[Jaebin]

We need in Australia to simplify the approach to our claim, we need to confirm the correct usage of terms from legislation to stick the trustee to the Crown – where it belongs. And, getting correct standing and titles.
I have started this topic to only talk about perfecting the interest in Australia, all states, and the PPSR protocols.
The Canadian BirthCert was a good example, no need to change much, but I would like to confirm legislation quoted for each for reference and we can bounce this of each other.

[Glenn J]

I haven’t seen any of the birth certificate with any writing on it so far. .Darren did say that it needs to contain wording that means “assignment of a security interest” (likely PPSA), “surety discharging an obligation” (I’ve seen references in the Crimes Act, but not sure if recognizance will suffice for obligation), “transferring the security interest to the secured party” (likely PPSA) again. Put in some Equity maxims, add in adverse claim and I think thats it

[: Michael-Charles:]

Following this topic with interest. I’m on Bentleigh East Melbourne

[Dino]

12 Meaning of security interest

(1) A security interest means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation (without regard to the form of the transaction or the identity of the person who has title to the property).

[Bebedok]

Great I just watched their “how to” zoom and joined this group so learning where we are up to and exactly what we need. Is there a list somewhere, I’m still learning to navigate the site?
The process looks very straightforward once we convert to our departments and legislation

[Paul]

I have to say that slowly trying to piece the former part to the part I’m reading, is it easier to understand another way?

[Peter]

It looks like the PPSA has this one covered under section 261 & 262
“assignment of a security interest”
http://classic.austlii.edu.au/au/legis/cth/consol_act/ppsa2009356/s262.html

[Bebedok]

Thanks Jaebin on a quick scan you have made a really great start. I will start to look at the legislation

[Matt BW]

thanks Peter have been searching for australian links to match also, security of interest. I thought they were getting it relevant to the state of birth????henceAUSTRALIA – Western Australia. Marketable Securities Transfer Act 1970. 
https://www.slp.wa.gov.au/pco/prod/filestore.nsf/FileURL/mrdoc_1352.htm/$FILE/Marketable%20Securities%20Transfer%20Act%201970%20-%20%5B01-a0-08%5D.html?OpenElement
so hoping we can get links here… or believe somebody already has. still working my way through, the information i have and the videos….

[Josh]

We are trying to do the same with transposing… It’s not easy. But appreciate other great minds working together. The Canadian Acts that Darren used were based on the following:

The Securities Transfer Act
The Personal Property Security Act
The Real Property Act
The Proceedings Against the Crown Act
The Trustee Act

I’m in New South Wales. We are trying to transpose the legislations also.
We do not have a Securities Transfer Act, so we need to be a little creative.

The Following acts are the best parallel legislations we’ve come up with.

Conveyancing Act 1919
Personal Property Securities Act 2009
Real Property Act 1900 NSW
Crown Proceedings Act 1988 NSW
Trustee Act 1925 NSW

Other legislations that look like they have some validity:
Succession Act 2006
Conveyancing and Law of Property Act 1898
Payment Systems and Netting Act 1998
Probate and Administration Act 1898
NSW Trustee and Guardian Act 2009
Corporations Act 2001
Trustee Companies Act 1964

I have extracted the full Canadian legislations including their section content that Darren used in his application. I can provide this if anyone wants, so we can see the context of each section and find Australia’s corresponding Act.

• This reply was modified 2 years, 3 months ago by Josh.

[Glenn J]

Hey bro,

I have just been looking at the summary you did on the 1st page of the redemption process.
I have noticed that you have selected a sheriff to send the BC to. Is that because of the pending court case? I was of the opinion that would go back to BDM as they were the issuer..

The notice of upcoming claim of redemption, I think you are calling it form of constructive notice .. I see you have that under the attorney general heading.. Do you think it would be better to send it to land titles? I’ve come across a link to upload a custom document to land titles all over Australia .. http://lrforms.arnecc.gov.au/lrforms/NationalMortgageForm/Entry

The 3rd section that you have is under registrar general? That’s BDM is it?

