Traffic Fines and Taking matter to court
1. When a person receives an Infringement for any traffic offence
to have the case heard in
Magistrates Court, under Magistrates Court Act
Do not use the words; “I am here under the Commonwealth
of Australia Constitution”.
2. Write your document of defence. Post one copy to the Magistrates
Court where case will be heard.
3. Post a copy to the prosecutor. And keep one copy for yourself
to use in court.
4. Do not make any plea. This will become a mention date and you
5. Will give you the opportunity to speak to prosecutor.
6. Make arrangements with the prosecutor, where you will have three
7. Prosecutor may advise you to plead guilty and will not press the
8. Magistrate will subject to Sentencing Act 1991 Section 76; dismiss
no fine, no court costs no demerit points and
no conviction or;
9. You may plead NOT GUILTY and prosecutor will press the charge
but his evidence may not be subject to State Legislation
10. Plead NOT GUILTY then after magistrate has asked you to stand
at the bar and has passed
. sentence or order, fill in a Notice of
Appeal on a “question of law” to the Supreme Court.
. This will be in the Common Law Division.
11. There will be no cost of Magistrates Court and or Appeal by the
12. The Infringements Court is not a court but is an administration
part of the Magestrates Court.
And no Parliament can legislate for a magestrate
to constitute a court because under the State
Constitution only the Parliament can constitute
or create a court and the Govenor then
appoint the judge or magestrate.
A warrant must have the name and authority of the person delivering the warrant,
not a number.
If a warrant has been issued it may be in force a maximum of 72 hours or
it can be cancelled by
contacting the sheriff to create an “undertaking to bail”.
The sheriff will complete a form and the person may sign it. Sheriff will
set a court hearing date in
the court that is nearest to where the form was signed.
If this is the warrant for a home that after the 72 hours the Owner can
reclaim the home.
If for the reason for a mortgage the bank must be able to produce the original
signed by the Owner. If the bank can not produce the original mortgage document
the bank can
not claim the home.
Do not accept any copy of the mortgage document because some banks sell
the mortgage document.
Magistrates' Court Act 1989 No. 51 of 1989 s. 25.
Part 4 — Warrants and Criminal Proceedings, Division 1 — Jurisdiction
Section 25 Extent of jurisdiction
(1) The Court has jurisdiction —
(a) to hear and determine all summary offences; and
(b) to hear and determine all indictable offences which may be heard and
(d) to make orders to enforce the payment of all fines which are, by any
Act, directed to be recovered in the Court or for the recovery of which
no provision is made.
(2) The jurisdiction given by subsection (1) is additional to any other
jurisdiction given to the Court with respect to a criminal proceeding by or
under any Act other than this Act.
Subject to Magistrates' Court Act 1989 Part 4 Section 25, has no jurisdiction
evidence regarding Section 92 of Commonwealth of Australia Constitution
For that reason the words in Courts (Case Transfer) Act 1991 -SECT 16
would apply as the basic reason for the Appeal to the Supreme Court.
SECT 16. Criteria for transfer (Using these words for the
(1) A proceeding may only be transferred under this Part if in the opinion
of the designated judicial officers-
(a) the transferor court does not have exclusive jurisdiction
to hear and determine it;
(b) the transferee court has the appropriate skill,
experience and authority to hear and
determine it having regard
to its gravity, difficulty and importance; and
(c) it is just and convenient that it be transferred.
Criminal Procedure Act 2009 No. 7 of 2009 Page 220.
PART 6.2 — APPEAL FROM MAGISTRATES' COURT TO
SUPREME COURT ON A QUESTION OF LAW.
Section 272. Appeal to Supreme Court on a question of law
(1) A party to a criminal proceeding (other than a committal proceeding)
in the Magistrates' Court may appeal to the Supreme Court on a question
from a final order of the Magistrates' Court in that proceeding.
(2) If an informant who is a member of the police force wishes to appeal
subsection (1), the appeal may be brought only by the DPP on behalf of
(3) An appeal under subsection (1) is commenced by filing a notice of appeal
in accordance with the rules of the Supreme Court within 28 days after the
day on which the order complained of was made.
