20161016-G. H. Schorel-Hlavka O.W.B. To MR Malcolm Turnbull Re ATO Stalking & Harassment, Etc

1
Mr Malcolm Turnbull
10
16-10-2016
Malcolm.Turnbull.MP@aph.gov.au
Cc: Bill Shorten Bill.Shorten.MP@aph.gov.au
Barnaby Joyce Barnaby.Joyce.MP@aph.gov.au
Senator George Brandis senator.brandis@aph.gov.au
Commissioner of Taxation c/o dun&bradstreet DEBT COLLECTOR SERVICE clientservices@dnb.com.au
Re: 20161016-G. H. Schorel-Hlavka O.W.B. to Mr Malcolm Turnbull Re ATO stalking & harassment,-etc
15
Malcolm,
Despite my recent 2-10-2016 correspondence of which a copy was also forwarded to
the ATO via dun&bradstreet DEBT COLLECTOR SERVICE clientservices@dnb.com.au I nevertheless
Received a 5-12-2016 correspondence FINAL NOTICE claiming Repeated efforts to resolve
this matter with you have been made without success. This I view is a blatant deception as
clearly you have (nor any responsible Minister responded to either my 9-13-2016 my 23-92016 and/or my 1-2016 correspondence.
20
QUOTE DBA 1-10-2016 Email CORRESPONDENCE
***Do not reply*** Acknowledgement

from - Mailbox - DBA Customer Service
Centre - Australia
From
DBA Client Service Centre - Australia
To
Gerrit Schorel-Hlavka O.W.B.
Date
2016-10-01 18:52
25
Thank you for your email. Your request has been received and a D&B
Client Services Advisor will respond to you within the next 48 hours.
30
If you are a current user of D&B products, please don't hesitate to

contact the D&B Client Services Team on 13 23 33 between Monday to
Friday 8:30am - 7:00pm.
35
40
45
If you are enquiring about your personal credit report, you can order
your report at www.checkyourcredit.com.au
<http://www.checkyourcredit.com.au/?utm_source=clientservices&utm_medium
=email&utm_campaign=clientservices> . Alternatively, you can contact the
D&B Public Access Centre from Monday to Friday 8:30am - 5:30pm on 1300
734 806 or pacaustral@dnb.com.au <mailto:pacaustral@dnb.com.au> .
If you are a current D&B debtor and would like to make a payment, please
visit our secure payments centre
<https://secure.dnb.com.au/DebtView2/Payments.aspx?co=AU> .
50
p1
16-10-2016
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
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
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Make a payment <https://secure.dnb.com.au/DebtView2/Payments.aspx?co=AU>
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25
END QUOTE DBA 1-10-2016 Email CORRESPONDENCE

QUOTE 1-10-2016 Email containing my incorrectly dated 2-10-2016 correspondence
See attachment 20161002-G. H.

Schorel-Hlavka O.W.B. to Mr Malcolm
Turnbull Re ATO stalking & harassment,
etc
30
From
Mr G. H. Schorel-Hlavka O.W.B.
To
Cc

, Bill.Shorten.MP@aph.gov.au
,
Barnaby.Joyce.MP@aph.gov.au
, senator.brandis@aph.gov.au
,
clientservices@dnb.com.au
Reply-To
Date
2016-10-01 18:51
20161002-G. H. Schorel-Hlavka O.W.B. to Mr Malcolm Turnbull Re ATO stalking &

harassment, etc.pdf
Mr Malcolm Turnbull
35
2-10-2016
Cc: Bill Shorten Bill.Shorten.MP@aph.gov.au

Barnaby Joyce Barnaby.Joyce.MP@aph.gov.au
Senator George Brandis senator.brandis@aph.gov.au
40
Commissioner of Taxation c/o dun&bradstreet DEBT COLLECTOR SERVICE clientservices@dnb.com.au
Re: 20161002-G. H. Schorel-Hlavka O.W.B. to Mr Malcolm Turnbull Re ATO stalking & harassment,-etc
Malcolm,
45
see attachment 20161002-G. H. Schorel-Hlavka O.W.B. to Mr Malcolm Turnbull Re ATO stalking &
harassment, etc
p2
16-10-2016
3
Gerrit
--
Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
107 Graham Road
Viewbank 3084, Victoria, Australia
Author of INSPECTOR-RIKATI books on certain constitutional and other legal

