Non Consent to Supply of Director’s Digital ID Information (Australia)

This Non Consent notification process addresses the issue of orders and directions, but not legislation, by various agencies of Government to force Directors to provide personal private information, information that may and will be used against the director when convenient for Government. This process results in agreement between the parties (the Director and the respondents) that the Director is not required to comply with orders and directions to provide Directors ID without penalty, thus protecting the rights of the Director against abuse by Government and its agents.

About

We, at Solutions Empowerment, have been approached by numerous people in the recent months leading to the Directors ID compliance period of 30 November 2022, stressed at the thought of having to comply with alleged legislation, Orders and/or directions to supply information pertaining to Director’s ID.

The requirement is nonsense as there is no legislation requiring compliance.

Further, an Order or direction is not law.

Hence there is no requirement for compliance, it’s that simple.

Sadly, not everyone understands the simplicity of this message. As a result, we have provided those people that act in the office of a Director, various options, as disclosed below;

1. Resign as a Director, or don’t make an ASIC application for that office, or

2. If your business does not advertise or market its service or product within the public realm (via any form of media, social media, website (other than a website that offers a private membership) and doesn’t need to (many operate through word of mouth referrals), then you may cancel your business or company registration and operate privately under a Foundation, a Foundation having the capacity to do everything your business or company name can do other than advertise or market, or

3. If your business does require to advertise or market its service or product within the public realm, you might engage a proxy to act as your Director under your instructions, if this is practical, whereby you;

  • Appoint your proxy under a private contract, the contract you keep, that specifies their precise role, tasks, conduct, performance, compensation package and all relevant terms and conditions, and
  • Control your proxy (behaviour and conduct) so as to “keep them honest” by having them sign an undated letter of resignation so if they themselves commit an offence or conduct themselves counter to your expressed wishes, you can simply date the letter of resignation prior to their offensive conduct and sack them, or

4. You proceed to the Non Consent to supply of Director ID information process, thereby holding your position and retaining your office as Director without having to comply with any alleged or proposed legislation, Orders and/or directions mandating the Director to supply their Director ID information.

Process

Instructions

In a world where the prevailing law is the ‘Rules of Equity’, being a key element of contract, the highest form of law - created when two or more parties agree, by consent or assent, to a proposal or offer from one party, the offerer.

Consent: Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Wikipedia

Includes being informed so an informed and/or affirmative decision can be made.

Assent: An act of agreeing to something, especially after thoughtful consideration: an act of assenting. Acquiescence, Agreement. Websters

Acquiescence, uninformed, silence, grudging submission etc

Therefore, an agreement is formed with or without your consent (may be by silence that equates to assent).

To remain silent on any issue that affects you detrimentally can result in a potentially fatal and enforceable agreement.

An example is the upcoming government proposal and plan to implement legislation to compel Directors to supply the relevant authorities with their own personal “confidential commercial information”, being their private property, in the form of information pertaining to Director’s ID.

Therefore, if you do not agree with, or you do not consent to, this proposal it is, and becomes imperative to, voice your objection and non-consent in writing to the key proposers and decision makers to mitigate, void and/or annul all presumption that you agreed to the proposal by way of assent (acquiescence via your silence).

This “Non-Consent” may be expressed in writing by way of a three-step private administrative process. This is done by you noticing and expressing to the hierarchy of alleged authority (in this instance to key executives of various private organizations, being Joseph Longo, Chair and Accountable Authority of Australian Securities and Investment Commission (ASIC) and Chris Jordon, Registrar of Australian Business Registry Service (ABRS)) of your non-consent and objection to supply the relevant authorities with your own personal “confidential commercial information”, in the form of information pertaining to Director’s ID. Otherwise, a failure to do so is presumed, by your silence, that you assented and agreed to supply your personal information pertaining to Director’s ID.

