, NO! And what's more they never really had these powers. It
didn't matter so much when the old Taxation Department was simply an arm of the
government, strict but operating very carefully and correctly. However the
transition from Taxation Department to Australian Tax Office introduced a new
culture where bonuses are paid on the basis of the amount of tax collected. Not
all ATO officers are on a bonus but enough are to make putting a return in no
better than a lottery - but a lottery you can't win, you can only lose. AND THEY
PUT PART OF YOUR LOSS IN THEIR OWN POCKET.
22. But don't they always win in court?
*Not any more. The court system may not be about truth, that disappeared long
time ago from the British/Australian system. It is about procedure and precedent
and the rules of court and these can be turned against the TO. It is a question
of saying to the ATO "forget your rules and play according to ours where
the dice aren't loaded your way."
23. Is it that simple as just writing a letter to the ATO and setting out
* We wish it was but the truth is the lower ranks of the 11,000 tax office
employees are deliberately kept in the dark by their superiors otherwise the
honest lower rankers would refuse to collect illegal taxes. So the ATO has
produced a number of computer generated letters which are used to answer letters
from taxpayers on constitutional matters. They are full of legal and historical
errors but the bluff often works and if someone fights back they are referred to
special sections who know a bit more.
A monster like the ATO doesn't just roll over and die but like all dragons it
can be killed and its fire put out. It does take persistence and knowledge about
how the dragon lives.
24. But don't people get sent to gaol for tax evasion?
*Tax evasion presumes two conditions
A. Legal taxes
In Australia today the position is totally reversed.
B. Illegal manoeuvres used to escape the legal taxes
A. The taxes are totally illegal
In fact the only real effective manoeuvres are 110% legal. Part of the problem so
many people now find themselves in is the methods they've used to avoid tax are
marginally legal - it's a question of opinion.
B. The best manoeuvres to prevent their collection are 110% legal
25 Then why can't we go to our normal legal advisers for protection?
*If you have honest legal advisers you can. The difficulty is that the
average solicitor is part of the legal system and their entire income and status
depend on them continuing to support the status quo.
But there is another problem. When most of these lawyers were studying law,
they simply accepted the validity of the Constitution without question and now
they find it impossible to question the basic law on which their entire career
depends. There are a few with intellectual honesty needed to examine the facts
regardless of where that leads. If you have one of these lawyers value them
26. What if my legal adviser wants a Q.C's opinion on this?
* Then your legal adviser has no confidence in his own ability to read
Opinions are about the meaning of laws but every Q.C's opinion in the world
can't change the historical facts. Professor D.P.O'Connell, a world expert on
international law explained in International Law Volume 1,. 1970 that at no
matter what form a change of sovereignty takes there is a break in legal
continuity. The law of one sovereign power comes to an end and the law of the
new sovereign power begins.
Sovereignty is a fact which has its own imperatives. And the facts of
sovereignty are there to read - in the parliamentary Hansard records of 10th
September, 1919, in the Paris newspapers of 28th June and 29 June 1919, in the
writings of Australia's official World War One historian Dr C.E.W Bean, in the
declaration of the Inter Imperial Relations Committee of 1926, in the speech of
King George V accepting the Diplomatic Credentials of Sir Joseph Cooke as
Australia's High Commissioner to London and in the Report by the Senate Legal
and Constitutional References Committee dated November 1995 on the Commonwealth
Power to Make and Implement Treaties as well as major legal texts published 25
years or more ago.
The main concern that most Q.C's reveal in the discussions is that these
facts will produce widespread chaos. We believe that most citizens' lives will
be relatively unaffected in the short term. The chaos will principally affect
lawyers - justice indeed since they've kept everyone else in the dark for years.
Unfortunately hiding the facts is no longer possible. After all the events
which are the cause of these problems happened some 80 years ago.
27. What can the A.T.O. do to counter this?
* Nothing. For the first time in its existence the ATO has no defences except
for a corrupt legal system. But don't count it simply melt away. There are still
over 9 million Australians paying tax and the ATO will take as much from
everyone as they can until the day no one will pay them anymore. 28 June 1919
was Australia's day of independence. The day the ATO finally gives up is the
date of Australia's freedom.
29. Should I discuss this with my accountant?
* Yes of course. In general it can be presumed that accountants are fully on
their client's side but with the position that if they are registered tax agents
they will be very careful about their relations with the ATO.
The bottom line is that the constitutional issues will change the emphasis of
the work accountants do, shifting away from the purely negative activity of
dealing with the ATO into positive protection and promotion of your interest
including less restricted advice about investments. They will probably also
enjoy no longer having to be the bearers of bad news for their clients unless a
business or individual is in trouble for reasons other than taxation.
30. Why should I believe everything in this booklet?
*Without checking you shouldn't. Blind faith is for fools and idiots. But
each of the historical facts existed long before we uncovered them and
international law wasn't formulated for the ITR's benefit. Use the internet and
local libraries. You won't be able to uncover the range of material we have
found over 25 years, but you will find enough to convince yourself of the truth.
That's what this is all about - just the truth. And as a wise friend of ITR said
"The truth eventually exposes itself. Facts can't be kept secret
Reference materials available from UPP
Alternative Three (A3) PO Box 1010 St Marys NSW 2760.
Fax: 02-9826-1337. Phone: 02-9826-1337.
Booklet "Magna Carta Sabotaged" - $2-50 or 5 x 50c stamps includes
Paper: ‘Never Never Land’ constitutionally altering events - $2-50 or 5 x
50c stamps includes postage.
High Court transcript
“ “ “ “ “
High Court transcript
“ “ “ " “
The Australia Act 1986: available free of charge from your Federal
Adoption of the Statute of Westminster Act 1942 “
State Request and consent to The Australia Act 1985- 86: available free from
We are Young and Free" - $10 posted.
Photocopy of the "Yes - No" booklet - $10 posted.
Booklet: The Credit Note - $2.50 or 5 x 50c postage stamps.
Copy of current A3 Draft Proposed Constitution - $10 posted.
HASCO (Heritage Australia Sovereign Constitutional
Trial by jury
The denial of the Common Law Trial by Jury transfers supreme power from
the People to a ruling élite: a despotism or oligarchy. The denial of the
Juror’s rôle and Duty denies Trial by Jury.
AUSTRALIA - THE CONCEALED COLONY "The Truth Will Set