issues.
10
THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED
END QUOTE 1-10-2016 Email containing my incorrectly dated 2-10-2016 correspondence
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It must be clear that where DBA responded with their email at 18:52 upon my emails recorded
to have been sent at 18:51 then a FAIR MINDED PERSON would hold that DBA couldnt
have read and considered the details of my correspondence.
Neither does the 5 October 2016 correspondence give any indication it did so.
It demand that I make a payment by 12-1-2016 (Actually when I was attending to my flooded
property) underlines how unreasonable it is in its demand, in addition making an unlawful
demand. Whereas my correspondence of more than a month ago still; has not been replied upon
somehow DBA demands less than 7 days and never mind legalities or for that illegalities.
.
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To my knowledge at no time did the ATO claim that I owe any back taxes. As such this is not an
issue of underpaid taxation. In fact I have no doubt that I am entitled to a refund of taxes paid but
the ATO for a number of years so far refused to provide relevant details claiming it has no
relevant records of certain taxes paid, this even so I have records of it!
As I understand it by legislative providing I can do a self-assessment and again do not owe any
taxes. Even if I were to claim taxes back, I must do so in an honest manner as to make any claims
that omit or otherwise fails to properly disclose relevant details could cause me to be found guilty
of making a false declaration. As such, a part of not being required to file a tax return, even if I
wanted to do so the ATO itself by failing to provide relevant details by this prevent me to make a
lawful return.
.
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It should be kept in mind that I am a senior citizen trying to live his twilight years in peace and
tranquility with my 83 year old wife and well this kind of stalking/harassment by
dun&bradstreet DEBT COLLECTOR SERVICE has resulted that my wife is now scared that
while I am attending to my flooded property they might harass her again. The correspondence
caused considerable mental and emotional problems to her and if the matter were to end up
before the courts I intent to pursue exemplary damages in that regard also.
.
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I understand from the decision of the High Court of Australia Cunningham & Ors v
Commonwealth of Australia & Anor [2016] HCA 39 (12 October 2016)
(http://www.austlii.edu.au/au/cases/cth/HCA/2016/39.html) that the Commonwealth made
payments to former members of parliament which the court held to be it did not alter what it
had always been, namely a gratuity.
QUOTE
50
55
51.
It would be sufficient to dispose of the plaintiffs' arguments with respect to the Life Gold
Pass for the reasons given with respect to the retiring allowances. The Commonwealth Parliament
could legislate to alter the content of the right at any time. However, the plaintiffs' argument is
founded upon an assumption that s 7(1) applies to the Life Gold Pass as an allowance. Something
more needs to be said about the nature of a Life Gold Pass.
52.
It appears to be common ground that s 7(1) of the Remuneration Tribunal Act was authorised
by ss 48 and 51(xxxvi) of the Constitution to the extent that the Remuneration Tribunal made
Determinations with respect to the Life Gold Pass. The parties appear to accept that the Determinations
were made under s 7(1).
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53.
The terms of s 7(1) refer to allowances to be paid out of public monies to members of Parliament.
Section 7(9) confirms that the allowances are payments of money, to be paid in accordance with the
Remuneration Tribunal's Determination. A Life Gold Pass, and the privileges which attach to it, is
arguably not an allowance within the meaning of these provisions.
54.
The Remuneration Tribunal made its Determination in 1976 with respect to the matter of the Life
Gold Pass following a request by the Minister under s 7(4)(b). It will be recalled that this provision allows
for a further Determination by the Remuneration Tribunal of a matter which the Minister regards as
"significantly related" to the principal question placed before the Tribunal, namely the parliamentary
allowance and, inferentially, whether adjustments should be made to it. Questions as to the Minister's
view of the relationship of a Life Gold Pass with a parliamentary allowance may be put to one side.
The Determination made about the "matter" of the Life Gold Pass did not make it a Determination
with respect to an allowance and the Remuneration Tribunal did not treat it in that way.
55.
The Remuneration Tribunal dealt with the matter of the Life Gold Pass as an existing
"entitlement" of some kind. The Life Gold Pass had, in fact, been provided for some time by the
executive government although it was under no obligation to do so. The 1976 Determination dealt with
matters of eligibility and the extent of the benefits which were to be provided under it. Whilst the
Determination was no doubt intended to formalise the Life Gold Pass, to use a neutral term, it did
not alter what it had always been, namely a gratuity. As such the Life Gold Pass was a privilege of a
kind which was liable not only to modification, but to extinguishment.
END QUOTE
As I understand it the former Foreign Minister alexander Downer for example had his mother
travelling on a Gold Pass after her husband died, this even so she never was a Member of
Parliament.
While I understand that allowances (Section 48 of the constitution) are specifically for
Members of parliament as a compensation for their loss of income and out of pocket expenses, a
Minister however is not permitted to have both a Salary and Allowance.
.
30
Hansard 2-4-1891 Constitution Convention Debates (Official Record of the Debates of the National Australasian
Convention)
QUOTE
Clause 45. Each member of the senate and house of representatives shall receive an annual allowance for
his services, the amount of which shall be fixed by the parliament from time to time. Until other provision is
made in that behalf by the parliament the amount of such annual allowance shall be five hundred pounds.
35
Mr. WRIXON: I am not going to violate my own rule, and raise a point on the drafting here, except to
suggest to the hon. member in charge of the bill that the wording is not, I think, the best that could be
adopted. I think that to describe the payment mentioned in the clause as an allowance for services is a
misdescription. It is really an allowance for the reimbursement of expenses.
Mr. CLARK: We argued that out in committee!
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45
Mr. WRIXON: I should prefer to see the wording which is used in some of the statutes of those colonies
which have adopted payment of members, namely, that it should be put as the reimbursement of expenses,
because otherwise you get into the public mind the idea that members of parliament are actually paid a
salary for their work, which they are not.
Mr. MARMION: I do not see why these words "for their services" should be included at all. Why not say
that each member of the senate, and of the house of representatives, shall receive an annual allowance? I
move as an amendment:
That the words "for his services," line 3, be omitted.
Mr. GILLIES: I beg to move:
That the Chairman report progress, and ask leave to sit again to-morrow.
50
If hon. members will take the opportunity of looking at the laws in the several colonies, with reference to the
payment of members, they will find that a series of provisions ought to be inserted in the bill which are not
inserted. If they look at the New South Wales act, they will find provisions which take into consideration the
salaries that are paid to ministers, to officials, and so on. Some provision is required in order to guard against
officials being paid double. When a member of parliament becomes a minister of the [start page 654]
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Crown, the amount he was previously paid as member of parliament lapses. There is no provision of that
kind in the clauses of this bill. It is not at present contemplated in this bill to make any other provision than
the bald provision already made. Surely it is not contemplated that in the event of a member of parliament
who was being paid 500 a year accepting office, he is to receive his salary as a minister of the Crown plus
his salary as a member of parliament. We have to consider these questions in a rational manner; and to settle
a matter of this kind without consideration is not likely to commend it to our own judgment, and certainly not
to the judgment of the public.
Sir SAMUEL GRIFFITH: I certainly think that we have done as much work as we are likely to do well
to-day, and I doubt very much whether the Committee is prepared to give proper attention to further work tonight. I should like to say a word or two in reference to what the hon. member, Mr. Gillies, has stated in
regard to the absence of provision on matters of detail. The omission was intentional so far as the drafting
committee was concerned, because we thought it was not our business to encumber the constitution
with matters of detail. One of the first things to be done by the parliament of the commonwealth in its first
session would be to settle the salaries of ministers, and a great number of other matters of that kind. We have,
therefore, given them power to deal with this subject. We did not think it necessary to make this in an sense a
payment of members bill. We lay down, however, the principle that they, are to receive an annual allowance
for their services, and we thought that it should start in the first instance at 500.
Motion agreed to; progress reported.
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Convention adjourned at 6.33 p.m.

