NSW A constitutional query

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Elric

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14 October 2019
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1. What is the relevant Commonwealth of Australia Act compelling any "man" to pay income tax.

2. Does the Australian Taxation Office, and therefore the Australian Government (as opposed to the Government of the Commonwealth of Australia), consider payment of taxes by a man to be a right of said man, an obligation or subjugation?

3. What documents exist that evidence both the Australian Government and the ATO have authority over any "man", and by what authority?

4. Was the Australian Taxation Office lawfully formed?

5. Is the ATO actually a foreign chartered private corporation?

6. Given both the Australian Taxation Office and the Australian Government are registered as corporations, should there not be a contract between them and each private Australian agreeing to the claimed contractual obligations of both parties; and what service has been defined that we should be able to expect to receive by this alleged contractual obligation?
 

Tim W

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Friend, you need the help of doctors, not lawyers.
 

Tim W

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Sovereign citizen.
Indeed.
And on that basis, not likely to accept genuine, factual, legally correct replies,
even from somebdy who knows.
Such people are not merely eccentric.
However, the Terms of Use here to not allow for the kind of frankness
that provides a more accurate description.
 

Rob Legat - SBPL

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I agree with the above comments in reply to the OP. Where the point of the post appears to be heading is not any place that will be entertained on this site.

However, I'll answer your questions on the basis that I'm not going to be drawn into any argument about them:

1. The tax legislation is extremely complicated. That's why there are specialists in that area - I am not one of them. The 'starter' legislation is: Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth) and Income Tax Act 1996 (Cth).

2. The 'Australian Government' and the 'Government of the Commonwealth of Australia' are the same thing. 'Australian Government' is like a nickname (for want of a better term). In any case, I'm going to say: (d) a legislated requirement.

3. In broad strokes, the Acts referred to in item 1 and section 5 of the Commonwealth of Australia Constitution Act which states that all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the people of every State and part of the Commonwealth of Australia. The tax legislation was made by the Commonwealth Parliament (i.e. shorthand for the 'Parliament of the Commonwealth of Australia').

4. Yes. Here's a link to the history: Working for all Australians 1910-2010

5. No. See 4.

6. Neither entity is registered as a corporation. If you search 'Australian Taxation Office' on the corporations register it actually shows up as a non-registered entity. Therefore, it is not registered as a corporation. There is no entry for 'Australian Government' by itself, or for 'Government of the Commonwealth of Australia' at all.
 

Elric

Member
14 October 2019
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Thank you Rob, that is all I required.

There was no need for the senseless and ignorant attack by Tim W.
 

Rob Legat - SBPL

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It wasn't 'senseless and ignorant'. The only people in my experience who ask these types of questions are those who are looking to engage in one of the pseudo-legal 'philosophies'. Generally, lawyers have little time for them as they are an argumentative time sink. As a rule, this site does not allow them.

I answered the questions in the hope someone (whether you, or someone else) might be persuaded to abandon what is a pointless method of thinking.
 
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sammy01

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27 September 2015
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So ROB gave a detailed factual answer to your question above based on the law.

I'm giving you the moral implications.

I see the sense in Tim W's answer. You need a doctor

So, go see a doctor - Go on dare ya. Refuse to use your medicare card to get a discount on the bill. If the doctor gives you a prescription, take it to the chemist. Refuse the heavily discounted subsidy and pay the full fee for the medicines. Then get in your car, drive on the left side of the road to the library. Ask to see a book called "The social contract". It is a philisophical treaties about how our society works. Don't borrow that book. NO NO NO. BUY IT. Dont use the free service that is provided because of taxes we pay. Here is a youtube clip to make it easy for you.

Infact, don't drive your car there, walk, but not on the footpath. WHY - Well the doctor, chemist, roads, footpaths and library are all benefits of living in this society. Free public education, dental for kids, centrelink.... All services YOU USE.

You pay tax BUT in return you get the benefits provided by the government to whom you have paid that tax... Now bring it in tight, because this next bit needs you to pay attention. Let's assume you were born in a public hospital, went to a public school, got some family tax benefit if you have kids, remember the $5000 baby bonus? You have spent some time on the dole. For most of your working life you've earned around about the average income. So about $80 000pa and you pay tax on that amount....You have had a few trips to the hospital, had x-rays done a few times, gotten old and recieved the pension.

Sadly, at the age of 68, just a few years after retiring you get the bad news... YEP - Cancer... But it can be treated, the chances of recovery are good. Phew... But it is gonna be expensive. How expensive? $ close to $100 000. BUT you don't have to pay that, nope the tax office pays it... Sadly, the cancer comes back after a few yrs and in the last year of your life it will cost nearly $50K. But you won't pay that, nope - tax office. As you take your last few breaths in a tax funded palative care unit you do that math... 40 years working at about $80K pa = about $680 000 in tax paid. Given that in the last few years of life you have not paid tax and recieved nearly $100 000 in medical services, just to treat the cancer, (let alone any other related expenses like palative care). 13 years of schooling at about $5 000 per year per student means your education cost $65K. You add up all the other govt funded services you've used. Listened to JJJ radio when you were young, Radio National in middle age and ABC Classic when you were old. You add all those costs up and realise that you have actually been a burden on society. YEP, sure nearly $700 000 in tax paid. BUT the services you have recieved along the way adds up to more than $700 000.
So nope, tax isn't you being sold into slavery... Not even close.

Cancer costs Australian health services over $6 billion a year: new research | Cancer Council NSW
 
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