To reiterate; your silence is regarded as your agreement to the above proposal by assent. Never ever remain silent on any issue you don’t consent and vehemently object to. You must express your non-consent by way of a written notification process, such as the example round one document provided titled “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability”.

To this end, Solutions Empowerment have created a new Non-Consent automated process titled “Non Consent to Supply of Director’s ID Information”. It is a three-step private administrative process, directed at the appropriate authorities, expressing your Non-Consent to the supply of your personal intellectual property – information pertaining to Director’s ID. This is accomplished by populating each round of documents with your personal details so as to make the process easy, simple and “idiot proof”.

The process also expresses;

1. The mutually agreed commercial liabilities of each respondent should they continue their proposals in support of their plan to introduce legislation to compel Directors to supply their personal information pertaining to Director’s ID, and

2. The mutually agreed quantum of the liability on each respondent should you be detrimentally affected by the compelled supply of your personal intellectual property – information pertaining to Director’s ID, and

3. The amount of an award for damages caused you, in your office as a Director, should you be detrimentally affected by the supply of your personal intellectual property – information pertaining to Director’s ID.

If you’re concerned about having to, or being compelled to, supply or provide your personal intellectual property – information to any alleged authority without your consent, as a result of the introduction of legislation, Orders and/or directions compelling the supply of your personal intellectual property – information pertaining to Director’s ID, then proceed to the “Non Consent” section of the website www.solutionsempowerment.org, and begin your own “Non Consent To Supply Of Director’s ID Information” process today.

A donation from only $5.00AUD permits you to participate and complete your Non Consent process immediately. Click on the Non Consent link and follow the prompts.

We wish you every enjoyment in completing the Non Consent process and every success with it.

Kind Regards

Team at Solutions Empowerment

Easy step by step guide + Checklist for your Non Consent to Directors ID in Australia

1. Make sure you have:

  • 8 x A4 registered envelopes (2 x Round 1 / 2 x Round 2 / 2 x Round 3 / 2 x Round 4)
  • Purple water based stamp pad (for thumb print)
  • Red pen (bold)
  • A printer with scanner - your own, local library or office works.

2. Go to http://solutionsempowerment.org/resources/non-consent/4-directors-id-information/

3. Scroll down to PROCESS

4. Read through KEY DOCUMENTS (part 1, 2 & 3) & INSTRUCTIONS

5. Print CHECKLISTS (this will make the process easier for you)

6. Begin Round 1 - There are 5 steps to this population process.

7. Print, Sign (where needed), JP sign (where needed), Copy, Post.

8. Follow INSTRUCTIONS for Round 2, 3 & 4.

 

Round 1 CHECKLIST

1. 1 x A4 registered mail envelopes

  • 1st envelope holds documents for ONE respondant
  • 2nd envelope holds documents for the OTHER respondant

2. Certificates of Mailing

  • 2 x copies, one for EACH respondants

3. Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability

  • Above TWO respondants get (hard) copies sent to them.

4. Declaration in the format of an Affadavit and Notice of Understanding and Intent Claim of Right

  • Purlple water based stamp for thumbs print
  • Witessed by a J.P
  • 3 copies - ONE x for you to keep.

5. Fee Schedule

6. Cruden vs Neale (goes directly behind ‘ Fee Schedule’)

7. Affadavit for Claimant (Do not complete this form)

  • Above TWO respondants get (hard) copies sent to them

8. A document expressing “Tampering with the mail…”

  • You will need your bold red pen

 

Round 2 CHECKLIST

1. 1 x A4 registered mail envelopes

  • 1st envelope holds documents for ONE respondant
  • 2nd envelope holds documents for the OTHER respondant

2. Certificates of Mailing

  • 2 x copies, one for BOTH respondants listed above

3. Default Notice

  • 2 x copies, one for BOTH respondants listed above

 

Round 3 CHECKLIST

1. 1 x A4 registered mail envelopes

  • 1st envelope holds documents for ONE respondant
  • 2nd envelope holds documents for the OTHER respondant

2. Certificates of Mailing

  • 2 x copies, one for EACH respondants listed above

3. Default Notice

  • 2 x copies, one for EACH respondants listed above

 

Round 4 CHECKLIST

1. 1 x A4 registered mail envelopes

  • 1st envelope holds documents for ONE respondant
  • 2nd envelope holds documents for the OTHER respondant

2. Certificates of Mailing

  • 2 x copies, one for EACH respondants.

