Page 1

1
2
3 MIDSTATE CREDIT COLLECT PTY LTD 31-5-2024
4 Email: mcc@midstatecc.com.au
5
6 Cc: Buloke Shire Council & Ors buloke@buloke.vic.gov.au
7 Cr Alan Getley (Mayor) crgetley@buloke.vic.gov.au
8 Cr David Pollard crpollard@buloke.vic.gov.au
9 Cr Carolyn Stewart crstewart@buloke.vic.gov.au
10 Cr Bernadette Hogan crhogan@buloke.vic.gov.au
11 Cr Graeme Milne (Deputy Mayor) crmilne@buloke.vic.gov.au
12 Cr Bronwyn Simpson crsimpson@buloke.vic.gov.au
13 Cr Daryl Warren crwarren@buloke.vic.gov.au
14 Penelope Grant Revenue Officer buloke@buloke.vic.gov.au
15
16 RE: BULOKE SHIRE COUNCIL Amount: $931.60 Reference: 250200504
17 Property Address: 10 Anderson AVENUE Berriwillock VIC 3531
18
19 NOT RESTRICTED FOR PUBLICATION
20 COMPLAINT
21 Sir/Madam & Ors,
22 further to my extensive previous writings to Buloke Shire Council I will set out
23 further issues, albeit this correspondence is not intended and neither must be perceived that I
24 acknowledge and/or accept any legal status of MIDSTATE CREDIT COLLECT PTY LTD in
25 that regard this as I do not accept/agree there is any debt!
26
27 I in 2001 as an INDEPENDENT candidate for the federal seat of Jagajaga made clear that
28 “compulsory” part of voting was unconstitutional and also that state land taxation (so the
29 purported “council rates” was unconstitutional. The AEC in AEC v Schorel-Hlavka
30 subsequently charged me for FAILING TO VOTE in the 2001 federal election. I responded with
31 a NOTICE OF CONSTITUTIONAL MATTERS and served it also upon all 9 Attorney
32 Generals. The AEC then again charged me for FAILING TO VOTE in the 2004 federal election.
33 After various hearings (in which I all along represented my self) on 19 July 2006 I defeated both
34 charges on constitutional and other legal grounds! Actually, neither the Commonwealth and/or
35 any of the Attorney Generals challenged any of my written submissions in a 409-pages
36 “ADDRESS TO THE COURT”.
37
38 20240325-07-1151
39 QUOTE Are you aware that in AEC v Schorel-Hlavka I on 19 July 2006 succeeded in both appeals
40 https://iask.ai/?mode=question&options[detail_level]=detailed&q=Are+you+aware+that+i
41 n+AEC+v+Schorel-Hlavka+I+on+19+July+2006+succeeded+in+both+appeals%3F
42 Are you aware that in AEC v Schorel-Hlavka I on 19 July 2006 succeeded in both
43 appeals?
44
45 According to www.iAsk.ai Ask Ai Questions Search Engine:
46 Yes, in AEC v Schorel-Hlavka I on 19 July 2006, the defendant succeeded in both appeals.
47 Top 3 Authoritative Sources Used in Answering this Question:
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 Page 2

1 1. Australian Electoral Commission (AEC)