END QUOTE
Hansard 7-3-1898 Constitution Convention Debates
QUOTE
25
Mr. HIGGINS.-Ought you not to have the same phrase in sub-section (2) as you have in sub-section (3) of
clause 45?
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Mr. ISAACS.-Yes. That would get over the difficulty. If in sub-section (2) of clause 46 you put an express
reference to a certain class of insolvency, that must exclude by inference any other class of insolvency. There
is another point, and this is also a very serious one, to which the Premier of Victoria drew my attention before
lunch. Sub-section (3) of clause 46 provides that the seat of a senator or member of the House of
Representatives is to become vacant if hedirectly or indirectly accepts or receives any fee or honorarium for work done or service rendered by him for
and on behalf of the Commonwealth while sitting as such member.
35
No exception is made to meet the case of a Minister of the Crown. There is provision made elsewhere in
the Constitution for the payment of salary to Ministers for services rendered to the Commonwealth,
which might include his services as a senator. Clause 48A provides thatUntil the Parliament otherwise provides, each senator, and each member of the House of Representatives,
shall receive for his services an allowance of 400 a year, to be reckoned from the day on which he takes his
seat.
40
The allowance spoken of there might be regarded as an honorarium, or as a fee, but it is an allowance for
"services," which is the word used in sub-section (3) of clause 46.
END QUOTE
QUOTE
45
CHAPTER I.-THE LEGISLATURE.