3. Affadavit

  • 2 x copies, one for EACH respondants.

Part 1

The Key First Round Documents you require are;

1. A “Certificate of Mailing” – Positioned on top of the bundle of documents for the 2 respondents. A third party witness, a friend, can testify to witnessing the Certificate of Mailing and inserting the bundle of documents into a registered mail envelope. This eliminates any claim there were no documents in the envelope when the respondent receives it (Police Sergeant claimed in court the registered mail envelope he’d received had no documents within it!).

2. A “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability” (First Demand Notice) – is directed to each of the 2 respondents.

3. A “Declaration in the format of an Affidavit and Notice of Understanding and Intent and Claim of Right (Declaration), where you assert your claim to various rights which must be rebutted by the respondents or your asserted claims stand at law (law is contract. Law is formed through an unrebutted Affidavit). Only one copy will be emailed to you by reason it is generic, so you only need make two copies after it is sealed by a Justice of the Peace (JP) and direct one copy to each of the 2 respondents.

4. One copy of a document titled “Fee Schedule” is provided to you. Make a further two copies so each respondent receives a copy and place it as an exhibit to the Declaration immediately behind the last page of the Declaration.

5. “Cruden v Neale” being a single page document that is an exhibit to the Declaration and is to be placed immediately behind the first exhibit titled “Fee Schedule” at the back of each Declaration.

6. An “Affidavit of Claimant” - directed to each of the 2 respondents, for the respondents to complete. Neither respondent will complete it, thus admitting personal liability and guilt for their part in mandating the supply of Director ID information from Directors when no law requires or mandates it.

7. A document expressing “Tampering with the mail…”. This statement is to be handwritten in bold red pen on the top of each envelope. Mail has been with held at various Post Offices, being evidence of the Federal offence of “tampering with the mail”. The Post Office needs to be placed on notice not to interfere with the delivery of mail.

The “First Demand Notice” must be signed by you as the acting Director.

The “Declaration” is signed by you before a J.P. Make 2 copies. You keep the original and you direct a copy to each of the two respondents.

The “Affidavit of Claimant” is directed to each of the 2 respondents for them to sign before a JP.  It is not for you to sign nor complete. Its purpose is to ensure the respondents either accept liability and guilt for any detrimental effect upon the Director caused by the provision of their own personal confidential commercial information (private information and property) – Director ID information to the respondents or the respondents reply to you in writing expressing they are opposed themselves to alleged or proposed legislation, Orders and/or directions compelling Directors to supply their Director ID information to the respondents, and that they themselves will do everything within their powers to stop such a program. You will receive from us one copy of the Affidavit of Claimant. Print a copy for each of the 2 Respondents.

The “Certificate of Mailing” discloses all the documents to insert in the envelope. It is signed by your witness (Friend or family member). Place the Certificate of Mailing at the top of the bundle of documents.

Ensure you hand write in red ink upon the front face of each of the 2 registered post mail envelopes “Tampering with the mail is a Federal Offence…”.

Ensure you photocopy all signed documents and retain a scanned copy of these.

Also take a snap shot of the registered post mail envelopes before you post them. It’s imperative you create a record of all communications and proof of mailing and proof of delivery – by going to the Australia Post website and key in the unique registered post mail number so as to identify precisely when each of the respondents received their bundle of documents.

Wait 14 days after posting the bundle of documents. It is extremely unlikely any respondent will reply to you and deliver answers to your First Demand Notice nor rebut the assertions made in your “Declaration”. This is precisely the outcome we want so the respondents proceed to their first default.

