LAW AND GOVERNMENT DRIVERS LICENSE FRAUD2

Taken from Butterworths Concise Australian Legal Dictionary

Servant: A person in the service of another. A term formerly used to describe a person employed by another person, ‘the master’. From the 19^th century, the master-servant relationship, based on a domestic model of service, was replaced by the employer-employee relationship, regulated by the contract of employment and industrial legislation, ‘Servant’ may be still used in the sense of ‘employee’: for example (QLD) Criminal Code s 1. See also Contract of employment; Employee; Master.

AUSTRALIA ACTS (REQUEST) BILL 1999 N.S.W

Australia Acts (Request) Bill 1999

* Assented on 09/06/1999 - Act No 11 of 1999 (No. 70, 18/06/99).

Long Title

An Act to request the amendment of the Australia Acts in connection with proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.
Explanatory Notes

b99-027-p02.pdf

Australia Acts (Request) Bill 1999

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
If the proposed Commonwealth Bill called the Constitution Alteration (Establishment of Republic) 1999 is passed by the Commonwealth Parliament and approved by the Australian people at a referendum in accordance with section 128 of the Commonwealth Constitution, each State will need to give consideration as to whether it should sever its links with the Crown.

A number of constitutional commentators think that section 7 of the Australia Act 1986 of the Commonwealth and of the Australia Act 1986 of the Parliament of the United Kingdom poses an impediment to a State adopting republican constitutional arrangements. Section 7 deals with the powers and functions of the Queen and the Governor in respect of a State. It is therefore desirable that section 7 be amended to ensure it will not preclude a State from severing its links with the Crown.

Under section 15 (1) of the Australia Acts, those Acts may be amended by the Commonwealth Parliament at the request or with the concurrence of each State Parliament, and, subject to section 15 (3) of the Australia Acts, only in that manner.

The object of this Bill is to request the Commonwealth Parliament under section 15 (1) of the Australia Acts to enact an Act to amend section 7 of those Acts so that section 7 will not prevent a State from severing its links with the Crown. The terms of the Act requested to be enacted are set out in the Schedule to this Bill.
Similar requesting legislation has been or is anticipated to be introduced in the Parliament of each other State.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act and its purpose.
Clause 2 provides for the commencement of the proposed Act on the day after the day on which the proposed Constitution Alteration (Establishment of Republic) 1999 of the Commonwealth receives the Royal Assent. This will ensure that, if the Republic Bill is defeated at the referendum, the proposed Act will have no operation and no power will be conferred on the Commonwealth Parliament.
Clause 3 provides that the Parliament of the State requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in the Schedule.
Schedule—Australia Acts Amendment Act 1999 of the Commonwealth
The proposed Commonwealth Bill is set out in this Schedule. It contains the following provisions:
Clause 1 of the proposed Commonwealth Bill sets out the citation of the proposed Commonwealth Act.
Clause 2 of the proposed Commonwealth Bill provides for the commencement of the proposed Commonwealth Act on a day to be fixed by Proclamation. That day cannot be before the proposed Constitution Alteration (Establishment of Republic) 1999 of the Commonwealth receives the Royal Assent. Consequently, if the Republic Bill is defeated at the referendum, the proposed Commonwealth Act would never commence.
Clause 3 of the proposed Commonwealth Bill is a formal provision giving effect to the Schedules to the proposed Commonwealth Act.
Schedule 1 to the proposed Commonwealth Bill sets out the amendment to section 7 of the Australia Act 1986 of the Commonwealth. Two new subsections are added at the end of the existing section 7. Section 7 (6) empowers a State Parliament to make a law providing that the preceding subsections do not apply to the State. Section 7 (7) provides that, when such a law comes into effect, section 7 ceases to apply to the State.
Schedule 2 to the proposed Commonwealth Bill sets out an identical amendment to section 7 of the Australia Act 1986 of the Parliament of the United Kingdom.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

UNHAPPY NEW YEAR PROMPTS POLICE CLAMP

Katherine Firkin From: Herald Sun February 26, 2011 12:00AM

Police plan big traffic operations in the next few months. Source: Herald Sun

A POOR start to the year on the state's roads has prompted a series of police blitzes.

Huge traffic operations are planned for the next few months.

Melbourne's northwest suburbs were hit last night. Booze buses and extra police crews were set up in Moonee Ponds, North Fitzroy, Brunswick, Coburg and Northcote.

The tough measures come after more than 200 drivers were caught in an operation in Bulleen on Thursday night. Another 72 drivers were caught speeding on the Geelong Ring Rd in a two-day blitz.

Victoria Police spokesman Marty Beveridge said the operations were triggered by the high road toll so far this year.

"It was disturbing to start the year tracking so poorly in comparison to the previous year," Mr Beveridge said.

"So it's been a concerted effort to tackle road trauma.

"We're putting a lot of resources to this."

Mr Beveridge said the huge result from Operation Mermaid II in Bulleen on Thursday night showed there was still more to be done.

Police issued 212 notices for offences, including drink-driving, unlicensed driving and driving an unregistered or unroadworthy car.

Nine people were charged with immigration offences.