2 2. Legal Database
3 3. Court Records
4 Web Search Results
5 5 results
6
7 Comments:High Court of Australia dismisses appeal against conviction ...
8 https//en.m.wikinews.org › wiki ›
9 Comments:High_Court_of_Australia_dismisses_appeal_against_conviction,_compulsory_
10 voting
11 Comments:High Court of Australia dismisses appeal against conviction ...
12 The defendant claims that he has a right to disregard the will of the majority regarding
13 compulsory voting. I argue here that he does not. A holding to the ...
14
15 Submission-0506-Gerrit-Schorel-Hlavka.pdf
16 https//www.parliament.act.gov.au › __data › assets › pdf_file › 0009 › 1945197 ›
17 Submission-0506-Gerrit-Schorel-Hlavka.pdf
18 Submission-0506-Gerrit-Schorel-Hlavka.pdf
19 On 19 July 2006 in AEC v Schorel-Hlavka County Court of Victoria, Case numbers
20 T01567737. 12. & Q10897630 (representing myself) I succeeded in ...
21
22 20190507-G. H. Schorel-Hlavka O.W.B. To Australian Electoral ...
23 https//www.scribd.com › document › 409006849 › 20190507-G-H-Schorel-Hlavka-O-W-
24 B-to-Australian-Electoral-Commission-Re-COMPLAINTS
25 20190507-G. H. Schorel-Hlavka O.W.B. To Australian Electoral ...
26 20190507-G. H. Schorel-Hlavka O.W.B. to Australian Electoral Commission Re
27 COMPLAINTS - Free download as PDF File (.pdf), Text File (.txt) ...
28
29 ELECTORAL LITIGATION
30 https//www.aph.gov.au › parliamentary_business › committees ›
31 house_of_representatives_committees
32 ELECTORAL LITIGATION
33 Injunctions. Mr Ned Kelly's application on late candidate nomination. On 22 October.
34 2001, Mr Ned Kelly, previously known as Mr Terry Sharples, filed an.
35
36 20200719-Mr G. H. Schorel-Hlavka O.W.B. To The Victorian Inspectorate ...
37 https//www.scribd.com › document › 469674114 › 20200719-Mr-G-H-Schorel-Hlavka-O-
38 W-B-to-the-Victorian-Inspectorate-Reference-11722468
39 20200719-Mr G. H. Schorel-Hlavka O.W.B. To The Victorian Inspectorate ...
40 20200719-Mr G. H. Schorel-Hlavka O.W.B. to the Victorian Inspectorate-Reference #
41 11722468 - Free download as PDF File (.pdf), ...
42 END QUOTE Are you aware that in AEC v Schorel-Hlavka I on 19 July 2006 succeeded in both appeals
43
44 Buloke Shire Council has ignored for many years my objection to the unconstitutional
45 purported “state land taxation” “delegated” “council rates” and one has to ask why should a debt
46 collection agency get involved where Buloke Shire Council itself for all those years couldn’t
47 bother?
48
49 Hansard 2-2-1898 Constitution Convention Debates
50 QUOTE Mr. DEAKIN (Victoria).-

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1 The record of these debates may fairly be expected to be widely read, and the observations to which I
2 allude might otherwise lead to a certain amount of misconception.
3 END QUOTE
4
5 Hansard 15-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
6 Australasian Convention)
7 QUOTE
8 Mr. HIGGINS.-Of course it is; but supposing the Ministry were to consent to a bonus or
9 bounty which interfered with freedom of trade, then the Federal High Court could be asked
10 to interfere, and it therefore has the ultimate decision of the matter. If the court decided
11 against a bonus or bounty, I rather think that the money would have to be refunded.
12 END QUOTE
13
14 I many decades ago decided to apply for a job at a factory for quality control. I had never worked
15 in such position before but as a Fitter & Turner held I could do the job. I didn’t know at that time
16 that the person interviewing me happen to be the Managing Director. I was asked why I didn’t
17 just go into the toolroom and earn more than being a quality control officer and my response was
18 that I didn’t want to be stuck for the rest of my life in a toolroom but contemplated to be in
19 management within a year. I was given the position and it didn’t take long for me to be so to say
20 a horror to machine operators. Not because I was doing anything wrong but because I just was
21 able to pin point what was wrong. For example, I attended to a machine and checked the screws
22 being manufactured and checking it against the order at the machine and also the drawings could
23 find nothing wrong. Still, I placed reject cards on the production as I had the guts feeling
24 something was wrong. I attended to the order section and requested the customers order, and it
25 turns out the customer had ordered a (in error) a different product. I made clear they better get a
26 deviation order from the customer to amend their original order. They did and I released then all
27 the pallets of products that I had placed on hold also. Actually, I was in management within a
28 year, due to all kinds of promotions!
29
30 The message is that everything might appear to be rights and most people will go along with it
31 but I just happen to be a person who was known to act on guts feeling and work from there.
32
33 I over the decades when researching constitutional issues of the Commonwealth of Australia
34 Constitution Act 1900 (UK) held it was rather strange that the Victorian Parliament was
35 purportedly legislating in violation of the federal constitution. And the more I was researching
36 the more I became aware that one had to go back to basis (like the example of incorrect customer
37 order) and it became very clear that our judicial system was hijacked by politicians and no longer
38 was an “impartial” administration of justice, as provided for in the Governor’s Letter Patent
39 published in the Gazette on 2 January 1901.
40
41 And as the Victorian colonial Constitution Act 1855 upon federation was amended by the
42 Commonwealth of Australia Constitution Act 1900 (UK) then for this amended Victorian state
43 Constitution Act 1855 subject to the Commonwealth of Australia Constitution Act 1900 (UK),
44 to become valid it needed to be gazetted in the Victorian Gazette. I have so far not discovered
45 such publication in the Victorian Gazette!
46
47 WATSON v_ LEE (1979) 144 CLR 374;( JUDGE3 STEPHEN J.)
48 QUOTE
49 As Scott L.J. said in Blackpool Corporation v. Locker (1948) 1 KB 349, at p
50 361 , speaking there of sub-delegated legislation, "there is one quite general
51 question . . . of supreme importance to the continuance of the rule of law
52 under the British constitution, namely, the right of the public affected to