On the 15th day after having posted the first round bundle of documents to the respondents, you can proceed with posting the second round bundle of documents to the same respondents.

Key Second Round documents you require are: - directed to each of 2 respondents.

  1. Certificate of Mailing (Positioned on top of the Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability.
  1. Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability (Second Demand Notice).
  1. You’re unlikely to receive a reply to your first or your second round of documents. Whether you do or don’t receive a reply, 14 days after having posted the first round documents (diarise all your mailing dates) – proceed to “Round 2” documents – “Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability” (Second Demand Notice) and post the round 2 documents on the 15th day after having posted the round one documents.

Key Third Round Documents you require - directed to each of same 8 key respondents, are;

  1. Certificate of Mailing
  1. Final Notice, Notice and Demand for Further and Better Particulars and Notice of Liability (Third Demand Notice)

Wait again 14 days for any reply to the second round documents and on the 15th day proceed with completing the “Round 3” document titled “Final Notice, Notice and Demand for Further and Better Particulars and Notice of Liability” (Third Demand Notice). If the respondents don’t reply with answers to the questions asked within your Third Demand Notice within 14 days of the date on the that Notice then it is taken as the respondents’ third default and a private default judgment is created where the respondents agree, by assent through their silence, that;

  1. You are not required, and are exempt from having, to supply your Director ID information to the respondents, and
  1. They themselves will exert their own energies into stopping and prevention of the requirement or mandate for supply of your Director ID information to the respondents, and
  1. They themselves accept full and complete liability personally for all harm and damages caused you, acting in the office of Director, by your compliance, under threats of menace, to compelled or mandated supply of your Director ID information to the respondents, and that they agree to pay you in timely manner an award for the damage/s caused you by your compliance to the alleged or proposed legislation, Orders and/or directions compelling or mandating you supply your Director’s ID information to the respondents.

Key Fourth Round Documents required and directed to each of the respondents are;