Part IV.-Provisions relating to both houses.
Clause 45. Each member of the senate and house of representatives shall receive an annual allowance for
his services, the amount of which shall be fixed by the parliament from time to time. Until other provision is
made in that behalf by the parliament the amount of such annual allowance shall be five hundred pounds.
50
Upon which Mr. Marmion had moved by way of amendment:

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6
That the words "for his services" be omitted.
Amendment negatived.
Mr. A. FORREST: I wish to draw the attention of the Committee to the amount of the allowance to be
paid to the members of both houses of the federal parliament. The allowance will amount to at least 100,000
for the different states, and I think it would be better if it were left to each colony to fix the amount of the
payment to members.
Mr. MUNRO: Oh, nonsense!

Mr. A. FORREST: I am sure that the colony which I have the honor to represent will object most
strongly to pay its members anything like 500 a year. At the present time we have no payment of
members, nor are we likely to have it in Western Australia, and if we allow this amount to stand in the
clause we shall find that the local parliament will move in that direction. The colony is not in a position
to pay any large sum as an allowance to its members, and I protest most strongly against this Convention in
any way pledging the local parliaments to the payment-of 500 per annum to members [start page 655] to
attend the senate sitting in Sydney or Melbourne. I am certain that in our colony we can get men to come
for a far less sum than that; in fact, I believe we can get men to come without payment at all. It has
been a principle of our Parliament for many years, and will be, I hope, for years to come, that members
shall have that amount of good feeling towards their country that they will not ask the country to pay
their expenses. I trust, therefore, that the Committee will leave it to the different state, legislatures to arrange
for the payment of their members.
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Clause, as read, agreed to.

END QUOTE
What is noticeable that the Framers of the Constitution made clear:

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QUOTE
When a member of parliament becomes a minister of the [start page 654] Crown, the amount he was
previously paid as member of parliament lapses.
END QUOTE
I understand from the decision of the High Court of Australia Cunningham & Ors v
Commonwealth of Australia & Anor [2016] HCA 39 (12 October 2016)
(http://www.austlii.edu.au/au/cases/cth/HCA/2016/39.html):
QUOTE
Question One
35
Do any, and if so which, of the following laws and Determinations of the Remuneration Tribunal constitute or
authorise an acquisition of any, and if so what, property of the plaintiffs, or any of them, otherwise than on just
terms, within the meaning of s 51(xxxi) of the Constitution:
a.
Remuneration Tribunal Act 1973 (Cth), ss 7(1A), 7(1B), 7(1C) and 7(2A);
b.
Remuneration and Other Legislation Amendment Act 2011 (Cth), s 3 (insofar as it made the
amendments or repeals provided for in Sched 2, items 1, 16A, 17A, 19, 20, 21(2));
c.Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth), s 3 (insofar as
it made the amendments or repeals provided for in Sched 2, items 1, 2, 3, 5, 6, 7, 8 and 9);
d.
Members of Parliament (Life Gold Pass) Act 2002 (Cth), s 11(2) (as originally enacted);
e.
Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth), s 3
(insofar as it made the amendments or repeals provided for in Sched 1, item 6);
f.
Determination 2012/02, Pt 2 (cl 2.2);
g.
Determination 2012/03, Pt 2 (cl 2.3), Pt 3 (cl 3.1);
h.
Determination 2012/15, Pt 1 (cl 1.3 and cl 1.4 (insofar as it relates to cl 1.3));
i.
Determination 2013/13, Pt 2 (cl 2.2), Pt 3 (cl 3.3), Pt 4 (cl 4.1);
j.
Determination 2014/10, Pt 2 (cl 2.2), Pt 3 (cl 3.3), Pt 4 (cl 4.1);
k.
Determination 2015/06, Pt 2 (cl 2.2), Pt 3 (cl 3.3), Pt 4 (cl 4.1)?
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45
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Answer
No.
END QUOTE
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Cunningham & Ors v Commonwealth of Australia & Anor [2016] HCA 39 (12 October 2016)
QUOTE (BOLDING AND RED COLOUR ADDED)
The parliamentary allowance

