Reply To: IAAA 1901 Fines

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#7289
Richard Lowein
Participant

The whole of “Section 8” can be found at this link:

http://www.austlii.edu.au/au/legis/vic/consol_act/iaaa1980240/s8.html

The relevant part of that is pasted below:

And thereupon the said lords spiritual and temporal, and
commons, pursuant to their respective letters and elections, being
now assembled in a full and free representative of this nation, taking
into their most serious consideration the best means for attaining
the ends aforesaid ; do in the first place (as their ancestors in like
case have usually done) for the vindicating and asserting their
ancient rights and liberties, declare :
1. That
392 1980 Imperial Acts Application No. 9426
1. That the pretended power of suspending the laws, or the
execution of laws, by regal authority, without consent of parliament,
is illegal.
2. That the pretended power of dispensing with laws, or the
execution of laws, by regal authority, as it hath been assumed and
exercised of late, is illegal.
3. That the commission for erecting the late court of
commissioners for ecclesiastical causes, and all other commissions
and courts of like nature are illegal and pernicious.
4. That levying money for or to the use of the crown, by pretence
of prerogative, without grant of parliament, for longer time, or in
other manner than the same is or shall be granted, is illegal.
5. That it is the right of the subjects to petition the King, and
all commitments and prosecutions foi- such petitioning are illegal.
6. That the raising or keeping a standing army within the
kingdom in time of peace, unless it be with consent of parliament,
is against law.
7. That the subjects which are protestants, may have arms for
their defence suitable to their conditions, and as allowed by law.
8. That election of members of parliament ought to be free.
9. That the freedom of speech, and debates or proceedings in
parliament, ought not to be iiripeached or questioned in any court
or place out of parliament.
10. That excessive bail ought not to be required, nor excessive
fines imposed ; nor cruel and unusual punishments inflicted.
11. That jurors ought to be duly impannelled and returned.
12. That all grants and promises of fines and forfeitures of
particular persons before conviction, are illegal and void.
13. And that for redress of all grievances, and for the amending,
strengthening, and preserving of the laws, parliaments ought to be
held frequently.

However, I would comment that I think it is very confusing for people who are casually referred to Section 8, subsection 12 of The Imperial Acts Application Act. This is because this Act is not divided into sections and subsections. Instead, it is made up of PARTS and DIVISIONS.

Yes – PART II is described as section 8 in a roundabout way, but this is not immediately clear. Within PART II (Section 8), there are no subsections, just divisions which denote different subject categories.

The Division of interest here is DIVISION 3 – JUSTICE AND LIBERTY.

Within this Division there is no subsection 12. There are numerous lists of numbered points throughout the Division and the one about fines and forfeitures appears twice in very different contexts.

The first context is that of a list of wrongdoings by king James II.

It is the second list that refers to fines and forfeitures wherein it is part of a series of declarations deemed to desirable and lawful.

Simply referring people to Section 8, subsection 12 of The Imperial Acts Application Act, therefore, is bound to make it difficult for them!