Supreme Court rules Australian Constitution "discredited"

Discussion in 'General Precious Metals Discussion' started by goldpelican, May 9, 2012.

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  1. goldpelican

    goldpelican Administrator Staff Member

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    goldpelican, May 9, 2012
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  2. RhythmDoctor

    RhythmDoctor Active Member

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    Just as I first thought.

    Everyone (including those sovereign man 'no contract' types is high and mighty when quoting or using archaic elements of the law.

    They all end up with a sore bum afterwards.
     
    RhythmDoctor, May 9, 2012
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  3. Prior

    Prior Member Silver Stacker

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    Well durr the constitution was made invalid when the Australian Corporation Act was enacted back in the 80's.
     
    Prior, May 9, 2012
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  4. Guest

    Guest Guest

    Good on him.

    I heard of one guy who refuses to pay to use the toll roads on constitutional grounds. For memory he got away with it..can't find the link though.
     
    Guest, May 9, 2012
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  5. hawkeye

    hawkeye New Member Silver Stacker

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    Maybe it was RC :)

    I don't know whether this guy had a good argument or not, but I do believe what a lot of goes on in courts more often depends on who is the best arguer rather than what the actual law is. Look at OJ for example. There's a reason why the rich pay for the higher paid lawyers.

    You also have the problem that the judges pay packet comes, at least partially, from the fines that are extracted from people in courts. Conflict of interest maybe....
     
    hawkeye, May 10, 2012
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  6. Jislizard

    Jislizard Well-Known Member Silver Stacker

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    If "it has long been discredited" then surely it would have been written down somewhere. Or maybe you need to be a lawyer to know where.

    It appears you can pick and chose which parts of the constitution suit you best, well, you can't, but the system can!

    The guy was speeding, and got caught. He is not an innocent victim. The Police's single minded revenue raising tactics do not allow for any other form of punishment, they couldn't give him community service instead?

    Not sure why he didn't use a Gold Koala to pay the fine, or a sovereign. Both are available, not sure if the Sov is legal tender but the Koala is.
     
    Jislizard, May 10, 2012
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  7. aleks

    aleks Well-Known Member Silver Stacker

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    Your Honour, who do you represent?
     
    aleks, May 10, 2012
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  8. thatguy

    thatguy Active Member

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    Can you use Koalas at face value???? I suspect not, there would be many beneficial tax implications if this was so.
     
    thatguy, May 10, 2012
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  9. Jislizard

    Jislizard Well-Known Member Silver Stacker

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    They are legal tender when it suits the system, not when it suits you.

    Besides who would want to spend $400+ just to pay a $200 fine?
     
    Jislizard, May 10, 2012
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  10. thatguy

    thatguy Active Member

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    If they were legal tender I could without not much effort arrange to be paid in $200 coins, but they are not and I would get into twouble... big twouble
     
    thatguy, May 10, 2012
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  11. Jislizard

    Jislizard Well-Known Member Silver Stacker

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    My Father-in-Law used to get paid in Sovereigns, he didn't trust the Greek Drachma for some reason.

    He still has some of the sovereigns, he still has some of the drachmas as well but they are worthless.
     
    Jislizard, May 10, 2012
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  12. goldpelican

    goldpelican Administrator Staff Member

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    "there is no gold and silver coins in common circulation"

    $200 Koalas have never been "sold" from official channels for face - they were released as non-circulating legal tender, so that supports the common circulation statement.
     
    goldpelican, May 10, 2012
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  13. dollars

    dollars Active Member Silver Stacker

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    .
     
    dollars, May 10, 2012
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  14. trew

    trew Active Member Silver Stacker

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    he is technically wrong in his argument but the powers that be haven't figured it out yet

    1966 50c coins are made of silver and are circulating
    damn expensive way to pay fines at face value

    I'm sure the tax office will take an interest in his bragging of not paying income tax for 15 years
     
    trew, May 10, 2012
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  15. Prior

    Prior Member Silver Stacker

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    http://www.comlaw.gov.au/Details/C2004C00704

    I didn't mean the corporations act, got mixed up.

    While this act was enacted by the PM at the time it was never put to referendum. It proclaims to not interfere with the Westminster act or the commonwealth constitution act but after reading the whole thing it "modifies" a lot in the latter sects.

    OP underlines my premise.
     
    Prior, May 10, 2012
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  16. dcl

    dcl Member

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    It simply says that states cannot create money that isn't gold or silver. The 'nation' for lack of a better word, can.
     
    dcl, May 10, 2012
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  17. JulieW

    JulieW Well-Known Member Silver Stacker

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    [youtube]http://www.youtube.com/watch?v=lFoyReQoA38[/youtube]

    They only let us escape if it is overbudget.

    http://youtu.be/MRvr6dE3Qlw
     
    JulieW, May 10, 2012
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  18. bron suchecki

    bron suchecki Active Member Silver Stacker

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    I don't think whether they have or have not circulated is not relevant. They (and Perth Mint 2oz coins) are $200 legal tender so if the prosecution knew anything about coins, they just could have turned his argument against him and made him pay in the Koalas. Anyway, that's the position I took here http://www.perthmintbullion.com/blo...ine_Because_No_Gold_Coins_In_Circulation.aspx
     
    bron suchecki, May 10, 2012
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  19. RhythmDoctor

    RhythmDoctor Active Member

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    Julie, thats gotta be one of my favourite movies right there... Lucas definitely was kubricks understudy!

    *virtual high five* :)
     
    RhythmDoctor, May 10, 2012
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  20. goldpelican

    goldpelican Administrator Staff Member

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    I think it would be fair to discern between "circulating legal tender" and "non circulating legal tender" though for the point of the argument. He could also have paid in 1966 50c coins, which are circulating legal tender (the only decimal precious metal circulating legal tender?) but again, these are not in common circulation.

    Oh for an Australian Krugerrand equivalent! Anything in Commonwealth law stating that legal tender must have face value in Australia?

    Legal tender 1oz Gold Black Swan with no denomination?
     
    goldpelican, May 10, 2012
    #20
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