1.
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Section 48 of the Constitution itself provided for an initial allowance to be paid to members of
Parliament[7]. Even at Federation, payment of some kind of remuneration to members of Parliament was
regarded not as a modern innovation, but as an essential aspect of democratic government[8]. During the
Convention Debates, there was discussion about whether the payment was really an allowance for the
reimbursement of expenses, as opposed to salary[9], but the wording of s 48 retained the general term "an
allowance". The term might be thought to cover both.
END QUOTE
QUOTE (RED COLOURING AND BOLDING ADDED)
The term was defined in the Remuneration Tribunal Act, as amended, as referable to the annual allowances
payable for the purpose of s 48 of the Constitution and as identified in the relevant Determination as base
salary. The Remuneration Tribunal Act now also provided[32] the Remuneration Tribunal with power to
determine that a portion of parliamentary base salary is not "parliamentary allowance" for the
purposes of the Superannuation Act.
END QUOTE
It is a truism that statutory rights, which are not constitutionally protected, may be subject to
variation or extinguished by legislative action. There are, however, some statutory rights which,
having regard to their character and the context and purpose of the statute creating them, can be
regarded as inherently variable. Statutory remuneration falls into that category. So too does an
entitlement to a retiring allowance.
END QUOTE
The plaintiffs' case, in any event, is not based upon any constitutional protection but rather upon
statutory rights of a proprietary nature, and ignores the limitations inherent in those rights.
END QUOTE
It should be clear that the position of a Speaker of the House of Representatives and/or the
position of the President of the Senate are not constitutionally that is Office for Profit.
45
Cunningham & Ors v Commonwealth of Australia & Anor [2016] HCA 39 (12 October
2016) (http://www.austlii.edu.au/au/cases/cth/HCA/2016/39.html):
50
The amount of benefits payable by way of retiring allowance may be reduced in

certain circumstances, such as where a person entitled to a retiring allowance
becomes a member of a State Parliament or a Territory Legislative Assembly[23] or
where they hold an office of profit under a State or under the Commonwealth[24].
END QUOTE
HANSARD 16-3-1898 Constitution Convention Debates
QUOTE (red colouring, bolding and underlining added)
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60
Mr. BARTON (New South Wales).-No, there would be no prohibition in that respect. The offices of
Speaker and Chairman of Committees are not offices of profit under the Crown. They are parliamentary
offices, and Parliament has always retained a power over its own Estimates to the extent that really the
Speaker and President of the local Chambers have always exercised a right to submit their own Estimates, and
those Estimates, as a rule, as far as I know in practice in my own colony, are altogether untouched by the
Government of the day. Now, these are political offices, but not offices of profit under the Crown. I think that
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that is the principle that Parliament has always asserted in England and elsewhere. As to the word "person,"
the British Interpretation Act of 1889, which will be largely applied to the construction of this statute by the
Imperial authorities, provides that where the word "person" is used, unless the Act otherwise provides, the
word "corporation" shall be included.
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Mr. HIGGINS (Victoria).-If a man agrees to get paid for services done in Parliament, or for the
Commonwealth, and if he does the work, and, having done the work, he resigns, is there no penalty? Is there
no punishment in such a case for a man who guarantees that he will use his position in Parliament in order to
make money, and, having made it, resigns!
Mr. BARTON (New South Wales).-No; and there is a reason for that. If I recollect correctly there was
some provision in the Bill in Adelaide in that respect, but that provision was omitted in the sitting of the
Convention at Sydney as a matter [start page 2449] of policy. Mr. O'Connor suggests that it is quite probable
that in such a case an action would lie at common law. However that may be, the policy of inserting such a
provision was reversed in Sydney, and therefore the Drafting Committee could not frame any proposal to that
effect.
END QUOTE
It is clear that the word person is determined according to the provisions of :

