20241111-Mr G. H. Schorel-Hlavka O.W.B. To Duncan Stewart, Director, Fines Victoria-Supplement 7

Page 1
1
2
3 Duncan Stewart, Director 11-11-2024
4 Fines Victoria, Ground Floor, 277 William Street,
5 Melbourne Victoria 3000
6 C/o Email [email protected]
7
8 Cc: Jacinta Allan [email protected]
9 Attorney-General Cth [email protected]
10 Pauline Hanson PHON [email protected]
11
12 NOT RESTRICTED FOR PUBLICATION
13
14 Re – previous correspondences
15 20241101-Mr G. H. Schorel-Hlavka O.W.B. to Duncan Stewart, Director, Fines Victoria-Supplement 7
16 Sir,
17 QUOTE 1-11-2024 CORRESPONDENCE
18 One a legal objection has been made or for that matter the validity of purported
19 legislation has been made by someone, then the purported objection is applicable not just
20 regarding the objector but so every one else.
21 END QUOTE 1-11-2024 CORRESPONDENCE
22
23 The word “One” should be “Once”
24
25 I draw your attention to the following:
26
27
28
11-11-2024 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI® series by making a reservation, or E-mail
[email protected] See also www.scribd.com/inspectorrikati
Page 2
1 Again:
2
3
4 I dispute the validity of any such action as I have extensively set out in previous correspondences
5 and while you may pursue to disregard my previous writings, if any action were to be taken
6 against me then I hold you accountable for $100 million for compensation of violating my
7 constitutional and other rights. And in addition, where anyone else were involved to pursue to
8 deny me my constitutional and other rights then I hold this is a conspiracy and the double of this
9 $100 million to be added to the compensation.
10
Page 3
1 You obviously had and still have the legal option to pursue the validity of the purported
2 legislation you rely upon against me however be warned that no “impartial administration of
3 justice” could possibly enforce your demands where you have already disregarded the proper
4 legal procedures to petition the “impartial administration of justice” for any alleged
5 enforcement.
6
7 As I previously referred to:
8
9 The legal doctrine of “ex turpi causa non oritur action” denies any remedy to a litigant
10 (including a prosecutor) who does not come to court with clean hands.
11
12 If your own action is very unlawful and very unethical, if you come to court with “Dirty Hands”
13 best not to question others legality, morality, and ethics!
14
15 What this effectively means is that all and any purported Infringement Court order is
16 unconstitutional and all and any monies paid by whomever is to be refunded. Extortion should
17 never be acceptable!
18
19
20
21
22
23 The latter quotation refers to 11.55am till 2.24pm and as such clearly is less than 3hours
24 nevertheless my complaint was not upheld. However, subsequently when I exposed this