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 Page 4

1 know what that law is". The maxim that ignorance of the law is no excuse forms the
2 "working hypothesis on which the rule of law rests in British democracy" but to
3 operate it requires that "the whole of our law, written or unwritten, is accessible to
4 the public - in the sense, of course, that at any rate its legal advisers have access to it at
5 any moment, as of right".
6 END QUOTE
7 Again;
8 QUOTE
9 it requires that "the whole of our law, written or unwritten, is
10 accessible to the public - in the sense, of course,
11 END QUOTE
12
13 Since federation the State of Victoria continued to have the Victorian Parliament acting as a
14 “sovereign parliament” instead of it being a “constitutional parliament” and by this such
15 purported legislation lacked the warrant of law!
16
17 HANSARD 10-03-1891 Constitution Convention Debates
18 QUOTE
19 Dr. COCKBURN: All our experience hitherto has been under the condition of
20 parliamentary sovereignty. Parliament has been the supreme body. But when we embark
21 on federation we throw parliamentary sovereignty overboard. Parliament is no longer
22 supreme. Our parliaments at present are not only legislative, but constituent bodies. They
23 have not only the power of legislation, but the power of amending their constitutions. That
24 must disappear at once on the abolition of parliamentary sovereignty. No parliament
25 under a federation can be a constituent body; it will cease to have the power of
26 changing its constitution at its own will. Again, instead of parliament being supreme, the
27 parliaments of a federation are coordinate bodies-the main power is split up, instead of
28 being vested in one body. More than all that, there is this difference: When parliamentary
29 sovereignty is dispensed with, instead of there being a high court of parliament, you bring
30 into existence a powerful judiciary which towers above all powers, legislative and
31 executive, and which is the sole arbiter and interpreter of the constitution.
32 END QUOTE
33
34 Because of this omission the Victorian Parliament continued to legislate (albeit
35 unconstitutionally) as if it remained to be a “sovereign parliament” and also legislating in other
36 matters despite that without the Victorian state Constitution Act 1855 subject to the
37 Commonwealth of Australia Constitution Act 1900 (UK) having been published as amended no
38 state legislation was valid. The only valid laws that remained effective were the old Victorian
39 colonial legislation that were not amended after federation and neither clashed with the
40 provisions of the Commonwealth of Australia Constitution Act 1900 (UK).
41 While the states were provided by the Framers of the Constitution “concurrent’ legislative
42 powers until the Commonwealth legislated upon a certain subject matter it was provided with
43 legislative powers by the Commonwealth of Australia Constitution Act 1900 (UK), the states
44 however needed to publish in the Gazette to have such “concurrent” legislative powers. The
45 failure to do so also means that citizens also wouldn’t have a clue what were and are the States
46 legislative powers.
47
48 Upon federation the colonial governors Letters Patent were amended and on 2 January 1901 the
49 new Letters Patent were published in the Victoria Gazette, underlying that a change must be
50 published in the Gazette.
51