There is so much info now, you can almost go in any direction without context..
I’ve watched Darren & Jodi’s video a few times now .. Step one is the BC.. it looks like sending it back to the issuer which is BDM
The second step looks like Land Titles.. upcoming notice of an adverse claim..
3rd Step is the security agreement.. I’m up in the air on this one.. I’m thinking at the moment it can and should go with the BC as an addendum to what you write on the BC itself.. although I think he said you could do either or..

So right now, in my mind I have the steps like this.
Step 1. Complete the BC, send it back to BDM (maybe with the security agreement attached)
Step 2. Notice of adverse claim and warning of sorts not to register the upcoming certificate
Step 3. PPSR to register the security and gain CONTROL over the estate

Does that sound right to you or am I oversimplifying things.?

I’m trying to get the wording right on the BC at the moment.. Once I do that.. I am likely to send it to get the ball rolling.. It looks like the simplest step of all, apart from the “delivery” aspect on the securities transfer.. haven’t cracked the equivalent legislation yet..

[Steve]

Hi Josh, because Australia is a foreign registered corporation I think the Securities Act 1933 is also relevant, look at the last paragraph Sec2 (2); the live birth record and then the certificated security (surety given by the man/woman) created by the state for engaging in commerse/earnings for the beneficiary…

SECURITIES ACT OF 1933
[AS AMENDED THROUGH P.L. 112-106, APPROVED APRIL 5, 2012]
TABLE OF CONTENTS
Sec. 1. Short Title.
Sec. 2. Definitions.
Sec. 2A. Swap Agreements.
Sec. 3. Exempted Securities.
Sec. 4. Exempted Transactions.
Sec. 4A. Requirements With Respect to Certain Small Transactions.
Sec. 5. Prohibitions Relating to Interstate Commerce and the Mails.
Sec. 6. Registration of Securities and Signing of Registration Statement.
Sec. 7. Information Required in Registration Statement.
Sec. 8. Taking Effect of Registration Statements and Amendments Thereto.
Sec. 8A. Cease-And-Desist Proceedings.
Sec. 9. Court Review of Orders.
Sec. 10. Information Required in Prospectus.
Sec. 11. Civil Liabilities on Account of False Registration Statement.
Sec. 12. Civil Liabilities Arising in Connection With Prospectuses and Communications.
Sec. 13. Limitation of Actions.
Sec. 14. Contrary Stipulations Void.
Sec. 15. Liability of Controlling Persons.
Sec. 16. Additional Remedies; Limitation on Remedies.
Sec. 17. Fraudulent Interstate Transactions.
Sec. 18. Exemption From State Regulation of Securities Offerings.
Sec. 19. Special Powers of Commission.
Sec. 20. Injunctions and Prosecution of Offenses.
Sec. 21. Hearings by Commission.
Sec. 22. Jurisdiction of Offenses and Suits.
Sec. 23. Unlawful Representations.
Sec. 24. Penalties.
Sec. 25. Jurisdiction of Other Government Agencies Over Securities.
Sec. 26. Separability of Provisions.
Sec. 27. Private Securities Litigation.
Sec. 27A. Application of Safe Harbor for Forward-Looking Statements.
Sec. 27B. Conflicts of Interest Relating to Certain Securitizations.
Sec. 28. General Exemptive Authority.
Schedule A.
Schedule B.
SHORT TITLE
SEC. 1. This title may be cited as the ‘‘Securities Act of 1933’’.
(May 27, 1933, ch. 38, title I, Sec. 1, 48 Stat. 74.)
DEFINITIONS
SEC. 2. (a) DEFINITIONS.—When used in this title, unless the
context otherwise requires—
(1) The term ‘‘security’’ means any note, stock, treasury
stock, security future, security-based swap, bond, debenture,
evidence of indebtedness, certificate of interest or participation
Sec. 2 SECURITIES ACT OF 1933 2
in any profit-sharing agreement, collateral-trust certificate,
preorganization certificate or subscription, transferable share,
investment contract, voting-trust certificate, certificate of deposit
for a security, fractional undivided interest in oil, gas, or
other mineral rights, any put, call, straddle, option, or privilege
on any security, certificate of deposit, or group or index of securities
(including any interest therein or based on the value
thereof), or any put, call, straddle, option, or privilege entered
into on a national securities exchange relating to foreign currency,
or, in general, any interest or instrument commonly
known as a ‘‘security’’, or any certificate of interest or participation
in, temporary or interim certificate for, receipt for, guarantee
of, or warrant or right to subscribe to or purchase, any
of the foregoing.
(2) The term ‘‘person’’ means an individual, a corporation,
a partnership, an association, a joint-stock company, a trust,
any unincorporated organization, or a government or political
subdivision thereof. As used in this paragraph the term ‘‘trust’’
shall include only a trust where the interest or interests of the
beneficiary or beneficiaries are evidenced by a security.