Page 4
1 absurdity then the purported Infringement Notice was withdrawn. But what about other drivers
2 who were wrongly issued with an Infringement Notice even so not exceeding the parking time
3 limit of 3 Hours? Not that I seek to imply a Infringement Notice has any legal validity, as it has
4 not.
5
6 Clearly, The State Government seeks to employ unconstitutional/unlawful ways to terrorize
7 motorist regardless of being innocent of any wrongdoing and has purportedly enacted the Fines
8 Victoria system to pursue this extortion.
9
10 Obviously, the issue will be can Fines Victoria for example access my bank holdings. NO,
11 because it is a private bank account and monies deposited are by the Commonwealth for pension
12 purposes. As such, the State cannot access monies in violation of the intention of the
13 commonwealth.
14
15 Moreover, likewise other claimed powers, including to involve selling property, engaging a
16 Sheriff, etc, all are unconstitutional and rest assure you wouldn’t want to take me on about this as
17 the AEC in AEC v Schorel-Hlavka discovered in 2 cases on 19 July 2006.
18
19 As I indicated any person who acts to pursue enforcement of purported Fines will incur a $100
20 compensation cost payable to me and where this involved more than 1 person it is held to be a
21 conspiracy and then the double of this compensation will be added, in such case a total of $300
22 million!
23
24 I didn’t spend decades to research and publish my writings about the true meaning and
25 application of the legal principles embedded in the Commonwealth of Australia Constitution
26 Act 1900 (UK) merely for people wanting to extort monies to let them get away with it.
27
28 The alleged $275 fine now has ballooned out first to:
29 (Fines Victoria 20241010)
30
31
32 And recently to:
33 (Fines Victoria 20241028)
34
35
36 Meaning that fines Victoria added another 4 purported fines of a total of $24,018.90 minus
37 $515.30 = $23,503.60. That is $5,875.90 average per purported additional fine, and all without a
38 single court order in a mere 18 Days! Meaning $23.503.60 : 18 = $1,305,76 per day!
39 This, while most of the day I was at home continuing my research about constitutional matters
40 and as such not violating any purported laws!
41
42 I am aware of the purported “climate change” obsession but as the Framers of the Constitution
43 made clear that water that falls on the land of a property owner is the property of the property
Page 5
1 owner until it leaves the land. Hence, the implication that what nature provides to a person
2 cannot be subjected to any charges by a Parliament/Government. As “air” is provided by nature
3 and no Government is providing the air flowing around the world then no charges can be made
4 either on any person breathing this air freely provided by nature.
5
6 As I indicated the State of Victoria first of all must prove that the purported (State of) Victoria
7 Constitution Act 1855 was published in the Victorian Gazette, this as the original
8 (Colonial)Victorian Constitution Act 1855 was amended by the Commonwealth of Australia
9 Constitution Act 1900 (UK) where the States were created within Section 106 “subject to this
10 constitution”.
11 As the Supreme Court of Victoria in Albert Park Racing Act made clear that it was not a valid
12 legislation as it had not been published in the Gazette. Albeit the court did not then deal with the
13 constitutional validity of any purported Victorian constitution as I do!
14
15 Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
16 Convention)
17 QUOTE
18 Mr. GORDON.-Well, I think not. I am sure that if the honorable member applies his
19 mind to the subject he will see it is not abstruse. If a statute of either the Federal or the
20 states Parliament be taken into court the court is bound to give an interpretation according
21 to the strict hyper-refinements of the law. It may be a good law passed by "the sovereign
22 will of the people," although that latter phrase is a common one which I do not care much
23 about. The court may say-"It is a good law, but as it technically infringes on the
24 Constitution we will have to wipe it out." As I have said, the proposal I support retains
25 some remnant of parliamentary sovereignty, leaving it to the will of Parliament on either
26 side to attack each other's laws.
27 END QUOTE
28
29 HANSARD 10-03-1891 Constitution Convention Debates
30 QUOTE
31 Dr. COCKBURN: All our experience hitherto has been under the condition of
32 parliamentary sovereignty. Parliament has been the supreme body. But when we embark
33 on federation we throw parliamentary sovereignty overboard. Parliament is no longer
34 supreme. Our parliaments at present are not only legislative, but constituent bodies. They
35 have not only the power of legislation, but the power of amending their constitutions. That
36 must disappear at once on the abolition of parliamentary sovereignty. No parliament
37 under a federation can be a constituent body; it will cease to have the power of
38 changing its constitution at its own will. Again, instead of parliament being supreme, the
39 parliaments of a federation are coordinate bodies-the main power is split up, instead of
40 being vested in one body. More than all that, there is this difference: When parliamentary
41 sovereignty is dispensed with, instead of there being a high court of parliament, you bring
42 into existence a powerful judiciary which towers above all powers, legislative and
43 executive, and which is the sole arbiter and interpreter of the constitution.
44 END QUOTE
45
46 HANSARD 9-2-1898 Constitution Convention Debates
47 QUOTE
48 Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
49 END QUOTE
50
51 Hansard 1-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
52 Australasian Convention),
53 QUOTE Mr. OCONNER (New South Wales).-

