Australian Government Solicitors Fact Sheet 12, mysteriously GONE from their website. Thanks to web archiving tools, we found it again.
Fact_sheet_No_12 (pdf) Some of the relevant sections highlighted
From Fact Sheet 12:
Commonwealth government bodies are bound by the ACL as a law of the Commonwealth in the same way that they were previously bound by the consumer protection provisions of the TPA. That is, the ACL binds the Crown in right of the Commonwealth to the extent that it is carrying on a business, either directly or by an authority of the Commonwealth, as if the Crown were a corporation: CCA, s 2A.
All of the govco are corporate entities BOUND by Australian Consumer Law, the Competition and Consumer Act 2010.
https://www.legislation.gov.au/Details/C2023C00043/Html/Volume_4#_Toc128659038
There is a LOT to explore in this document, but here are just a few snippets. (will add more as time permits).
Schedule 2, Section 40 (see listed on Fact Sheet 12)
40 Assertion of right to payment for unsolicited goods or services
(1) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited goods unless the person has reasonable cause to believe that there is a right to the payment.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(2) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited services unless the person has reasonable cause to believe that there is a right to the payment.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(3) A person must not, in trade or commerce, send to another person an invoice or other document that:
(a) states the amount of a payment, or sets out the charge, for unsolicited goods or unsolicited services; and
(b) does not contain a warning statement that complies with the requirements set out in the regulations;
unless the person has reasonable cause to believe that there is a right to the payment or charge.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(4) In a proceeding against a person in relation to a contravention of this section, the person bears the onus of proving that the person had reasonable cause to believe that there was a right to the payment or charge.
Now, after sending a full set of Notices, establishing via an Estoppel, the supplier (Council) has no reasonable cause to believe that there is a right to payment.
Volume 4
Schedule 2 – The Australian Consumer Law
Chapter 3
Part 3‑2—Consumer transactionsDivision 1—Consumer guarantees
Subdivision A—Guarantees relating to the supply of goods
53 Guarantee as to undisclosed securities etc.
(1) If:
(a) a person (the supplier) supplies goods to a consumer; and
(b) the supply is not a supply of limited title;
there is a guarantee that:
(c) the goods are free from any security, charge or encumbrance:
(i) that was not disclosed to the consumer, in writing, before the consumer agreed to the supply; or
(ii) that was not created by or with the express consent of the consumer; and
(d) the goods will remain free from such a security, charge or encumbrance until the time when the property in the goods passes to the consumer.
(2) A supplier does not fail to comply with the guarantee only because of the existence of a floating charge over the supplier’s assets unless and until the charge becomes fixed and enforceable by the person to whom the charge is given.
Note: Section 339 of the Personal Property Securities Act 2009 affects the meaning of the references in this subsection to a floating charge and a fixed charge.
Now, when the Registrar supplies the Birth Certificate (after the “Informant”/Grantor unintentionally grants the child to the State), did they disclose there was therefore a Trust created, upon which securities, bonds would be created and traded?
Chapter 3—Specific protections
Part 3‑1—Unfair practices
Division 1—False or misleading representations etc.
29 False or misleading representations about goods or services
(1) A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services:
(a) make a false or misleading representation that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; or
(b) make a false or misleading representation that services are of a particular standard, quality, value or grade; or
(c) make a false or misleading representation that goods are new; or
(d) make a false or misleading representation that a particular person has agreed to acquire goods or services; or
(e) make a false or misleading representation that purports to be a testimonial by any person relating to goods or services; or
(f) make a false or misleading representation concerning:
(i) a testimonial by any person; or
(ii) a representation that purports to be such a testimonial;
relating to goods or services; or
(g) make a false or misleading representation that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits; or
(h) make a false or misleading representation that the person making the representation has a sponsorship, approval or affiliation; or
(i) make a false or misleading representation with respect to the price of goods or services; or
(j) make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods; or
(k) make a false or misleading representation concerning the place of origin of goods; or
(l) make a false or misleading representation concerning the need for any goods or services; or
(m) make a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3‑2); or
(n) make a false or misleading representation concerning a requirement to pay for a contractual right that:
(i) is wholly or partly equivalent to any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3‑2); and
(ii) a person has under a law of the Commonwealth, a State or a Territory (other than an unwritten law).
Note 1: A pecuniary penalty may be imposed for a contravention of this subsection.
Note 2: For rules relating to representations as to the country of origin of goods, see Part 5‑3.
(2) For the purposes of applying subsection (1) in relation to a proceeding concerning a representation of a kind referred to in subsection (1)(e) or (f), the representation is taken to be misleading unless evidence is adduced to the contrary.
(3) To avoid doubt, subsection (2) does not:
(a) have the effect that, merely because such evidence to the contrary is adduced, the representation is not misleading; or
(b) have the effect of placing on any person an onus of proving that the representation is not misleading.
Now, if it was not disclosed to a man that he may travel freely without hindrance under the Commonwealth, but was led to believe, coerced into purchasing a drivers license and vehicle registration, but they are both NOT required when travelling in a private capacity, s92 Commonwealth of Australia Constitution.
92 Trade within the Commonwealth to be free.On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
See the Constitution.