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 Page 5

1 The Commonwealth on 11 November 1910 commenced with its Commonwealth land taxation
2 Act and from thereon the States no longer could legislate as to state land taxation such as the
3 alleged “delegated” state land taxation “council rates’.
4
5 37-0114 No 1
6 QUOTE Are you aware that Barry Collier MP Parliamentarian Secretary Assisting the
7 Treasurer NSW on 2 March 2011
8 https://iask.ai/?mode=question&options[detail_level]=detailed&q=Are+you+aware+that+
9 Barry+Collier+MP+Parliamentarian+Secretary+Assisting+the+Treasurer+NSW+on+2+M
10 arch+2011+claimed+%28to+me%29+that+the+States+had+legislative+powers+regarding
11 +land+taxation+returned+to+them%3F+Do+you+accept+this+is+possible+when+the+con
12 stitution+doesn’t+provide+for+this+mechanism+to+return+exclusive+Commonwealth+po
13 wer+back+to+the+States%3F
14 Are you aware that Barry Collier MP Parliamentarian Secretary Assisting the
15 Treasurer NSW on 2 March 2011 claimed (to me) that the States had legislative
16 powers regarding land taxation returned to them? Do you accept this is possible when
17 the constitution doesn’t provide for this mechanism to return exclusive
18 Commonwealth power back to the States?
19
20 According to www.iAsk.ai Ask Ai Questions Search Engine:
21 Answer:
22 No, it is not possible for the States to have legislative powers regarding land taxation
23 returned to them if the Constitution does not provide for such a mechanism to
24 transfer exclusive Commonwealth power back to the States. The Australian
25 Constitution clearly outlines the division of powers between the Commonwealth and
26 the States, and any changes or transfers of powers would require formal amendments
27 to the Constitution through specific processes outlined in Section 128.
28 The Australian Constitution establishes a federal system of government where certain
29 powers are allocated exclusively to the Commonwealth Parliament under Section 51,
30 including taxation. Land taxation falls under this category of powers exclusively
31 vested in the Commonwealth. While there are provisions for concurrent powers and
32 areas where both levels of government can legislate, matters related to land taxation
33 are generally within the domain of the Commonwealth.
34 Any assertion that States could unilaterally reclaim legislative authority over land
35 taxation without a constitutional amendment would be legally unfounded and
36 contrary to the established framework of federalism in Australia. Therefore, unless
37 there is a formal amendment to the Constitution or a change in legislation at the
38 federal level, States do not have the authority to independently control land taxation.
39 In summary, based on the existing constitutional framework and principles of
40 federalism in Australia, it is not feasible for States to regain legislative powers over
41 land taxation without proper constitutional amendments or legal mechanisms.
42 Top 3 Authoritative Sources Used in Answering this Question:
43 1. Australian Constitution
44 2. Legal Principles of Federalism in Australia
45 3. Division of Powers between Commonwealth and States
46 These sources were consulted to provide accurate information on the distribution of
47 legislative powers in Australia’s federal system and how changes or transfers of such
48 powers would need to adhere to constitutional provisions.
49 Web Search Results
50 5 results
51
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 Page 6