HANSARD 16-3-1898 Constitution Convention Debates
QUOTE ( Mr. BARTON (New South Wales).-)
20
As to the word "person," the British Interpretation Act of 1889, which will be largely applied to the
construction of this statute by the Imperial authorities, provides that where the word "person" is used, unless
the Act otherwise provides, the word "corporation" shall be included.
END QUOTE
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And for this the same should be with the word marriage, therefore unless homosexual
marriages were provided for within the meaning of the British Interpretation Act of 1889 only a
S128 referendum can allow any such kind of marriages. As the High Court of Australia itself
relied upon the Debates (as shown above) then it must do so consistently and not ad hoc as it
may suit politicians.
QUOTE Mr. DEAKIN.. The arguments of the Hon. Mr. Carruthers appear to have fallen on deaf ears, but, [start page 2042] as he
pointed out, if there be embedded in the Constitution a direct enactment that no proposed laws for taxation
including more than the one subject of taxation, and no proposed Appropriation Bill going outside the
ordinary services of the year, can be legally dealt with, both the Speaker of the House of
Representatives and the President of the Senate would not only be authorized, but would be
imperatively required, in the discharge of their duty, to rule such a measure out of order at any stage
of its existence.
END QUOTE
What is clear is that the Framers of the Constitution intended an equal payment of allowance
for all Members of Parliament regardless where they resided and/or had their electorate. As such,
Members of Parliament must be provided with the equal allowance for all.
45
Due to flood problems to attend to, etc, I have only read the judgment up to and including
paragraph 56 but sufficient to hold that the courts ruling in my view to some degree already
vindicates my past writings that the Federal Government is providing monies to politicians
and/or former politicians not within the provisions of S48 for Members of Parliament.
50
In my view the Federal Government /Federal Parliament cannot provide funding not authorized
by the constitution:
55
Commonwealth of Australia Constitution Act 1900 (UK)

QUOTE
(ii) taxation; but so as not to discriminate between States or parts of States;
END QUOTE
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Likewise it cannot exclude anyone from taxation other then as
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QUOTE
Sir GEORGE TURNER: No. In imposing uniform duties of Customs it should not be
necessary for the Federal Parliament to make them commence at a certain amount at once.
We have pretty heavy duties in Victoria, and if the uniform tariff largely reduces them at
once it may do serious injury to the colony. The Federal Parliament will have power to
fix the uniform tariff, and if any reductions made are on a sliding scale great injury
will be avoided.
END QUOTE
QUOTE
Mr. ISAACS (Victoria).-What I am going to say may be a little out of order, but I would like to draw the
Drafting Committee's attention to the fact that in clause 52, sub-section (2), there has been [start page 1856] a
considerable change. Two matters in that sub-section seem to me to deserve attention. First, it is provided
that all taxation shall be uniform throughout the Commonwealth. That means direct as well as indirect
taxation, and the object I apprehend is that there shall be no discrimination between the states; that an
income tax or land tax shall not be made higher in one state than in another. I should like the Drafting
Committee to consider whether saying the tax shall be uniform would not prevent a graduated tax of any
kind? A tax is said to be uniform that falls with the same weight on the same class of property, wherever it is
found. It affects all kinds of direct taxation. I am extremely afraid, that if we are not very careful, we shall get
into a difficulty. It might not touch the question of exemption; but any direct tax sought to be imposed
might be held to be unconstitutional, or, in other words, illegal, if it were not absolutely uniform.
END QUOTE
QUOTE
30
48 Allowance to members
Until the Parliament otherwise provides, each senator and each
member of the House of Representatives shall receive an
allowance of four hundred pounds a year, to be reckoned from the
day on which he takes his seat.
35
END QUOTE
QUOTE
66 Salaries of Ministers
40
There shall be payable to the Queen, out of the Consolidated

