Sorry people, you have none [in reality].

http://www.humanrightscoalition.org.au/index.php?option=com_content&task=view&id=82&Itemid=90#SA

Go to the bottom of this page under "Australia" and read what the Rudd government has committed to. It's a start.

The A.C.T. is a territory and their Bill of Rights does not apply outside A.C.T., same for Victoria. (Which are the ONLY 2 states to have recognised this issue).

HOWEVER, don't get excited - if a State parliament can give rights it can also take them away. (As in SA with the "Bikie Bill".

Commonwealth [Federal] laws give no rights or protections directly other than in C/W matters (and then only some).

The ONLY right we have as individuals is in the Australian Constitution S116 - right to practice religion without government interference.  Any other perceived "rights" are by inference ONLY and are/can be subject to both interpretation and legal (prosecution) argument.

Any rights recognised under international treaty (such as the Universal Declaration of Human Rights) CAN NOT be enforced in a sovereign state, ie, Australia, C/W and States can simply ignore them - legally.

Any "rights" you have as an individual are [usually] those granted by State Law, usually found within the actual Act itself, listed as "exceptions", "defence" or inherent by definition of the scope of the Act.

Just because we accept something as a right, does not mean it is in legal terms.  We have these ideas that we have rights, but correct or not, they are tenuous at best and then depend ENTIRELY upon what the crux of the matter is. {For example; under terrorism charges, pretty much all rights are suspended whereas traffic offence some rights apply. Same cop, different situation.. different "rights".}

I have the right to a fair trial........at least i did..

Yeah sycle1.. I looked into registering a religion some years ago, since religious enterprises enjoyed tax free status.. (Sanitarium, for one..). It isn't easy and the tax office has made the recognition of religions as hard as possible (basically, the mainstream religions have got it all sown up.) That would have been so cool to have my own religion... and tax beneficial, as a side issue of course.

And yes, rights during a trial, of course.

(As I said, you have rights enshrined [usually] under each statute and you have implied rights under common law - ie, they are not specifically written down. Some of the common law "rights" are those things that are accepted by "rule of law" such as the right to a fair trial and so forth. One of the best sources for that is the actual Magna Carta (13th Century old England) where many of the things we have under common law have been spelled out. The Magna Carta is really REALLY important as it is the basis of all western law, and in one way or another, the rights declared in it have filtered through in one form or another. BUT it's old and can be translated -from Latin- in several ways.)

----On a side issue about TAX----

I am looking at an issue on taxation at the moment where a group of NZ accountants have declared that tax is illegal and have taken it to the NZ High Court. Fundamentally their argument is based on the Magna Carta in that "no free man shall pay taxes, tithe or duty to the crown" but the NZ gummint has so far resisted the argument in that the rules does not apply as it is simply too old and subsequent laws by acts of parliament have ruled it obsolete. Of course the High Court MUST rule in favour of the gummint because the repercussions throughout the Commonwealth is too horrendous to consider- it would financially break western member of the Commonwealth in having to pay back their illegally gotten gains.. I also note that both the Australian and US gummints are watching this case closely.

A brief outline of the tallage laws and appeal can be found here:

http://www.investigatemagazine.com/tax_files_june_2000.htm

I love anything that has potential to reduce tax payable.

Of course, now that I am sidetracked on tax issues, do you know that you have no obligation to actually PAY income tax? (courtesy of recognition of the Magna Carta). Of course you all say, but how come people go to gaol for tax evasion? Yes, but that's because they breached their contract with the Australian government.. let me explain a little further..

When you first started working for a boss, applied to any university for a course, applied at age 18 for a medifraud card, you would have had to supply a TFN. (Tax File Number.) The only way to get a TFN is to fill out a form requesting one from the ATO. However, the form is actually a contract between you and the Australian gummint. They give you a TFN and in return they provide the benefits of the sovereign state. (Police force, army, customs protections, public medical, etc etc). You have just signed a CONTRACT (that means the government actually recognises the impact and meaning of the Magna Carta..). People who go to gaol have breached that contract in failing to pay the AGREED tax (in which the levels are set by the government) - this is called tax evasion.