Commonwealth of Australia Constitution Act. (Use this as basis
for your Appeal.)
Section 92. On the imposition of uniform duties of customs, trade,
and intercourse among the States, whether by means of internal carriage
or ocean navigation, shall be absolutely free.
Nor abridge your Right to use water; (Use this as basis for your
Section 100. The Commonwealth shall not, by any law or regulation of
trade or commerce, abridge the right of a State or of the residents therein
to the reasonable use of the waters of rivers for conservation or irrigation.
Chapter V. The States.
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.
ACTS INTERPRETATION ACT 1901 - SECT 15A
Construction of Acts to be subject to Constitution;
Every Act shall be read and construed subject to the Constitution, and
so as not to exceed the legislative power of the Commonwealth, to the intent
that where any enactment thereof would, but for this section, have been
construed as being in excess of that power, it shall nevertheless be a valid
enactment to the extent to which it is not in excess of that power.
This Act relates to section 109.
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 the
Australian Criminal Code Act 1995, it is my Claim of Right that I am not
guilty subject to;
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
(a) at the time of the conduct constituting the offence, the person
is under a mistaken belief
about a proprietary or possessory right;
(b) the existence of that right would negate (nullify) a fault element
for any physical element of
(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.
Sentencing Act 1991 No. 49 of 1991
Part 3 — Sentences. Page 177
Section 76 Unconditional dismissal
A court, on being satisfied that a person is guilty of an offence, may
(without recording a conviction) dismiss the charge.
Section 77 Compensation or restitution
A court may make an order for compensation or restitution in addition to
making an order under this Subdivision.
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.
(1) A person shall not:
(a) do any act or thing with intent:
(i) to overthrow the Constitution of the Commonwealth by revolution 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
(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.
CRIMES ACT 1914
- SECT 24F
Certain acts done in good faith not unlawful
(1). Nothing in the preceding provisions of this Part makes it unlawful
for a person:
(a) to endeavour in good faith to show that the Sovereign, the Governor-General,
Governor of a State, the Administrator of a Territory, or the advisers
of any of them, or
the persons responsible for the government of another country, has or have
is or are, mistaken in any of his or their counsels, policies or actions;
(b) to point out in good faith errors or defects in the government, the
the legislation or the administration of justice of or in the Commonwealth,
a Territory or another country, with a view to the reformation of those
errors or defects;
(c) to excite in good faith another person to attempt to procure by lawful
alteration of any matter established by law in the Commonwealth, a State,
a Territory or another country;
(d) to point out in good faith, in order to bring about their removal,
any matters that are
producing, or have a tendency to produce, feelings of ill-will or hostility
different classes of persons; or
(e) to do anything in good faith in connexion with an industrial dispute
or an industrial matter.
Commonwealth of Australia Constitution Act. The Preamble
Clause 5. This Act, and all laws made by the Parliament of the Commonwealth
under the Constitution,
shall be binding on the courts, judges, and people of every State and of
every part of the
Commonwealth, notwithstanding anything in the laws of any State; and the
laws of the
Commonwealth shall be in force on all British ships, the Queen’s ships
of war excepted, whose
first port of clearance and whose port of destination are in the Commonwealth.
The Commonwealth of Australia Constitution Act, Chapter V. The States.
Section 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
If the full House of any State Parliament has not passed Legislation assented
to by the State Governor to alter the State Constitution subject to Section
106 of Commonwealth of Australia Constitution Act then what authority under
the Victorian Constitution of 1975 the State Parliament has to pass any
Legislation to become law?
The Victorian Constitution of 1975 is not a continuation from 1900.
A total gap of 75 years from 1900 to 1975.
For that reason; government and parliament, all statutes and all Acts,
all delegated legislation and infringements; all authorities and courts
and the Australia Act 1986 relating to or for Victoria; are not valid. The
Victorian Constitution of 1975 and all alterations from that have never
been put to a State Referendum.
Evidence Act 1958 - SECT 79;
Certain signatures and seals to be judicially noticed.
(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
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.
Evidence Act 1958 - SECT 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.
SECT 76. refers to Commonwealth of Australia Constitution Act, Sections
92, 100, 109 and 106.