Page 6
1 Because, as has been said before, it is [start page 357] necessary not only that the
2 administration of justice should be pure and above suspicion, but that it should be
3 beyond the possibility of suspicion;
4 END QUOTE
5
6 What this also means is that any purported federal jurisdiction to State Court are without legal
7 validity, this because the separation of powers required to be in the administration of justice fails
8 to exist in certain or all states.
9
10 https://www.foundingdocs.gov.au/item-did-99-aid-9-pid-82.html
11 Letters Patent re Constitution 25 August 1890 (UK)
12 In October 1900, Letters Patent were issued relating to Western Australia's change from a
13 Colony to a State within the Commonwealth of Australia. The most ...
14
16 QUOTE
17 Letters Patent re Constitution 25 August 1890 (UK)
18 Significance
19 This document is a fundamental part of the 1889 Western Australia Constitution, as the
20 Letters Patent contain important provisions relating to the Office of Governor and to the
21 Executive Council which were not included in the Constitution, as they are in
22 the Commonwealth Constitution.
23 History
24 The Constitution of Western Australia only included some of the provisions relating to the
25 Office of Governor. Many of these matters, and also those relating to the establishment and
26 appointment of the Executive Council, were dealt with in these Letters Patent issued by the
27 Crown shortly after the granting of the Royal Assent to the Bill bringing the 1889
28 Constitution into force.
29
30 In October 1900, Letters Patent were issued relating to Western Australia’s change from a
31 Colony to a State within the Commonwealth of Australia. The most recent Letters Patent
32 dated February 1986, was issued following the passage of the Australia Acts which
33 included specific references to the power and functions of the Governor. In addition, the
34 passage of the Constitution Amendment Act in 1978 saw the inclusion in the Constitution
Page 7
1 Act of certain sections intended to protect the Office of Governor.

2
3 Sources
4
5 Battye, JS, Western Australia: A History from its Discovery to the Inauguration of the
6 Commonwealth, Oxford, Clarendon Press, Perth, 1924.
7
8 Black, D, The House on the Hill: A History of the Parliament of Western Australia 1832–
9 1990, Parliament of Western Australia, Perth, 1991.
10
11 Colebatch, H, A Story of a Hundred Years, Western Australia 1829–1929, Government
12 Printer, Perth, 1929.
13
14 Crowley, FK, Australia's Western Third: A History of Western Australia From the First
15 Settlements to Modern Times, Macmillan, London, 1960.
16
17 Legislative Assembly of Western Australia, Acts and Other Information Relating to
18 Parliament.
19
20 Lumb, RD, The Constitutions of the Australian States, (5th edn) University of Queensland
21 Press, Brisbane, 1991.
22
23 Stannage, CT, A New History of Western Australia, University of Western Australia Press,
24 Perth, 1981.
25 Description
Long Title: Letters Patent passed under the Great Seal of the United
Kingdom, constituting the offices of Governor-General
and Commander-in-Chief of the Colony of Western
Australia, 25 August 1890
No. of pages: 2
Medium: Parchment
Measurements: 53 x 62 cm
Provenance: British Government
Features: Stamped with Royal Sign Manual
Location & Copyright: State Records Office of Western Australia
