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#20422
Nigel Claus
Participant

Have been researching this topic also.. have put this together and sending off next week to several councils.

Dear ….
Take note:
Parliaments require authority from somewhere to make Laws. The NSW Constitution s5 and the Commonwealth Constitution section 108 is the source of this authority. The NSW Constitution is subject to the Commonwealth Constitution Section106. Local Government relies on the Local Government Act 1993 (NSW) for its existence. The Local Government Act 1993 (NSW) relies on s51 of the NSW Constitution for its existence. Municipal institutions and local government, is in the Commonwealth Constitution as a department of a State Government. (Pages 935 & 936 Annotated Constitution). In 1986, The Parliament of NSW amended the NSW Constitution to include s51 which inserts Local Government into the NSW Constitution.

The Parliament of NSW has no authority to amend the Commonwealth Constitution! Only the people of the Commonwealth can do that by means of s128 (referendum) of such Constitution. The Parliament of NSW cannot create any Laws that are inconsistent with the Commonwealth Constitution! See section 106 & 108 Commonwealth Constitution. Therefore, s51 of the NSW Constitution is unlawful and, as a result, so is the Local Government Act 1993 and, consequently, so is Local Government as a Government.

Local Government can only be a Department of a State, and Departments of State Governments cannot govern us, cannot create Laws (Local Laws) and above all cannot Tax us (Rates). Municipal institutions and local government are in the Commonwealth Constitution, as a department of a State Government. In 1993, the NSW Parliament altered its Constitution to include a 3rd or an essential tier of Government which has effectively altered or is at least repugnant to the Commonwealth Constitution.

Municipal institutions and local governments can only be a Department of a State Government, just like the Education Department or the Health Department. On these irrefutable grounds I hereby notify Sydney City Council will not be paying the illegal rates/tax’s being invoiced to said property …… sydny NSW

feed back appreciated 🙂