Revenue Fund of the Commonwealth, for the salaries of the
Ministers of State, an annual sum which, until the Parliament
otherwise provides, shall not exceed twelve thousand pounds a
year.
45
END QUOTE
50
Because an allowance is a compensation for loss of income of the politician during the time
attending to parliamentarian business and compensation for out of pocket expenses it cannot be
deemed to be subjected to taxation. Neither the salary payable to a Minister of the Crown as to
avoid taxation being used to unduly influence a Minister. However the reported $1 million tax
free payment for the gun toting former Chairman of the AWB to be in Iraq in my view was
unconstitutional. It violates:
QUOTE
55
(ii) taxation; but so as not to discriminate between States or parts of States;

END QUOTE
60
The Federal Parliament and certainly neither the Federal Government has no constitutional
powers to exclude anyone from taxation unless it applies in a sliding scale uniformly applied to
all taxpayers. This means that former members of Parliament cannot be provided with tax
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10
exemptions\ about any financial benefits as to the Gold Pass or other superannuation benefits,
etc. As such, for example the reported about $1million dollar outfit for former Prime Minister
John Howard office (as much as with other former Prime ministers) is in my view not within s48
of the constitution and s certainly not within s66 and as such should be taxable as apply to any
ordinary taxpayer. Likewise the direct and/or indirect financial benefits of members of families
by former Members of Parliament should be deemed to be subject to ordinary taxation rules
applicable to any ordinary taxpayer.
In my view there is no constitutional power for the Commonwealth of Australia to provide for
gratuity or other kind of payments to former Members of Parliament, as s48 and s66 were
specifically included to authorize payments to Members of Parliament as otherwise such
payments of allowance/salary would have been unconstitutional. While it wouldnt prevent the
ATO to tax unconstitutional payments, as much as any unlawful gained financial benefits, it must
not be deemed that to apply taxation on certain unconstitutional/unlawful financial
income/benefits somehow can justify to circumvent the legal principles embedded in the
constitution.
QUOTE (RED COLOURING AND BOLDING ADDED)
The term was defined in the Remuneration Tribunal Act, as amended, as referable to the annual allowances
payable for the purpose of s 48 of the Constitution and as identified in the relevant Determination as base
salary. The Remuneration Tribunal Act now also provided[32] the Remuneration Tribunal with power to
determine that a portion of parliamentary base salary is not "parliamentary allowance" for the
purposes of the Superannuation Act.
END QUOTE
QUOTE (BOLDING AND RED COLOUR and underlining ADDED)
It is a truism that statutory rights, which are not constitutionally protected, may be subject to
variation or extinguished by legislative action. There are, however, some statutory rights which,
having regard to their character and the context and purpose of the statute creating them, can be
regarded as inherently variable. Statutory remuneration falls into that category. So too does an
entitlement to a retiring allowance.
END QUOTE
QUOTE (BOLDING AND RED COLOUR and underlining ADDED)
Whilst the Determination was no doubt intended to formalise the Life Gold Pass, to use a neutral term,
it did not alter what it had always been, namely a gratuity. As such the Life Gold Pass was a privilege
of a kind which was liable not only to modification, but to extinguishment.
END QUOTE
Neither can the ATO (Australian taxation Office) apply a different scale of taxation within the
financial year that is in progress. As such, any so called budget measurements not passed before
the commencement of the financial year simply cannot be applied.
.
Hansard 12-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
50
Mr. GLYNN Does that put a maximum on military expenditure?

Mr. PEACOCK: A maximum on all expenditure!
Mr. BARTON: It seems to me to put a maximum on all expenditure, because the whole of the
expenditure cannot exceed the total yearly expenditure in the performance of the services and powers
given by the Constitution, and any powers subsequently transferred from the States to the Commonwealth.
55
Mr. SYMON: Does that prevent any increase in case of war?