Reference: SROWA: WAS 1354, Cons 6432, item 4
26 END QUOTE
27
28 QUOTE
29 The most recent Letters Patent dated February 1986, was issued following the passage of
30 the Australia Acts which included specific references to the power and functions of the
31 Governor.
32 END QUOTE
33
35 Documenting Democracy
36 QUOTE
37 View transcript
38 (PDF) - 14KB
39 (RTF) - 14KB
Page 8
1 END QUOTE
2 And
3 QUOTE
4 V. Every person appointed to fill the office of <Publication of Governor's Commission>
5 Governor shall, with all due solemnity, before entering on any of the duties of his office,
6 cause the Commission appointing him to the Governor to be read and published at the seat
7 of Government, in the presence of the Chief Justice or some other Judge of the Supreme
8 Court of the Colony, and of the Members of the Executive Council thereof, <Oaths to be
9 taken by Governor> which being done, he shall then and there take before them the Oath
10 of Allegiance in the form provided by an Act passed in the Session holden <Imperial Act,
11 31 & 32 Vict., c. 72.> in the Thirty-first and Thirty-second years of Our Reign, intituled
12 "An Act to amend the Law relating to Promissory Oaths;" and likewise the usual Oath for
13 the due execution of the office of Governor, and for the due and impartial administration
14 of justice; which the Oaths the said Chief Justice or Judge is hereby required to administer.
15 END QUOTE
16
17 https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1725_homepage.html
18 Letters Patent relating to the office of Governor of the State ... - WALW
19 28 Feb 1986 ... Letters Patent relating to the office of Governor of the State of Western
20 Australia 1986, 10 Nov 1998, Current ...
21 QUOTE
22 Error! Use the Home tab to apply Name Of Act/Reg to the text that you want to appear here.
23 END QUOTE
24 And
25 QUOTE
26 Powers and functions of Governor
27 The Governor shall have and may exercise all the powers and functions which belong to
28 the office of Governor or are to be performed by the Governor whether conferred by these
29 Our Letters Patent, a law in force in the State or otherwise, including the power to
30 constitute and appoint such Ministers, Judges, Magistrates, justices of the Peace and other
31 necessary officers as may be lawfully constituted or appointed by Us.
32 END QUOTE
33 Again:
34 QUOTE
35 including the power to constitute and appoint such Ministers, Judges, Magistrates, justices
36 of the Peace and other necessary officers as may be lawfully constituted or appointed by
37 Us.
38 END QUOTE
39
40 Even a change of the Letters Patent by WA in 1986 cannot circumvent the constitutional
41 requirement that the “administration of justice” must be “impartial” as the States are created by
42 the Commonwealth of Australia Constitution Act 1900 (UK) which provides itself for
43 “separation of powers” and as such any State/Territory created within this constitution must
44 provide for the same “separation of powers”.
45 The misconception that somehow Subsection 51(xxxviii) can amend whatever in the
46 Constitution is nonsense where neither the State electors and/or the Commonwealth electors as a
47 whole ever voted on a referendum for this!
48
49 Hansard 8-3-1898 Constitution Convention Debates
50 QUOTE
51 Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people and
52 the states on terms that are just to both.
53 END QUOTE

