John Smith
10 Smith Street
Smithville
VIC 3333
28th April 2007
Senior Constable Iva Radar
Smithville Traffic Management Unit
1 Copper Street
Smithville
VIC 3333
Obligation Number: 0000000000
Re: Infringement Notice 23456789
Dear Iva Radar and VICTORIA POLICE,
Your claim is conditionally accepted for value on the grounds that you, Iva Radar
and VICTORIA POLICE SERVICE now provide a sworn affidavit and supporting
documentation that substantiates your claim that the Speed Measuring Device that
you have used to allegedly record the speed of my automobile on 10th April 2007
conforms to the National Measurement Act 1960 (Cth) in respect of its use for
making measurements for any legal and monetary purpose.
I am seeking certification that the speed measuring device is both a legal and
certified measurement device to measure and record in accordance with the
Australian legal units of measurement, as defined by the National Measurement Act
1960 (Cth). The only lawful way of doing this is to provide the specific NSC
(National Standards Commission) number that has been allocated to this device and
by providing a copy of the certificate that has been issued for this device under
Regulation 13 of said Act.
I am also seeking certification that the device is used in accordance with the
training manual and operators manual that relates to this device and that you
adhered to all the guidelines/policies for the use of this device in the state of
Victoria, issued by VICTORIA POLICE SERVICE.
I seek further certification that Code/Road Rule 1234 is actually part of a current,
legal and valid law in the State of Victoria. I will require certification that this law
has in fact been legally enacted by the Victorian Parliament in the Queens name.
I will endeavour to dis-charge the associated tax, conditional on the grounds that I
receive from you the sworn affidavit and supporting documentation that
substantiates your claim that the above documents do indeed exist. Upon receipt of
these documents and certification, I will require further information from you as to
how I am able to lawfully, constitutionally, meaningfully and conscientiously
extinguish or dis-charge an alleged debt/tax in excess of AU$20 in the
Commonwealth of Australia without breaching the Currency Act 1965, specifically
Sections 9, 11, 16 and 22, considering that the highest denomination coin in
common circulation in the Commonwealth of Australia is the AU$2 coin.
Additionally, the conflict that exists regarding the face value of coins makes it
impossible to value the Australian dollar.
Iva Radar and VICTORIA POLICE SERVICE shall produce proof of claim within
28 days upon receipt hereof with the affidavit and attached supporting
documentation as aforementioned, or Iva Radar and VICTORIA POLICE
SERVICE shall:
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1.
admit and agree that no such documentation can be produced by Iva Radar and
VICTORIA POLICE SERVICE; and,
2.
admit and agree that Iva Radar and VICTORIA POLICE SERVICE cannot
enforce speed limits by means of the readings obtained from a device that is not
compliant with the laws of the Commonwealth in respect of legal metrology;
and,
3.
agree that where there is an inconsistency between a law of the Commonwealth
and a law of a State, the law of the Commonwealth shall prevail and the law of
the State shall be invalid to the extent of the inconsistency as set out in Section
109 of the Commonwealth Constitution Act 1900UK; and,
4.
agree that Iva Radar and VICTORIA POLICE SERVICE are bound by
covering clause 5 of the Commonwealth of Australia Constitution Act 1900UK;
and,
5.
agree that Iva Radar and VICTORIA POLICE SERVICE knowingly, willfully
and intentionally failed to present proof of claim within the time certain,
specified and allotted herein; and,
6.
agree that the conditions required in this Conditional Acceptance are not
frivolous or vexatious; and,
7.
agree to be prohibited from taking unlawful action based on a radar reading
against John Smith by way of any fine or any lawsuit or any procedure for
taking or confiscation or allocating demerit points in relation to a driver’s
licence, which may occur as a result of this alleged infringement ; and,
8.
agree that no officer or representative of VICTORIA POLICE SERVICE may
attempt to perform any act which is unlawful, or falsely represents that they and
VICTORIA POLICE SERVICE are acting in full accord with the laws of the
Commonwealth and the laws of Her Majesty the Queen in the State of Victoria;
and,
9.
agree that any such attempt may constitute a breach of Section 43 of the Crimes
Act 1914 (Cth); and,
10. agree
that John Smith has and retains the right to claim damages as a result of
any adverse or harmful effects upon him brought about by the actions of Iva
Radar and VICTORIA POLICE SERVICE and/or it’s officers; and
11. agree
that the only way that Iva Radar and VICTORIA POLICE SERVICE may
reject this agreement and consensual contract is by way of providing the
requested sworn affidavit and attached supporting documentation within the
time stipulated in this agreement, and in no other written or verbal manner.
If Iva Radar and VICTORIA POLICE SEVICE agree to the aforementioned terms
and conditions of agreement and contract, then simply do nothing within the
allotted time for response.
Yours Sincerely,
John Smith
N.B. This document is to be used Without Prejudice towards the author. All rights reserved
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