[Jaebin]

clap clap clap Steve, nice find. we are getting hotter.

[Peter]

Hey Josh, are you able send me the list of the legislation Darren used.
I think most of our needs will be found in the PPSA

[Josh]

The attachment is on one of my other comments below… Attachment: notes-status-correction.docx

[Slugworth’s Bitcoin shop]

Consolidated Revenue Fund (CRF) Australia
A fund established by section 81 of the Constitution, consists of all revenues and moneys raised or received by the executive government of the Commonwealth. The CRF is self-executing in nature, which means that all money received by the Commonwealth automatically forms part of the CRF.

[:Denis-Peter: House of Rawlinson.]

Regarding the Consolidated Revenue Fund (CRF) Australia
Do we not have a problem here, as the federal and state governments stand in treason outside the Commonwealth of Australia Constitution Act 1901 as proclaimed and gazetted?
They even tell you, they don’t recognize it.
So who is there to see over this, and who can we communicate with?
Government and political wise this country is rotten to the core.

• This reply was modified 2 years, 2 months ago by :Denis-Peter: House of Rawlinson..

[Josh]

Other Legislations that may be useful are:

Cestui Que Vie Act 1666
Settled Land Act 1958

[Anonymous]

Take a look at Marketable Securities Transfer Act 1966 No. 092, I think this is the one you guys might be after.

[Anonymous]

This is what I have found for NZ Acts which is VERY similar to the Australia Legislation:

Security Transfer Act – possibly the Marketable Securities Transfer Act 1966 No. 092 (i mentioned this above)
Trustee Act – We have this
Vacant Property Act – possibly the Public Trust Act 2001 part VII – unclaimed property for NZ so you will have similar)
Escheats Act – Administration Act 1969 (for NZ, so it maybe similar for you guys)
Real Property Act – possibly Property Law Act 2007 for NZ but should be similar for you guys.

Remember also that if there isn’t anything in your legislation, you can use NZ Acts but quote the Trans Tasman Agreement which makes our laws your laws.

[Josh]

Kat, Well done! Yeah great Idea about the Trans Tasman Agreement.

[Jaebin]

Trans tasman act will help with that one Kaz. awesome.

[Bebedok]

Hi I’m also NSW so happy to start reading. Provide me a task and I’ll get onto it

[Jaebin]

Please see attached, just a crack from what ive read so far, but needs work. I have listed the parts relavent.

Attachments:

1. PPSA-1.docx

[Josh]

Here’s all the Canadian legislations typed up that need transposing.

Attachments:

1. notes-status-correction.docx

[Jaebin]

nice, so basically, the entire PPSA for Canada lol. Good one mate, I can add to the Vic legis, but I think many are across it. I am looking into the idea that Aus legislation falls short, and where it does , international law can aid, but we can use the UCC, and maybe the Canadian Transfer of securities act… https://www.ag.gov.au/sites/default/files/2020-03/Paper2Creationandperfectionofsecurityinterests.pdf

[Peter]

Great work Jaebin, that looks very promising

[Josh]

Bro, You have done really well with that PPSA attached document.

