.
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 Court; a 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
the Infringements
Court exist?
.
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?
. Note;
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.
.
AUTHORITY AND DIRECTIONS Issue of Warrant to —
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.
PART 2.3 - CIRCUMSTANCES IN WHICH THERE IS NO CRIMINAL RESPONSIBILITY.
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. 92. 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
Absolutely; 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.
.