Tuesday, June 26, 2012


I found this looking for S.76-8 of the Victorian Evidence Act 1958. That section has been repealed, but I decided to share this with you.

Evidence of Brian to court.

I am the Living Soul named Brian by the family of Allen.

I the accused, not the defendant am innocent; have not come to testify but I do have questions.
I object to the Traffic Infringement Notice enforcement conditions. I demand the Police who initiated
the Infringements to appear and testify in this court and I demand my right to question the Plaintiffs.
And to question the legality and accuracy of the speed or red-light camera.
Was the speed or red-light camera used in accordance with that of the instructions in the Manual?
I object to the Traffic Infringement Notice. Subject to the Privacy Act only the person whose name is
on the Infringement Notice can any information be given. For that reason no person whose name is
not on the Infringement Notice is under any obligation to comply with the Infringement Notice.
Habeas Corpus;
VICTORIA POLICE, VicRoads; is a Corporation that can sue or be sued in it's corporate name.
A corporate name or toll camera, speed camera, traffic light or parking sign and meters;
the real Plaintiff, are not Living Souls, for that reason, can not appear or testify in any court.
The Traffic Light and Speed Cameras, parking signs and meters and the vehicle are mechanical units.
Traffic Light and Speed Camera, parking signs and meters creates the allegation against the vehicle,
using number plate to serve infringement notice with obligation number.
Matter may become a Court Order by any Agency using the Infringement Court. Infringements Court
is a venue of the Magistrates’ Court which deals with the processing and enforcement of infringement
notices and penalties. The Infringements System is based on administrative processing rather than
hearing the case before a magistrate
 unlike other matters falling under the jurisdiction of the
Magistrates’ Court of Victoria which are heard in open court before a magistrate.
My quote;
By calling the Infringements Courta court, this is pointing to Fraud.
 I demand the Magistrate prove to me the constitutional jurisdiction of the Infringements Court.
If the Infringements Court does not exist then do the 130 Enforcement Agencies registered with
 Infringements Court
An agency is authorised to issue infringement notices under the legislation that sets out the offence/s. I demand the agency, produce in this court, the document with signature and name in plain english of
the person who signed the authorisation of the agent to issue infringement notices. 

Infringement Notice;

If I request for matter to be heard in a Magistrates Court; the Infringement Notice shall be
withdrawn.  Subject to the Infringement Act 2006 the original notice must be cancelled before
proceedings can be instituted in Court. The Infringement offence, has accused me as
guilty until proven innocent, using the Obligation Number on the Infringement Notice.
Name on Infringement Notice has been changed where Christian name has become the Surname.
VICTORIA POLICE then bribe Brian Allen to become responsible for ALLEN BRIAN.
Enforcement agency the VICTORIA POLICE; are claiming ALLEN BRIAN, the artificial legal
entity, is as Brian Allen, the Living Soul, both living at the same location; but this is not correct.
If the matter is then a Court Order by VICTORIA POLICE or any Agency using this statute rule
has now become the vexatious litigant by making a false allegation, claiming Brian Allen to be
responsible for ALLEN BRIAN as named on the Infringement Notice and or Warrant.
The name on my Birth Certificate and Driver Licence is Brian Allen.
And I signed no agreement to change my name.
This is pointing to Fraud or Bribery under Chapter 7 of the Criminal Code Act 1995 Division 135 by
VICTORIA POLICE. And all signatures by these officers has not been signed by their own hand.
Plus there are no signatures on Infringement Notice while Computer Signatures are on other
documents. Can the Computer appear and testify in this Court?
And do any of the above persons and informant possess authority or the holder of an office?
Evidence Act 1958 - SECTIONS 76 and 79; 
76. All courts and persons acting judicially within Victoria shall take judicial and official notice of all
Acts of Parliament of the United Kingdom of Great Britain and Ireland or of the United Kingdom of
Great Britain and Northern Ireland whether passed before or after the commencement of this Act and
of the date of the coming into operation of any such Act. 

76 refers to Commonwealth of Australia Constitution Act, Sections 92, 109 and 106.
Certain signatures and seals to be judicially noticed.
79. (1) All courts and persons acting judicially within Victoria shall take judicial and official notice of -
   (a)  the signature of any person who is for the time being or has at any
        time been the holder of any office to which this section applies; and
   (b)  the seal of such a person or of any body or court to which this
        section applies -
where that signature or seal purports to be attached or appended to any decree, order,
certificate, affidavit, writ, warrant, summons, or other judicial or official document, and shall also
take judicial and official notice of the fact that that person holds or has held that office.
My question;
Does any Act of Parliament have any Signature of the Queen or the Governor and the State Seal?
No name of Infringement Registrar is under the signature of person who signed the Enforcement Order.
Can the Infringement Registrar state who specified you and your Oath of Office?
Can the person who signed as the Infringement Registrar, appear and testify in this Court?
Sheriff only uses badge number 2247 on "Notice to Suspend" and I command you to;
State name, who specified you and your Oath of Office and to appear and testify in this Court.