• This reply was modified 2 years, 2 months ago by Josh.

[Jaebin]

cheers mate, all for one and one for all! I have my documents I will be sending to the registrar-general shortly, can you email me ill give you a copy of my drafts in confidence (sensitive material). jaebinpawlowski@protonmail.com

[Josh]

Respect brother.

[Jaebin]

just see here, I have attached a sample mix of what I may do, as well as –

Bona fide claim of right;
Successive transfer of security interest by assignment to new debtor;
for accession of goods and title by advance to sole beneficiary [priority holder];
accepted for value, by priority holder: Jaebin.
value attached of a sum certain of one Australian dollar.
[Personal Property Securities Act 2009 Section 72]

I was going to send actual docs, but I would like all to see as well.

Attachments:

1. LATEST.docx

[Josh]

Darren has just put out this document which has shrunk down all the legislations and added definitions and a form of mechanism. Attached below.

Attachments:

1. Di5-Newbie-Wisdom-Guide-Vol-1-2021.pdf

[Anonymous]

Great work Jaebin,

Thank you for sharing.
On the adverse claim, do we use the same wording as per one shared by Darren except that we do change the legislation part correct?
When it says Deliver: i can’t seem to find the same wording . And it takes me to CHESS if I look for delivery of certificated securities.
Any suggestions?
Thanks

[Anonymous]

Great work Jaebin,

Thank you for sharing.
On the adverse claim, do we use the same wording as per one shared by Darren except that we do change the legislation part correct?
When it says Deliver: i can’t seem to find the same legislation or wording used on the canadian legislation. And it takes me to CHESS if I look for delivery of certificated securities.
Any suggestions?
Thanks

[Anonymous]

Amazing work Jaebin, very grateful to you for all your research and time spent collating and creating. You too Josh! (Everyone really :)) So excited for some of you to commence this process and receive invaluable feedback that will further the cause and help all 🙏🏼

[Josh]

Well done Bro.

[:Denis-Peter: House of Rawlinson.]

In what state are you sending the documents to the BDM, I ask as Queensland have a revolving hat for the attorney general, – even the BDM, can never give you a straight answer who it is:
They just say just put Registrar General and it will get to he/she.
its as if he/she is hiding.

so should we be putting, on our notice for the: Attention of the occupier of the office of “Registrar General” .
as latterly these creatures are hiding.
They dont want to carry the liability.

[Sharon (Tas)]

I can not comprehend why we need legislation. I am before therefore standing above legislation. legislation is an assault and trespass on us. share with me a differing view so that I may see more clear.

[James Edward in Trust]

All employees of a company are bound by their work contract. The same goes for employees of the government.

The acts and legislation are the T&C for their work contract. They must obey. For this reason, we MUST use their own “terms” to force their hand and fix this mistake. Hope this helps

[Sharon (Tas)]

thank you James. got it. cheers

[Steve]

It’s true, but you need to put it into a Deed to confirm your standing and deliver it to the relevant authorities trespassing on your equitable rights and property.. and now we see that we must deliver up the live birth record to transfer the liability to the real trustee making you the Principal beneficiary…

[Josh]

Oh…. well, what have we got here…. Checkout the section number.. 666.

CORPORATIONS ACT 2001 – SECT 666A
Completing the acquisition of securities
Completion to be by private treaty or statutory procedure

(1) A person entitled to acquire securities under section 661A or 664A must either:

(a) pay, issue or transfer the consideration to the holder, take a transfer of the securities from the holder and have the company that issued the securities register the transfer; or

(b) complete the procedure laid down in section 666B;

by the end of the period referred to in subsection (2) or (3).

