Traffic Fines and Taking matter to court Instructions.
1.  When a person receives an Infringement for any traffic offence to have the case heard in
     Magistrates Court, under Magistrates Court Act 89.
     Do not use the words; “I am here under the Commonwealth of Australia Constitution”.
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2.  Write your document of defence. Post one copy to the Magistrates Court where case will be heard.
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3.  Post a copy to the prosecutor. And keep one copy for yourself to use in court.
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4.  Do not make any plea. This will become a mention date and you must appear.
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5.  Will give you the opportunity to speak to prosecutor.
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6.  Make arrangements with the prosecutor, where you will have three choices;
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7.  Prosecutor may advise you to plead guilty and will not press the charge.
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8.  Magistrate will subject to Sentencing Act 1991 Section 76; dismiss the charge,
     no fine, no court costs no demerit points and no conviction or;
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9.  You may plead NOT GUILTY and prosecutor will press the charge
     but his evidence may not be subject to State Legislation or;
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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.
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11.  There will be no cost of Magistrates Court and or Appeal by the accused.
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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.
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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.
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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 mortgage document
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.
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Magistrates' Court Act 1989  No. 51 of 1989  s. 25.  Page 63.
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 determined
summarily; 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. 
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Subject to Magistrates' Court Act 1989 Part 4 Section 25, has no jurisdiction to hear
evidence regarding Section 92 of Commonwealth of Australia Constitution Act.
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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.
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SECT 16. Criteria for transfer (Using these words for the appeal)
(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;
         and
   (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.
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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 of law,
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 under
subsection (1), the appeal may be brought only by the DPP on behalf of the informant.
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(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.
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Commonwealth of Australia Constitution Act.  (Use this as basis for your Appeal.)
Section 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.
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Nor abridge your Right to use water; (Use this as basis for your Appeal.)
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.
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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.
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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.
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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;
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PART 2.3 - CIRCUMSTANCES IN WHICH THERE IS NO CRIMINAL RESPONSIBILITY.
Division  9 - Circumstances involving mistake or ignorance;
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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.
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Sentencing Act 1991 No. 49 of 1991
Part 3 — Sentences.  Page 177

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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.
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Section 77 Compensation or restitution
A court may make an order for compensation or restitution in addition to making an order under this Subdivision.
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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;
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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
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(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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CRIMES ACT 1914
- SECT 24F

Certain acts done in good faith not unlawful
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(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, the
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 been, or
is or are, mistaken in any of his or their counsels, policies or actions;
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(b) to point out in good faith errors or defects in the government, the constitution,
the legislation or the administration of justice of or in the Commonwealth, a State,
a Territory or another country, with a view to the reformation of those errors or defects;
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(c) to excite in good faith another person to attempt to procure by lawful means the
alteration of any matter established by law in the Commonwealth, a State, a Territory or another country;
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(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 between
different classes of persons; or
(e) to do anything in good faith in connexion with an industrial dispute or an industrial matter.
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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.
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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 State.
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My question;
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?
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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.
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Evidence Act 1958 - SECT  79;
    Certain signatures and seals to be judicially noticed. (State) 
SECT  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.
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Evidence Act 1958 - SECT 76;
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.
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SECT 76. refers to Commonwealth of Australia Constitution Act, Sections 92, 100, 109 and 106.
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