There has also been mention that 'he' is the only valid sheriff, whilst all the others are not.
A quick search in your favourite 'search engine' may yield the result that the current sheriff of Victoria is a 'natural' person Brendan Facey who's pictured below next to clamped automobile.
But,
- Is the clamping of people's automobiles actually lawful?
- Is a letter from the 'Sheriff's Office' informing you that your vehicle is unregistered really lawful?
- Can the 'Sheriff' involve a third party (CCV - Civic Compliance Victoria) in a so called fine?
- Is the 'Sheriff' acting lawfully when he instructs Vicroads, who's CEO is Mr. John Merritt, to put a sanction against your 'person's' vehicle.
- Is your automobile really a vehicle?
There are many more questions that are not mentioned here that definitely can be raised, pertaining to not only the validity of law but also the questionable actions of Victoria's 'sheriff' called Brendan Facey.
With the help of many dedicated people, who for obvious reasons cannot be named, a document has been compiled that outlines the concerns regarding the actions of this so called 'sheriff' Mr. Brendan Facey.
The document at this stage is in draft mode and its content is as follows:
The Sheriff’s Criminal Actions
June 2014
Forword
1). For the purpose of this document, the
validity of law is put aside.
2). The information refers to the sheriff
of Victoria and laws applicable within the state of Victoria.
3). The information contained within this
document is known to be true and correct at the time of writing.
Part
1: Background
1). The following Acts are binding to all
those in government and those who administer justice:
1. Australian Courts Act (1828) UK,
2. Commonwealth Constitution Act (1900)
3. Acts Interpretation Act (1901)
4. Judiciary Act (1903)
5. Imperial Acts Application Act (1980)
2). English
Statute of Monopolies of 1623, 21 Jac. 1, c. 3, ‘An Act concerning Monopolies and Dispensations with Penal Laws, and the
Forfeitures thereof’ – is a valid law in Victoria today.
3). Bill of Rights 1688 (UK) is applicable
to government only, and is valid in Victoria.
S. 12 of the Bill of
Rights states - “That all Grants and
Promises of Fines and Forfeitures of particular persons before Conviction are
illegal and void”.
4). Infringements Act (2006), is in breach
of:
1. Bill of Rights (1688) s. 12
2. Commonwealth Constitution (1901)
3. Competition and Consumer Act (2010) - Schedule 2, 50 Harassment and
coercion.
5). Notes:
1. All the laws of England came into Australia under the Australian
Courts Act 1828 (UK).
2. A monarch cannot be outside of the preamble of the Constitution
-
Commonwealth v NSW, HCA [1923]
34.
3. Anyone working in government (within the public service) MUST swear
an oath. If no oath is sworn then they are impersonating a public official, 2
years prison, 17 years if under treason.
Part
2: Sheriff
1). A fine cannot be issued, therefore
cannot forfeit property before conviction by a jury of your peers.
2). The sheriff must be appointed by the
responsible minister, in this case the Attorney General.
3). The Attorney General is appointed by
the Governor General.
4). In order for the appointment of the
Attorney General to be valid, the appointment of the Governor General must be
valid.
5). The sheriff is supposed to act under
the Supreme Court (of Victoria).
6). For the state of Victoria there is only
one (purported) sheriff, Brendan Facey, all other (sheriffs) are unlawful.
7). The sheriff is reliant upon the Sheriff
Act (2009).
8). Can only contact you between the hours
of 9am – 5pm. Breach penalty - $400.
9). The sheriff cannot take any property :
1). which could
not be taken from a bankrupt, i.e. relating to the same restrictions if one was
bankrupt, as per Bankruptcy Act 1966 Sect 116 (2).
2). used by you
as a primary means of transport to the value of no greater than $7,000 as per
Supreme Court Act (1986) Sect 42 (1).
10). Oath:-
1). The
sheriff’s badge is the same as a police officer’s, therefore must have an oath
to the Queen (UK monarch, not the statutory queen of Australia).
2). The
(purported) sheriff’s do not have an oath of allegiance / office, while they
are acting under the Supreme Court of Victoria.
3). An officer
of the Crown (whom a sheriff is not) can only enter your dwelling if the crown
is a party to the suit.
4).
No oath indicates that the sheriffs are not immune from civil / criminal
liability.
Part
3: Warrant
1). In order for a warrant to be valid it
must be
1). duly signed
off and contain the common seal (UK coat of arms),
2). signed by a
magistrate / judge who has sworn an oath to the Queen (UK monarch).
2). The signing of an unlawful warrant
implicates the signatory for a criminal / civil lawsuit.
3). Brendan Facey (allegedly) signs off on
the paperwork for the warrant.
4). The paperwork from the system links the
person as a debtor, for which the person is not.
5). The sheriff buys the warrant from the
Magistrates’ Court, not in accordance with the process of the Supreme Court.
6). A bond is attached to the warrant.
Part
4: Civic Compliance Victoria (CCV)
1). The ground floor of 277 William St,
Melbourne 3000, Civic Compliance Victoria (CCV) is listed as the business
occupying the premises.
2). CCV is a private company under contract
to the State of Victoria, therefore CCV is not the Crown.
3). CCV is a trading name used under
licence from the crown in the right of the State of Victoria.
4). Inside the office of CCV there are 3
registrars that are from the Magistrate’s Court of Victoria (ABN:
32 790 228 959) which has locations all around Victoria, e.g. Melbourne
Magistrates’ Court – 233 William St, Melbourne VIC 3000 or Dandenong
Magistrates’ Court – Pultney St, Dandenong VIC 3175.
5). Therefore, from item 4). above, there are
officers of the court working for profit within a private company CCV which is
illegal.
Part
5: Governor
General’s appointment
1). There is no order for the appointment
of the Governor General for the period
1982 – 2003
2). There is no order for the appointment
of the Governor General for the period 2003 – 2008
3). In order for the GG to sit in lawfully,
the correct oath must be sworn upon.
4). There is NO lawfully appointed GG since
the 6th Governor General Ronald Munro Ferguson (in office from 18 May
1914 – 6 Oct 1922)
Part
6: Miscellaneous
1). The Supreme Court (of Victoria) does not function in accordance
to the Commonwealth Constitution,
Chapter 3, Sect 71 – 80, as it is meant to, therefore invalidating any actions
carried out by the sheriff of Victoria, Brendan Facey.
2). The sheriff is technically a public
servant. The carrying of the badge (the appointment), therefore there must be
an oath of office, but there is none. Therefore the sheriff is committing a
criminal offence and therefore subject to criminal / civil suit.
also it can be downloaded below:
We would appreciate any comments either here following this article or on our facebook page under the current name of Cort Australe (Corpus Australis).
1 comment:
What a load of absolute rubbish. Sheriff's in Australia, aren't the same as Sheriff's in the U. S. A.
There is no oath, to be taken, or sworn.The warrants, from all the courts, are issued under the command of the current Sheriff of Victoria, as duly appointed by the relevant Minister of the Crown.
" To all my officers........"
All process issued, that needs documents to be sworn, are, declarations, or affidavits, that are sworn or affirmed, of some process that identifies a named person in the warrant, that identifies them. The same goes for Possession warrants, in the identity of real estate, for either sale of equity, or possession for a named party in the warrant.
Post a Comment