Strict liability offences

(1A) An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

Time for completing compulsory acquisition following takeover

(2) For an acquisition under section 661A, the period ends 14 days after the later of:

(a) the end of 1 month after the compulsory acquisition notice was lodged with ASIC under section 661B; or

(b) the end of 14 days after the last statement under section 661D was given if a request is made under that section; or

(c) if an application to stop the acquisition is made to the Court under section 661E–the application is finally determined.

Time for completing compulsory acquisition under Part 6A.2

(3) For an acquisition under section 664A or 664F, the period ends 14 days after the later of:

(a) the end of the objection period; or

(b) if an application for approval of the acquisition is made to the Court under section 664F in relation to the securities–the application is finally determined.

• This reply was modified 2 years, 3 months ago by Josh.
• This reply was modified 2 years, 3 months ago by Josh.

[Jenny]

Wow guys
Great work.

[Glenn J]

That’s a good find Josh. The bastards just taunt us with their numeric symbolism. This is definitely worthy of more explanation. It looks like it could be used to demonstrate the legitimacy of our actions in claiming the interest in the birth certificate, doesn’t it?

[Steve]

666 adds up to 18 age of majority, time to return the Birthing Bond held in trust back to the state…

[Jaebin]

The regulations have a section dedicated to Division 3 assets and rights, which are securities in relation to a company, (or person), the schedule has forms from transferring of trustee. I am over at the Di5 – australia group now, there is a double up and ill be posting there… also check out my ppsa doc to check over related legislation for the ppsa…

[Josh]

Sure does Glenn.

[Jaebin]

I feel that Bill Turners work is not in vain, he quoted having to notify the Bailee in possession and that is where the document of title comes in, but also if it is maritime law then we need to quote customs act. worth a look, i posted at the other aussie group. if we use the PPSA we need to read the PPSRegulations.

[Anonymous]

Hi everyone,
I am in Victoria, not a citizen yet. I will see how that will work for me in here.
However these are some Acts for Victoria I will look into these ones more deep.

Personal Property Security Act 2009
Property Law Act 1958
Trustee Act 1958
Criwn Procedeengs Act 1958
Bona Vacantia – unclaimed property under financial management act 1994.

[Anonymous]

Hi everyone,
I am in Victoria, not a citizen yet. I will see how that will work for me in here.
However these are some Acts for Victoria I will look into these ones more deep.

Personal Property Security Act 2009
Property Law Act 1958
Trustee Act 1958
Criwn Proceedings Act 1958
Bona Vacantia – unclaimed property under financial management act 1994.

[Glenn J]

I’ve reached a dead end on the Birth Certificate for now.. I don’t know yet whether I’m being pedantic about nothing.. This is what I am stuck on when transposing the Canadian wording on the birth certificate to Australia. .

This part has eluded me so far. .

Notice: Delivery under Section 6B of SBC 2007
Chapter 10 The Securities Transfer act

I managed to trace it to this Canadian legislation:

Principles of law and equity apply
6 Except insofar as they are inconsistent with this Act, the principles of law and equity supplement this Act and continue to apply, including

(a) the law merchant,
(b) the law relating to the capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion and mistake, and
(c) other validating or invalidating rules of law.

Trying to find the Australian equivalent is doing my head in.. I need a fresh pair of eyes. Anybody got a lead for me.?

[Jaebin]

Victoria
SUPREME COURT ACT 1986 – SECT 29
Law and equity to be concurrently administered
(1) Subject to the provisions of this or any other Act, every court exercising jurisdiction in Victoria in any civil proceeding must continue to administer law and equity on the basis that, if there is a conflict or variance between the rules of equity and the rules of the common law concerning the same matter, the rules of equity prevail.

[Paul]

Could you try the bill of exchange act 1909?

[Jaebin]

https://www.australiancontractlaw.com/law/avoidance-mistake.html

[Jaebin]

https://www.ag.gov.au/sites/default/files/2020-03/Paper2Creationandperfectionofsecurityinterests.pdf

Very important to read in full, this outline and makes the process very basic to understand. It cross references Canadian PPSA, insofar to use some of its wording for use of Aus PPSA…

[Glenn J]

Thanks Jaebin for your imput.