Mr. BARTON: Yes.
p10
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11
END QUOTE
QUOTE
Mr. REID.-I suppose that money could not be paid to any church under this Constitution?
Mr. BARTON.-No; you have only two powers of spending money, and a church could not receive the
funds of the Commonwealth under either of them.
[start page 1773]
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END QUOTE
This means religious tax concessions are unconstitutional! As I indicated in previous writings I
rely upon s116 the constitution that the Commonwealth of Australia cannot legislate as to
religion, and to allow tax concessions would be as legislating in favour of religion as it would be
to give financial benefits to a religion which is denied to non-religious entities.
Ample of USA judgments/Authorities exist to show that any form of financial support for
religious organisations is a violation of the constitutional provision that the Commonwealth
cannot legislate as to religion.
It is clear if even in war taxation cannot be altered then surely during a financial year it cannot be
permitted merely for a tax adjustment.
I refer also back to my previous writings and urge you to ensure that this nonsense by
dun&bradstreet DEBT COLLECTOR SERVICE is stopped as I consider this to be a violation of the
provisions of the Victorian Crimes Act and constitute stalking and harassment.
From the above set out it appears to me that the ATO rather than stalking/harassing, etc, senior
citizens who desire to live their twilight years in peace and tranquility it better deals with the
elaborate tax avoidance so far perpetrated by former Members of Parliament and their family
members. Because the constitutional requirements that all taxation must be UNIFORM the
ATO in my view would have a problem to prove to the court that it indeed does apply taxation in
a UNIFORM considering some of the above set out and what I wrote in previous material.
If dun&bradstreet DEBT COLLECTOR SERVICE assumes that it merely can claim a DEBT
without proving that any alleged DEBT is a legitimate claim then I view it better may do
dishwashing as an occupation then to engage in legal issues.
.
Again where dun&bradstreet DEBT COLLECTOR SERVICE claims there is a DEBT then it
effectively has taken over the function of the courts and so why then at all place a matter before
the court? Obviously, if it purports to go to the court that it implies it must have the sanction of a
court and this means its claim of a DEB^T is a falsehood.
The legal doctrine of ex turpi causa non oritur action denies any remedy to a litigant
(including a prosecutor) who does not come to court with clean hands.
If your own action is very unlawful and very unethical, if you come to court with Dirty Hands
best not to question others legality, morality, and ethics!
This document is not intended and neither must be perceived to refer to all details/issues.
G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
Awaiting your response,
50
MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)
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QUOTE DBA 1-10-2016 Email CORRESPONDENCE

***Do not reply*** Acknowledgement

DBA Client Service Centre - Australia

Gerrit Schorel-Hlavka O.W.B.

If you are a current user of D&B products, please don't hesitate to

Check Your Credit Report

Make a payment <https://secure.dnb.com.au/DebtView2/Payments.aspx?co=AU>

For more information about D&B, visit dnb.com.au

END QUOTE DBA 1-10-2016 Email CORRESPONDENCE

See attachment 20161002-G. H.

Gerrit Schorel-Hlavka O.W.B.

Gerrit Schorel-Hlavka O.W.B.

20161002-G. H. Schorel-Hlavka O.W.B. to Mr Malcolm Turnbull Re ATO stalking &

Cc: Bill Shorten Bill.Shorten.MP@aph.gov.au

Commissioner of Taxation c/o dun&bradstreet DEBT COLLECTOR SERVICE clientservices@dnb.com.au

Author of INSPECTOR-RIKATI books on certain constitutional and other legal

END QUOTE 1-10-2016 Email containing my incorrectly dated 2-10-2016 correspondence

Convention adjourned at 6.33 p.m.

CHAPTER I.-THE LEGISLATURE.

Upon which Mr. Marmion had moved by way of amendment:

Mr. MUNRO: Oh, nonsense!

Clause, as read, agreed to.

What is noticeable that the Framers of the Constitution made clear:

The parliamentary allowance

The amount of benefits payable by way of retiring allowance may be reduced in

It is clear that the word person is determined according to the provisions of :

Commonwealth of Australia Constitution Act 1900 (UK)

Hansard 3-3-1897 Constitution Convention Debates

There shall be payable to the Queen, out of the Consolidated

(ii) taxation; but so as not to discriminate between States or parts of States;

Mr. GLYNN Does that put a maximum on military expenditure?

Mr. SYMON: Does that prevent any increase in case of war?

Awaiting your response,

MAY JUSTICE ALWAYS PREVAIL

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Do not reply Acknowledgement