25 November 2013

How to not pay for tolls

It is illegal to collect payment for tollway.

SPER (State Payments Enforcement Registry of Queensland)

115 States not to coin money

A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

This section is what is known constitutionally as an “express prohibition”. In other words the States are expressly prohibited from making anything other than gold and silver coin a legal tender in payment of debts. 

A State cannot substitute anything for payment of a debt, such as property or assets of any kind, nor can a period of imprisonment be substituted for non-payment. State courts may find liability but cannot order other than gold and silver coin be paid to extinguish debt. 

This was confirmed to me recently in the Queensland Supreme Court when Justice Ros Atkinson, when I asked her how costs could be paid considering Section 115 of the Commonwealth Constitution, said, “I won’t go into that, it is up to you”. I then said “Thank you your Honour, that means they can’t be paid”. 

Crown Law has not sent me a bill since that time as they know full well they cannot collect what is not available. 

As there are no gold and silver coins in common circulation it is not possible for a State to make any person pay debts to a State, or to any person in a State, as this would breach Section 115. 

Conversely, not being able to compel any person to accept other than gold and silver coin, a State is prohibited from demanding other than gold and silver coin.

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