Letter You Can Give to Businesses Explaining How Mandates Are Illegal Under Australian Federal Law
This letter deals with a topic which gets absolutely no discussion by the media or governments. They are completely focused on the Covid-19 Medical Emergency, as if this is our only problem. In fact they ignore a much bigger problem, the Covid-19 Legal Emergency. All the mandates they put in place are illegal. The Federal government is publicly advocating that the States deliberately order people to do things, or not do things, which are contrary to Federal law. The only way to understand this is to realize that the Federal and State governments are forced to make these demands in order to introduce the New World Order. They are very dangerous because all the plans of the NWO are also illegal. The only purpose of the virus propaganda is to get people accustomed to the introduction of illegal and Draconian demands. The purpose of this letter is to draw this to peoples' attention in a polite and non-confrontational way. This is not an alternative to public protest. It is another way we can fight back against our puppet governments. This is a way to expose how they are completely changing our society by removing all rights and freedoms essential to our personal lives and even our ability to earn a living. When your government says "Don't talk to your neighbour" its time to talk to your neighbour!
Your city, state
I am a law abiding citizen of Australia. Like most people I respect our laws and expect others to do the same. However our State Government has created mandates which require shops, offices, and many locations to exclude people who don't wear masks or don't record their visit with the QR code system.
Shortly I will show how these mandates are illegal in Australia, but first I would like to explain why nobody should follow them or enforce them. Australia has a Constitution and a process by which laws can be created. These laws are like the air we breathe. We may not think about our supply of oxygen every minute, but we certainly notice when we are no longer able to breathe fresh air. Fresh air sustains all of us. The State and Federal laws of Australia are the same. They protect you and your business as well as the rest of us. It is illegal for someone to physically attack you, your staff or your customers. It is illegal for people to destroy property in your business or take items without paying for them. Laws provide the invisible structure of our society we rely on every day.
It doesn't matter whether you think these mandates are justified or not. They are illegal. When you enforce them, you are acting contrary to Australian law, just as much as if you did not pay your taxes or burnt down your neighbor's house. The same is true for the Police. The Police have no more legal right to enforce these mandates than you or your employees.
Making someone wear a mask in your business may seem trivial, but some of the other mandates involve more serious breaches of the law. The “No jab, no job.” policy is being applied across the country. Under Australian law, it is illegal to perform any medical procedure on a person who has not given informed consent. This is how all medical procedures have been carried out for decades in Australia, using a policy based on the Nuremberg Code of 1947. Thus “No jab, No job.” is clearly illegal coercion, forcing people to accept an injection without informed consent. There is of course a simple way to avoid illegal, forced vaccination. If governments, believing the vaccinations are safe and effective, allowed us to chose whether we need this protection, people who are concerned could protect themselves and those who believe they are not necessary would avoid them.
You may wish to seek legal advice on my claim that the mandates are illegal under Australian Federal law. Note that according to the Australian Constitution, if there is a conflict between State and Federal legislation, the State legislation is always seen as invalid and unenforceable. In any case, if you decide for your own reasons to still enforce these mandates in your business, this letter will serve as a warning. Ignoring our laws and Constitution is more dangerous than any medical emergency. You may think that a vaccine will protect your health, but what will protect you from the actions of Police and governments who have absolutely no regard for our laws or our Constitution?
It is possible under the Australian Biosecurity Act 2015 to require someone to wear a mask anywhere or in some specific locations. However there are several clearly defined legal conditions under which such a direction can be issued to anyone. It is most unlikely than any employee in your business can legally force a person to wear a mask under the Biosecurity Act. The same is true for Police. Here are some of the conditions needed to legally force a person to wear a mask:
60 Only the following people may impose a biosecurity control order on an person: (a) a chief human biosecurity officer; (b) a human biosecurity officer; (c) a biosecurity officer. (Notice these orders apply to individual people, not all people in any given location.)
63 An officer who imposes a human biosecurity control order on a person must give them a copy of the order and make sure the contents of the order are read out to them.
88 The Act states that an person may be required by a human biosecurity control order to wear specified equipment designed to prevent a disease from emerging, establishing itself or spreading.
The Australian Privacy Act 1988 has very clear directions about the use of QR codes to track our movements. Such a system is legal however it is illegal to force a person to use a QR code or to deny them entry or services without it. What follows is a summary of relevant parts of section 94H:
94H Requiring the use of COVIDSafe
(1) A person commits an offence if the person requires another person to:
(a) download COVIDSafe to a communication device; or
(b) have COVIDSafe in operation on a communication device; or
(c) consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
(2) A person commits an offence if the person:
(c) refuses to allow another person to enter:
(i) premises that are otherwise accessible to the public; or
(ii) premises that the other person has a right to enter; or
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
The legal position of vaccine passports is like that of QR codes. As such they are legal, however the Privacy Act states quite clearly in Division 2, Australian Privacy Principles, that there are only very limited conditions under which an organisation is permitted to collect, use or disclose your health information. What follows is a copy of part (1) of section 16B:
16B Permitted health situations in relation to the collection, use or disclosure of health information
(1) A permitted health situation exists in relation to the collection by an organisation of health information about a person if:
(a) the information is necessary to provide a health service to the person; and
(i) the collection is required or authorised by or under an Australian law (other than this Act); or
(ii) the information is collected in accordance with rules established by health or medical bodies.
ARE YOU CONFUSED? LET ME SUGGEST AN EXPLANATION
It is easy to understand the legal confusion created by mandates once you realize that Australia, like the UK, has a Common Law legal tradition. I am not a lawyer but I have see it explained as follows: In the Continental legal tradition found in France or Germany, an action is illegal unless it is allowed by law. In the Common Law tradition, and action is allowed unless it is forbidden. These mandates come from the Continental tradition, where law must define what is allowed. They cannot be laws in the Common Law tradition where laws define what you can't do. Everything required in the Covid Emergency is illegal according to the letter of the law and contrary to the spirit of Common Law rights and freedoms. They are completely alien to centuries of English-speaking legal tradition.
Informed consent to medical treatment: Australian Law Reform Commission (20.05.2014)
Biosecurity Act 2015 (Pages 72, 74-75, 93-94)
Privacy Act 1988 (Pages 85, 303-304)