Are Licenses Required

Are licenses required under the Common Law of England?

Read the excerpt below from the Imperial Laws of England, which are still in force, and cannot be repealed without a referendum.

Does this conflict with state legislation? (Constitution Section 109 – Inconsistency of laws)

In the early days driving licenses were issued to drivers for commercial purposes (see Sect 107 of the Commonwealth Constitution, outlined within p936 of the Annotated Constitution by Quick and Garran (1901) eg. goods or passenger transportation, private people aren’t required to have a license for private travel. Section 92 of the Constitution grants us free travel within the Commonwealth.

The 1911 and 1913 referendums in regards to nationalising Monopolies were not carried.

The Statute of Monopolies 1623 prohibits monopolies, therefore why do corporations like VicRoads have a monopoly on the roads? Refer to Northern Territory v Collins [2008] HCA 49 (16 Oct 2008). Patents case.

Imperial Acts Application Act 1980 – SECT 8

Division 4-Monopolies [1623-4] 21 or 21 and 22 James I c. III ss 1, 6

An Act concerning monopolies and dispensations with penal laws and the forfeiture thereof.

1. (1) Forasmuch as your most excellent Majesty, in your royal judgment, and

of your blessed disposition to the weal and quiet of your subjects, did in the

year of our Lord God one thousand six hundred and ten, published in print to the

whole realm, and to all posterity, That all grants and monopolies, and of the

benefit of any penal laws or of power to dispense with the law, or to compound

for the forfeiture, are contrary to your Majesty's laws, which your Majesty's

declaration is truly consonant and agreeable to the ancient and fundamental

laws of this your realm.

(2) And whereas your Majesty was further graciously pleased, expressly to

command, that no suitor should presume to move your Majesty for matters of

that nature.

(3) Yet nevertheless upon misinformations, and untrue pretenses of public

good, many such grants have been unduly obtained, and unlawfully put in

execution, to the great grievance and inconvenience of your Majesty's

subjects, contrary to the laws of this realm, and contrary to your

Majesty's most royal and blessed intention to publish as aforesaid.

(4) For avoiding whereof, and preventing of the like in time to come, may it

please your excellent Majesty, at the humble suit of the Lord spiritual and

temporal, and the commons, in this present Parliament assembled, That it may

be declared and enacted.

(5) And be it declared and enacted by authority of the present parliament,

That all monopolies, and all commissions, grants, licenses, charters and

letters patents heretofore made or granted, or hereafter to be made or

granted, to any person or persons, bodies politick or corporate whatsoever, of

or for the sole buying, selling, making, working, or using of anything within

this realm, or the dominion of Wales.

(6) Or of any other monopolies, or of power, liberty to faculty, to dispense

with any others, or to give license or toleration to do, use, or exercise any

thing against the tenor or purport of any law or statute.

(7) Or to give or make any warrant for any such dispensation, license or

toleration to be had or made; or to agree or compound with any others for any

penalty or forfeitures limited by any statute; or of any grant or promise of

the benefit, profit, or commodity of any forfeiture, penalty, or sum of money,

that is or shall be due by any statute before judgment thereupon had.

(8) And all proclamations, inhibitions, restraints, warrants of assistance,

and all other matters and things whatsoever, any way tending to the

instituting, erecting, strengthening, furthering, or countenancing of the same

or any of them.

(9) Are altogether contrary to the laws of this realm, and so are and shall be

utterly void and of no effect, and in no wise to be put in use or execution.

6. Provided also, and be it declared and enacted, That any declaration before

mentioned shall not extend to any letters patents and grants of privilege for

the term of fourteen years or under, hereafter to be made, of the sole working

or making of any manner of new manufactures within this realm, to the true and

first inventor and inventors of such manufactures, which others at the time of

making such letters patents and grants shall not use, so as also they be not

contrary to the law, nor mischievous to the state, by raising prices of

commodities at home, or hurt of trade, or generally inconvenient: The said

fourteen years to be accounted from the date of the first letters patents, or

grant of such privilege hereafter to be made, but that the same shall be of

such force as they should be, if this act had never been made, and of none

other.

Legislation source:

Are Licenses Required

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