Wednesday, Nov 19, 2014 at 15:42
Good luck with your lawyer, Bantam, when you try your argument out in court!
I think a lot of people are confused about "rights" and "freedoms" here in Australia.
They become confused with a lot of American propaganda from American Libertarians, who essentially believe no Govt has any authority over people.
This is not true anywhere in the world - even in America, with its tradition of grassroots rebellion against authority.
The Australian Constitution has no Bill of Rights, unlike the American Constitution, and it has no personal freedoms specifically outlined.
Under our Constitution we can have our travel curtailed under quite a number of circumstances, by legally and constitutionally authorised laws, enacted by the Govt of the day.
One of the most powerful laws in our Constitution is the power given to our elected Govt to restrict travel for reasons of national security and keeping of the peace.
In the event of War in Australia, travel restrictions on everyone would almost certainly be introduced, and the Govt of the day has the necessary powers to do so under the Constitution.
In the case of the toll roads, they are not "Govt roads", they are privately funded constructions, and ownership of the land the toll road is constructed on, is vested in the company who builds the toll road - just the same as you have freehold or leasehold over the land you own, that gives you rights over it.
A lot of toll road agreements are limited to set periods (something like 50 yrs), after which time the toll road reverts to the Govt. In most toll road agreements, they are referred to as "Franchises" and "Concessions", and these arrangements are all legally and constitutionally authorised.
I think some of the misconceptions that arise in peoples minds come from the criminal laws that originally were specifically aimed at highway robbery.
These laws contained wording such as "infringing on the rights of citizens to freely travel the Kings/Queens highway, etc".
This terminology was used specifically to identify UNAUTHORISED, ILLEGAL and CRIMINAL stoppages of citizens upon the Kings/Queen highways - not the legally and constitutionally authorised powers given to Govts of the day to enact laws, rules and regulations to facilitate peace and trade, and to control the movement of otherwise free citizens.
Cheers, Ron.
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Follow Up By: get outmore - Wednesday, Nov 19, 2014 at 16:37
Wednesday, Nov 19, 2014 at 16:37
yes we have freedoms in this country but it is not a free country
while subtle countries like America give thier people far more rights and freedoms
- you be the judge if thats a good thing
can be funny. At the Mexican border Drugs are flat out being taken north because its easier to get them from there and Guns are flat out going south because its easier to get them there
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