Of course tax avoidance is not illegal. There is a subtle difference between evasion (failing to pay DUE tax as agreed) and avoidance (not paying MORE tax than you are liable to in the first instance, eg, claim ALL you allowable deductions).

Here's the really good part of all of this. If you are a self-employed person, sole entrepreneur, consultant etc, AND you apply to rescind your TFN (which is really difficult BTW) then you have no obligation to part with your hard earned money. The bad part is if you are a wage and salary earner, you're buggered. (Because an employer wants HIS deductions and will not pay you your full amount without benefit to him. An employer has significant "dis-incentives" to employ someone without a TFN.)

I should write a book on this stuff..

Anyway, just take this all in a light-hearted manner and don't get upset by it ('cause there's nothing we can really do about it anyway) I've been looking at this for years and still haven't figured it all out. It just makes for very interesting reading. And I can't do the argument justice in such a short space here.

JUST FOR INTEREST SAKE!

Very interesting though....Thanku

Yep.

Hey PaulK, if you want to stop paying taxes just form your own Principality somewhere, just like the River Hutt people in WA,  all you have to do is write to the Queen and let her know and pledge your allegence to her and presto you are your own boss. Trouble is you get no government assistance ect ect.....I'm sure it's more involved but there is precendence I'm sure.

Yep shfunky.. there's a bloke in WA who seceeded from the Commonwealth of Australia and calls himself Prince Leonard of the Hutt River Province.

Check out their web site at:

http://www.hutt-river-province.com/

I remember this story many years ago, when the C/W introduced the Wheat & Barley Boards.  Ol' Lenny decided he could get a better price for his grain by selling independently, byt the C/W (via the W&BB0 came down on him and said he could only sell it to them at THEIR nominated price.  Good ol' Lenny saw red and declared his territory and seceded from the C/W of Australia.

Needless to say, the BS went on and on by both the C/W and the State of WA and they threatened to seize Lenny's assets in payment for outstanding taxes and so on, and further treatened to send in the WA sheriffs/bailiffs. Lenny did the right thing and quickly shot off a letter to Her Majesty asking for her protection as a sovereign state declared accordingly.  (One of the FEW values of belonging to the Commonwealth of the Empire is that should any member state be under threat of invasion - as Lenny declared - then the Queen, as head of the Commonwealth armed forces can direct those forces to protect and repel invaders..)

I love this story by the way - it's awesome.

Lenny won that one and the Australian and WA govs backed off, even unto this day they leave him alone.! Excellent!

Some of the things you need to secede from the "State" is: your own coinage AND statehood bank, a head of state (hence PRINCE Leonard - he can't be King Lenny becasue there is no prior recognised royal bloodline, but it's OK to declare oneself as a Prince), defined borders (Lenny's got a fence around his property), a self-governing government, either as a Monarchy as Lenny's got, or elected government.  I think there's a few more things, but the coinage is an interesting requirement.

You DON'Thave to have an army, airforce or even your own airline, (you can ask Her Imperial Majesty to defend you.. which is sort of cool because in essence Australia could be asked to provide that defence!).

A family friend of ours is actually a Minister for Trade with the Hutt River Province, purchased in Australian dollars and was then declared as a member of the HRP Governement, complete with HRP passport. When he went to Russia recently, he travelled on his HRP passport and as a Minister of State recognised by the Federation of Russian States, was treated with the red carpet, the works! 

 

Of course, only Australia refuses to recognise HRP.  It is now recognised by ALL other nations.

 

What --I--was thinking was applying for HRP citizenship (on-line and with a small "processing" payment) and offereing my residence here as a consular office in return for a lifetime tenure of residence.  This would mean I could incur consular rights and refuse entry to anybody I choose to, including any Australian statutory authorities. There are aslo some downsides to this idea, such as requiring passports to travel in Australia, denial of Australian services like Medifraud, no right to call local police, fire, ambulance or SES for assistance and so on.

I think Lenny's got it pretty right, he also has the land to do it. Just become a citizen of HRP. (Which COULD mean you could be deported if you committ a serious offence here - this could be tricky. But if you have dual-citizenship this could work OK..)

Anyway, take a gawk at his website - brilliant!