Page 9
1 Without a State referendum any purported S51(xxxviii) request lacks constitutional validity!
2
4 QUOTE
5 Mr. OCONNOR.-No, it would not; and, as an honorable member reminds me, there is a
6 decision on the point. All that is intended is that there shall be some process of law by
7 which the parties accused must be heard.
8 Mr. HIGGINS.-Both sides heard.
9 Mr. OCONNOR.-Yes; and the process of law within that principle may be [start page
10 689] anything the state thinks fit. This provision simply assures that there shall be some
11 form by which a person accused will have an opportunity of stating his case before being
12 deprived of his liberty. Is not that a first principle in criminal law now? I cannot understand
13 any one objecting to this proposal.
14 END QUOTE
15
16 Hence, the Letters Patent by WA in 1986 was based upon the incorrect interpretation of the
17 Australia Act 1986 somehow overriding constitutional provisions which it never did. What the
18 Australia Act 1986 may have achieved is that British Law may no longer be an overriding issue,
19 however, even that is a misconception as British law (so any European Union legislation) were
20 only COMPLIMENTARY applicable and not override any constitutional provisions.
21
22 The British Parliament actually lacked the legislative powers to prevent any subsequent British
23 parliament to legislate as to the Commonwealth of Australia by way of Amendment
24 Commonwealth of Australia Constitution act 1900 (UK).
25
26 It should be understood that the Commonwealth of Australia Constitution act 1900 (UK)
27 contains 9 clauses of which Clause 9 contains the Constitution!
28
29 G:\ForUploadingtoPasteAct\Constitution.rtf 8/8/2001 2:21 PM
30 QUOTE
31 Commonwealth of Australia Constitution Act iii
32 Contents
33 Covering clauses
34 1 Short title [see Note 1] .......................................................................7
35 2 Act to extend to the Queen’s successors ............................................7
36 3 Proclamation of Commonwealth [see Note 2] ...................................7
37 4 Commencement of Act ......................................................................8
38 5 Operation of the Constitution and laws [see Note 3] .........................8
39 6 Definitions .........................................................................................8
40 7 Repeal of Federal Council Act [see Note 4].......................................8
41 8 Application of Colonial Boundaries Act ............................................9
42 9 Constitution [see Note 1] ...................................................................9
43 END QUOTE
44 And
45 QUOTE
46 2 Act to extend to the Queen’s successors
47 The provisions of this Act referring to the Queen shall extend to
48 Her Majesty’s heirs and successors in the sovereignty of the United
49 Kingdom.
50 END QUOTE
51
52 While King Charles purportedly stated that he doesn’t oppose the commonwealth of Australia to
53 become a REPUBLIC, reality is, that the King has no constitutional authority to permit this
54 whatsoever, this because the Framers of the Constitution embedded the legal principle:
Page 10
1
3 QUOTE
4 Mr. SYMON ( South Australia ).-
5 In the preamble honorable members will find that what we desire to do is to unite in one
6 indissoluble Federal Commonwealth -that is the political Union-"under the Crown of the
7 United Kingdom of Great Britain and Ireland , and under the Constitution hereby
8 established." Honorable members will therefore see that the application of the word
9 Commonwealth is to the political Union which is sought to be established. It is not
10 intended there to have any relation whatever to the name of the country or nation which we
11 are going to create under that Union. The second part of the preamble goes on to say that it
12 is expedient to make provision for the admission of other colonies into the Commonwealth.
13 That is, for admission into this political Union, which is not a republic, which is not to
14 be called a dominion, kingdom, or empire, but is to be a Union by the name of
15 "Commonwealth," and I do not propose to interfere with that in the slightest degree.
16 END QUOTE
17
18 Meaning, that all and any referendum regarding a republic was not only unconstitutional but
19 involved TREASON!
20 This, as a “political union” cannot become an alleged “independent country” as claimed by the
21 High Court of Australia in Sue v Hill, and which I challenged in AEC v Schorel-Hlavka on 19
22 July 2006 successfully, without the Commonwealth DPP and/or any of the 9 Attorney-Generals
23 challenging my numerous constitutional based submissions, and by this conceded my
24 submissions were correct. Hence, Res Judicate applies.
25 Regardless of the State of Victoria seeking to obtain or having obtained any different version of
26 Letters Patent to delete the wording “impartial” it would be useless as it is bound by the
27 provisions of Section 106 “subject to this constitution”, and so is Western Australia likewise,
28 as is any other State/Territory.
29 As I demonstrated Banyule City Council issued purported Infringement Notices and I proved this
30 to be an extortion where the times I was recorded being parked did NOT exceed 3 Hours. It is
31 well known that parking inspectors (to make up numbers of issuing purported Infringement
32 Notices) do issue fraudulent purported Infringement Notices (not seeking to imply they are at all
33 valid) and for this we must have an “impartial administration of justice”!
34 We have the nonsense of Victoria to claim to take private property to give to Australians of
35 Aboriginal descent, well fool you as once the title is established to a person the state can only
36 register the title but cannot interfere with the Title itself or minimize the grand of the title in any
37 manner! Neither can the purported Fines Victoria using the sheriff’s Office or whomever to sell
38 property belonging to a property owner without any court order by an “impartial administration
39 of justice”!
40 Wake up because violating the constitution is TREASON and may by conviction be punishable
41 by death!
42
43 We need to return to the organics and legal principles embed in of our federal constitution!
44 This correspondence is not intended and neither must be perceived to state all issues/details.
45 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
46 MAY JUSTICE ALWAYS PREVAIL®

47 (Our name is our motto!)


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Page 1

11-11-2024 Page 3 © Mr G. H. Schorel-Hlavka O.W.B.

11-11-2024 Page 5 © Mr G. H. Schorel-Hlavka O.W.B.

1 Act of certain sections intended to protect the Office of Governor.

11-11-2024 Page 8 © Mr G. H. Schorel-Hlavka O.W.B.

46 MAY JUSTICE ALWAYS PREVAIL®

11-11-2024 Page 10 © Mr G. H. Schorel-Hlavka O.W.B.

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