1 the Sheriff  
2 all police members
3 the Commissioner within the meaning of the Corrections Act 1986
4 [insert name], a person authorised by law to execute an infringement
    warrant [specify person and authority].

What is an Infringement Warrant Hearing?
An Infringement warrant hearing occurs when a person fails to take any action on a seven day notice
served under a valid Infringement Warrant, and does not possess any seizeable assets.
The defendant is arrested and enquiries are made by the Sheriff to ascertain if the person is eligible
for a Community Work Permit. If that person is not deemed suitable, they’re bailed to appear before
a court for an Infringement Warrant Hearing, or they may be held in custody for up to 24 hours and to
be brought before a court within that period.
Where a person is to appear before a Magistrate, he/she must sign an undertaking of bail, and their
failure to attend the Infringement warrant hearing will result in the
Court issuing a bench warrant for their arrest.
Though I appear to be guilty subject to allegations by the enforcement agency under the
Infringements Act 2006 who can order the sheriff to claim my property. That under 
Section 92 of the,
Commonwealth of Australia Constitution
 Act, it is my Claim of Right that I am not guilty subject to; 
the Australian Criminal Code Act 1995.


Division  9 - Circumstances involving mistake or ignorance;
 9.5 Claim of right; 
(1)  A person is not criminally responsible for an offence that has a physical element relating to property if:
(a)  at the time of the conduct constituting the offence, the person is under a mistaken belief about
       a proprietary or possessory right; and
(b)  the existence of that right would negate (nullify) a fault element for any physical element of the offence.
(2)  A person is not criminally responsible for any other offence arising necessarily out of the
       exercise of the proprietary or possessory right that he or she mistakenly believes to exist.
(3)  This section does not negate (nullify) criminal responsibility for an offence relating to the use
       of force against a person.

The Commonwealth of Australia Constitution Act, Sections 92, 109 and 106.
On the imposition of uniform duties of customs, trade, commerce and intercourse among 
the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
My question;
Would this over-rule; traffic light, speed camera, road toll or licence.
Transport drivers log book and on the spot traffic fines, parking sign and meter fines?
From dictionary
 Free from limits or conditions. unconditioned, unalterable,
unrestricted by constitutional checks.
Intercourse; Social communication, dealings, between individuals,
communion between man and God: communication for trade purposes etc.:
between different countries, sexual connexion.
Among (st); In the assemblage of, surrounded by, in the number of;
within the limits of (collectively or distributively).


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.
.106. The Constitution of each State of the Commonwealth shall, subject to this Constitution,
continue as at the establishment of the Commonwealth, until altered in accordance with the
Constitution of the State. 
(Must have full State Parliament to effect the alteration.)
My question;

The Victorian Constitution of 1975 and all laws from that are not a continuation from 1900.
The Victorian Constitution of 1975 and all alterations from that have never been put to a
State Referendum. For that reason; the Governor, regulations, government, parliament, all laws,
all delegated legislation and infringements; all authorities and courts; are they valid? .
And was the Magistrate appointed by Governor in Council?

Constitution Act 1975  Section 88.
Appointment to public offices;  Subject to the express provisions of any other Act the appointment
to public offices under the Government of Victoria hereafter to become vacant or to be created
whether such offices be salaried or not shall be vested in the Governor in Council with the exception
of appointments of the officers liable to retire from office on political grounds which appointments
shall be vested in the Governor alone.
All courts take notice of this warning.
If Magistrate states that the Commonwealth of Australia Constitution shall not be used in this court,
then under what jurisdiction does this court exist? Has the Magistrate become the Despot?
(From dictionary Despot: Absolute ruler, tyrant, oppressor.)
All courts and persons acting judicially take judicial and official notice shall not ignore the rights of
accused who refers to the Commonwealth of Australia Constitution Act take notice of the following;
Crimes Act 1914 Part II — Offences against the Government.
24AA Treachery
(1) A person shall not:
(a) do any act or thing with intent:
(i) to overthrow the Constitution of the Commonwealth by revolution or sabotage; or
(ii) to overthrow by force or violence the established government of the Commonwealth, of a State
or of a proclaimed country; or

(b) within the Commonwealth or a Territory not forming part of the Commonwealth:
(i) levy war, or do any act preparatory to levying war, against a proclaimed country;
(ii) assist by any means whatever, with intent to assist, a proclaimed enemy of a proclaimed country;
or (iii) instigate a person to make an armed invasion of a proclaimed country.

(3) A person who contravenes a provision of this section shall be guilty of an indictable offence,
called treachery. Penalty: Imprisonment for life. 


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