"We're going to continue with these operations until everyone in the community gets the message," he said.

"We remain vigilant in trying to get these road toll figures down. We won't be patting ourselves on the back until the road toll reaches zero."

Members of the Geelong Highway Patrol were shocked with the number of speeding motorists detected on the Geelong Ring Rd.

Operation Hawk caught more than 72 drivers speeding, four of them doing 40km/h over the 100km/h limit. They could lose their licences for six months.

firkink@heraldsun.com.au

3500 SPEED FINES EVERY DAY

Peter Rolfe From: Sunday Herald Sun February 26, 2011

Hu Hu Chen is infuriated after getting a fine for doing 54 km/h in a 50km/h zone at Oakleigh. Source: Herald Sun

LEADFOOT motorists have poured more than $200 million into State Government coffers with new figures showing 146 drivers an hour are caught speeding on Victorian roads.

A comprehensive breakdown of every speeding fine issued in the state, released exclusively to the Sunday Herald Sun, paints a clear picture of how infringements are handed out from mobile and fixed speed cameras and on-the-spot police.

More than 3500 speeding fines were issued every day - 1.2 million in total - delivering $227 million to the Government last financial year.

But almost three-quarters of the fines were for the slowest possible category of offence - driving at less than 10km/h over the legal limit.

More than 923,300 speeding drivers - 72 per cent - booked were travelling less than 10km/h over the limit.

Fines for the lowest offence netted the Government $137 million.

Motorists stung by low-range speeding fines said the findings proved road users were being used to fill government coffers.

Truganina motorist Hu Hu Chen received his first and only fine for travelling at 54km/h in a 50km/h zone at Oakleigh last year and said he was still infuriated by the experience.

"I thought it was pretty harsh," he said. "I had no idea until I got the fine in the mail. It's not like I was hooning around. If I had braked a second earlier, I wouldn't have even been fined."

A Northcote resident, who asked not to be named, said speed restrictions in Melbourne's northern suburbs were getting out of control.

"I am hardly what you would call a hoon driver," he said. "But if I get one more fine I will probably lose my licence for having accumulated so many points.

"And each fine has been for exceeding a 50km/h restriction by six-or-so km/h."

There were 146 speeding fines issued every hour on average, according to the statistics. That is 2.4 a minute.

The Government also cashed in on increases in speeding offences, collecting an additional $4.6 million by increasing the cost of individual fines by between $3 and $17.

But Police Minister Peter Ryan defended the level of revenue raised.

"Those who choose to exceed the speed limit do so with the knowledge they will be penalised," he said.

"Speed and red-light cameras save lives, but the Coalition understands Victorians need to believe cameras are reliable, accurate and operate fairly."

Victoria Police Road Policing Superintendant Neville Taylor welcomed community debate, but said police made no apologies for booking motorists just over the limit.

With speed attributed to 30 per cent of road deaths last year, he warned that police would fine even more speeding drivers this year to bring down the road toll.

"Often the attitude of people is 'I was just a little bit over' but it's our goal to change that behaviour," he said. "Our clear message is that if you're a couple of kilometres over - or a lot over - we will get you."

Supt Taylor said there would be a 20 per cent cut in fatalities and a 14 per cent drop in serious injuries if all motorists slowed by 5km/h.

The data also reveals the extent of offences committed at the other end of the scale.

More than 2160 hoons were caught speeding at 45km/h or more over the speed limit last year. Police booked 806 drivers for racing at speeds of 20km/h or more above the 110km/h limits.

Total revenue from speeding and red-light camera fines was about $315 million last year.

rolfep@heraldsun.com.au

481. "ALTERATION." – AN IMPORTANT EXCERPT FROM "THE ANNOTATED CONSTITUTION OF THE AUSTRALIAN COMMONWEALTH"

This is a key that will not only make perfect sense to many of you, but, will also aid some of you who endeavour to triumph over legislative contract tyranny. This comes from Page 988. Hope you find it useful. :) 

481. “Alteration.”

The British Constitution can be altered by an Act of the British Parliament.  

In fact it is sometimes hard to distinguish between Acts passed by the British Parliament relating to matters of ordinary legislation, and Acts passed by it relating to the Constitution.  

The Federal Parliament, however, is not authorised to amend the Constitution of the Commonwealth. That Constitution can only be varied in a special way and after compliance with certain formalities and prerequisites. 

In like manner the Congress of the United States is deprived of power to amend the American instrument of Government. The disability of a Federal Legislature to alter the Federal Constitution is one of the organic features and a prominent characteristic of every federal system. 

If the Federal Legislature could change the Constitution it might transform itself from a subordinate law-making body into an organ of sovereignty; it might destroy the federal system altogether, and substitute a consolidated form of government. 

A Federal Legislature is a mere creature of the Federal Constitution; it is a mere instrument or servant of a federal community; it is an agent, not a master. 

The Constitution is the master of the legislature, and the community itself is the author of the Constitution. 

In this respect a federal legislature differs from a supreme legislature like that of Great Britain, which is the embodiment and essence of the sovereignty of the British nation.

Sovereignty resides in that person, or body, or class of persons in whom is ultimately vested the power to amend a Constitution of Government.