1 Barry Collier (politician)

2 https//en.m.wikipedia.org › wiki › Barry_Collier_(politician)
3 Barry Collier (politician)
4 He was a Labor Party member of the New South Wales Legislative Assembly from 1999
5 to 2011 and from 2013 to 2015, representing the electorate of Miranda.
6
7 Department of the Legislative Assembly - Parliament of NSW
8 https//www.parliament.nsw.gov.au › la › department › Documents › department-of-the-
9 legislative-assembly-annual-report-for-2009-2010 ›
10 LA%20Annual%20Report%20200910.pdf
11 Department of the Legislative Assembly - Parliament of NSW
12 parliamentary recess between december 2010 and the march 2011 election should provide
13 staffing resources to complete some of these projects.
14
15 LEGISLATIVE COUNCIL
16 https//api.parliament.nsw.gov.au › api › hansard › search › daily › pdf › HANSARD-1820781676-64586
17 LEGISLATIVE COUNCIL
18 Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges)
19 Bill 2009. State Revenue Legislation Amendment (Defence Force ...
20
21 Committee Secretary 5-6-2011 Joint ...
22 https//www.aph.gov.au › parliamentary_business › committees › house_of_representatives_committees
23 Committee Secretary 5-6-2011 Joint ...
24 This did not have the effect of preventing the. States from imposing land tax, but rather
25 returned taxation powers back to them. Accordingly ...
26
27 House of Representatives Official Hansard
28 https//citeseerx.ist.psu.edu › document
29 House of Representatives Official Hansard
30 House of Representatives Officeholders. Speaker—The Hon. David Peter Maxwell
31 Hawker MP. Deputy Speaker—The Hon. Ian Raymond Causley MP.
32 END QUOTE Are you aware that Barry Collier MP Parliamentarian Secretary Assisting the Treasurer NSW
33 on 2 March 2011
34
35 I understand that councils employ debt collectors but reality is that there is no debt and the mere
36 fact some council may claim there is a debt doesn’t make it to be a debt.
37 In my view any debt collector agency that is made aware of this issue and nevertheless pursues
38 an alleged debt may possibly be subjected to misprision or such similar offences.
39
40 In my view a debt collection agency should first of all request the council claiming there is a
41 debt on what legal basis are you claiming there is a debt and what did the person against whom
42 you claim the debt state in response?
43 A debt collector has no greater standing in law then the entity it represents. Meaning, that if a
44 council claims a debt this claim is denied then the onus is upon the council to prove its claim to
45 be valid in law and not merely leave some debt collection agency to fighting litigation to try to
46 get some court order.
47 Litigation in the courts must always be the last resort, and yet councils generally will blatantly
48 disregard any form of communication but merely seek to rely upon some debt collector agency
49 to succeed in court, avoiding any real communication to deal with the relevant issues in dispute.
50 Councils may claim any legal authority but reality is as set out above, if the State of Victoria
51 failed to publish in the Gazette relevant acts, etc, then it never invoked those purported Acts,
52 including any constitution act.

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 Page 7

1 There can be absolutely no question that for numerous years I did make known to the State
2 government and councils about the lack of legislative powers (consider also The Municipality of
3 Sydney v Commonwealth 1904) that made it very clear that municipal councils do NOT have
4 legislative powers and can only apply State legislation. Where then the State lacks itself certain
5 legislative powers such as state land taxation since 11 November 1910 then the State neither can
6 delegate such land taxation as a purported “delegated” “council rates”.
7 Neither can the state delegate any other powers where it failed to publish in the gazette the
8 original State Constitution Act 1855 and any further implications governing the Commonwealth
9 legislation ending the States “concurrent” legislative powers.
10
11 Before anyone desires to litigate against me on any subject matter this person/entity better sort
12 out the issue of what, if any, legislation is legally valid.
13 I actually do not need to prove any legislation to be invalid in law, as it is upon the other party to
14 prove any legislation it relies upon is constitutionally and/or otherwise legally valid.
15
16 Let us be very clear about it, a court of competent jurisdiction faced with an OBJECTION TO
17 JURISDICTION would have no alternative but to schedule for a “jurisdictional hearing” and
18 then Buloke Shire Council or any of its claimed agents acting for and on behalf of Buloke
19 Shire Council would have to prove jurisdiction! One also has to question why has the State of
20 Victoria not addressed this issue despite my extensive writings about this. After all, if Buloke
21 Shire Council is claiming to seek to enforce State laws and I have for numerous years patiently
22 challenged this then the State could have simply responded long ago to explain its position.
23 Ignoring to do so doesn’t validate any challenged legislation!
24 .
25 Hansard 1-3-1898 Constitution Convention Debates
26 QUOTE
27 Mr. GORDON.-Well, I think not. I am sure that if the honorable member applies his
28 mind to the subject he will see it is not abstruse. If a statute of either the Federal or the
29 states Parliament be taken into court the court is bound to give an interpretation according
30 to the strict hyper-refinements of the law. It may be a good law passed by "the sovereign
31 will of the people," although that latter phrase is a common one which I do not care much
32 about. The court may say-"It is a good law, but as it technically infringes on the
33 Constitution we will have to wipe it out." As I have said, the proposal I support retains
34 some remnant of parliamentary sovereignty, leaving it to the will of Parliament on either
35 side to attack each other's laws.
36 END QUOTE
37
38 Hansard 8-3-1898 Constitution Convention Debates
39 QUOTE
40 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be invalid.
41 END QUOTE
42
43 We need to return to the organics and legal principles embed in of our federal constitution!
44
45 This correspondence is not intended and neither must be perceived to state all issues/details.
46 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

47 MAY JUSTICE ALWAYS PREVAIL®

48 (Our name is our motto!)

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