I actually misread the piece of legislation that I was looking for. I should have been looking at 68 not 6B as I initially thought. I got this info from a You Tube still, so I will give myself a break on that one.
I should have picked this up earlier and sort of did. the text of the section didn’t marry up to the apparent purpose of including it on the birth certificate.

[Anonymous]

Hi everyone,

I am still wrapping my head around all these. And I do have probably a silly question to ask.
The RN …life estate in equity which is at the back of the bc, how is it generated? To be in the bc means that we have that prior to apply any of the rest?
Thanks

[Jaebin]

So effectively you are returning a receipt or docket back for return of your possessions held in trust by the Crown. As per certain if not most laws in Aus anyway, relating to property and a certificate of title, you must deliver it with a consideration to perfect it, with the property laws you need a deed and or a deed conveyance explaining your claim and what you want from this negotiable instrument. It is a negotiable document of title, perfection happens when a sheriff or bailee/registrar-general has it in their hands with valuable consideration attached. proof of this can be obtained by registered post and then recorded in court or by a registrar to seal. If the registrar-general refuses to acknowledge, then you have to take it to the supreme court as a claim against the crown, crown proceedings act states that equity shall prevail over any other claim of jurisdiction ie civil etc. But we are doing this in good faith, with clean hands in equity, and most importantly in peace. We have a priority claim over the Crown.

You would send all documents in as a package, witnessed by aus post staff with supporting affidavit from aus post proof of package send, with signature required by party at the other end for proof of receipt. I think this process could be simpler than most think.

• This reply was modified 2 years, 2 months ago by Jaebin.

[Anonymous]

Thank you Jaebin.
The legislation conversion is doing my heading. Thank you all are being very helpful.

[Cam]

I just don’t trust Australia Post. They have ‘lost’ several of my registered post documents and there seems to be no recourse. I would prefer to hand (the original) to someone in person.

[:Denis-Peter: House of Rawlinson.]

Not necessarily so,
As I have a few instances where the creatures refuse to pick the registered post up, being an act of Unconscionable- Conduct in office, they just ignore you, and also Australia post are suppose to return unclaimed items , which I have found out they don’t bother, which is a violation of their supposed act.

For something as important as this, I am leaning towards getting it delivered by a courier, with a sign on delivery, — never forget they still view us as convicts, and I bet that was one act that was never repealed.

[Glenn J]

The RN on the BC that relates to the Life Estate is a Registered Post number.

Darren has posted the explanation in a couple of places.. but he posted a comment in YT under the video Dievergent5 Birthright & Equity a week ago

darren- jehdeye
5 days ago
That is a Registered Mail Number.. that is converted into a: Life-Estate..
Once that number circulates..it is literally captured and used to facilitate transactions coming down the pipe in the future..😊

[Anonymous]

Thank you 🙏 Glenn J.I must have missed that.

[Anonymous]

You can pay $2.95 extra on top of your registered post for signature on delivery and you will have a card returned to you.

[:Denis-Peter: House of Rawlinson.]

Bill Turner had the idea, of first posting the bc to one-self, then creating a bar code that can be printed on the back of the Birth Certificate, prior to sending your counter deed to the relevant authorities, that then becomes your number to use on all documents.
David Clarence had the same idea also many years ago when forming your estate, prior to Bill Turner, it is claimed by both that it creates a registered instrument, I did one two years ago when claiming the estate and one last year doing a the counter-deed , I also created a counter Deed for the right of all Australian born here in the country of claiming my one share in the country, (it was never rebutted) and was sent all over the place, and on court record. so I have three registered instruments,
Now I guess I will have a fourth, if I don’t use a courier to deliver the documents.
another thought is you can use a Public notary to deliver the documents. (though will cost)
and then there is the option to deliver by hand with a witness.

I feel they are going to put every barricade in our way to stop us.
After all we are their meal ticket.

[Author]

Posts