  1. Certificate of Mailing
  1. Affidavit

Instructions

  1. Before you begin you need to purchase 2 A4 size registered post envelopes for the first round of documents, one for each respondent, 2 envelopes for each of the second, third and fourth rounds of documents <In some countries there are no registered mail envelopes so when asked for registered post mail number on the data entry section of the website just enter 12 zeros.
  1. Click on link titled <Title Name>.
  1. Locate under the “Non Consent To Supply Of Director ID Information” templates, click on “automated documents”.
  1. Click on country of residence.
  1. Click on “Account Setup” and follow the prompts. Enter your personal details as these are required on all the documents making up the 4 step process. It will save you much time by not having to hand write your personal details on each document.
  1. You will receive the documents by email in PDF form.
  1. Ensure you scan to your computer all the signed and completed documents so you have copies at hand.
  1. Post both registered mail envelopes after you have completed & signed the relevant documents.
  1. Wait 14 days to receive a reply from the respondents before beginning the second round of documents.
  1. It is highly unlikely you will receive a reply from either respondent.
  1. Whether a reply is received or not, on the 15th day of the date at the top of the first page of the First Demand Notice, deliver the Second Demand Notice and accompanying Certificate of Mailing, to the same respondent.
  1. Go to the Non Consent section of the website, locate the Non Consent To Supply Of Director ID Information and click on Round 2 and follow and complete the process.
  1. Ensure again that you scan to your computer all the signed and completed documents so you have copies at hand.
  1. You will require 2 business size (smaller than A4) registered mail envelopes (unless you are in a country that has no registered mail), one for each of the 2 respondents.
  1. Just like the round one process, have your witness, a friend or family member, complete the 2 respective “Certificates of Mailing”. You sign the Second Default Notices.
  1. Scan them to your computer for your records.
  1. Post copies of the Round 2 documents within a registered post mail envelope to each of the respondents.
  1. Again wait 14 days before beginning the third round of documents.
  1. Again, it is highly unlikely you will receive a reply from either respondent.
  1. Whether a reply is received or not, on the 15th day of the date at the top of the first page of the Second Demand Notice, deliver the Third Demand Notice and accompanying Certificate of Mailing, to the same respondent.
  1. On day 15, repeat the above steps to complete the third round of documents.
  1. An email bearing the third round documents, a set of 2 Certificates of Mailing and 2 Final Demand Notices, one for each respondent, will be sent to your email address almost instantaneously.
  1. Just like the round one process, have your witness, a friend or family member, complete the 2 r “Certificates of Mailing”. You sign the Final Demand Notices.
  1. Scan all documents to your computer for your records.
  1. Then insert the Certificate of Mailing and accompanying Final Demand Notice for each of the 2 respondents and post them in their respective registered post mail.
  1. Ensure you have scanned copies of all registered post mail receipts – slips, the tier away sections on the registered post mail envelopes as a record of proof of mailing, and exhibit the scanned copies to your Affidavit as evidence of proof of mailing.
  1. Ensure you take snap shots of all the delivered Demand Notices by going onto the Australia Post website, key in each successive registered post mail number and take a snap shot, as proof of delivery and exhibit it as proof of delivery to your affidavit.
  1. If the respondents haven’t replied to your registered mail correspondence within 14 days of the date on your correspondences, an agreement is established between all the parties (you and the respondents) where the respondents have agreed and accepted, by their assent via their silence and intent – inaction and acquiescence;
  • To not supply the Director’s private information and property to the respondents is not an offence, and
  • To supply the Director’s private information and property to the respondents when no law requires nor compels it is an offence under the Privacy Act 1988, and
  • If I elect to provide the Director’s private information and property to the respondents, the respondent will not use it for personal or commercial gain, to be on sold or forwarded for any purpose, and never to be used against or to the detriment of the Director or myself,
  • The respondents are legally and lawfully liable and culpable for all their own actions, as well as for the actions of all their underlings, agents, members, heirs, assigns and successors at all times, and
  • To the payout terms expressed within the Third Demand Notice, and
  • There is no contract between ASIC, ABRS, the respondents, their underlings, agents, members, heirs, assigns and successors, and the Director or the <wo/man> answering to the name “<Your Full Name>”, and
  • The source of your alleged authority, the Acts referred to and expressed within the Final Demand Notice, is void and irrelevant, and does not apply to the Director or the <wo/man> answering to the name “<Your Full Name>”, and
  • The respondents have no valid or bona fide authority or jurisdiction to act against the Director or myself, and
  • Neither I nor the Director are required to supply a Director’s ID and my Directorship remains unaffected by any alleged or proposed legislative requirement concerning supply of Director information; or my application for Directorship will not require the supply of Director ID information and my Directorship application is not refused for lack of Director ID information, and
  • Should my Directorship be terminated prior to me receiving your reply and answers to this Third Demand Notice, a cheque for ten million Australian dollars ($10,000,000.00AUD), made out to <Name of Your Estate>, will be delivered to me by you within 14 days of the date of my Directorship termination, and
  • Likewise, should my application for Directorship be refused on the basis of failure to supply Director ID information, prior to me receiving your reply and answers to this Notice, a cheque for ten million Australian dollars ($10,000,000.00AUD), made out to <Your Full Name>, will be delivered to me by you within 14 days of the date of your refusal of my Director application, and
  • You yourselves have committed many crimes against the Commonwealth of Australia and its people, and
  • You are not a Court, and
  • All indemnities, warranties, legislation and protections afforded you in relation to your trespass or inappropriate use of my private property, are waived and voided, and you acknowledge your personal liability, culpability, vulnerability and accountability for all harm you cause/d the Director or myself.
  • They have no claim of jurisdiction or authority over me and therefore cannot legally, lawfully or validly compel me to comply with any of their directions, Orders and/or alleged or proposed legislation concerning supply of Director ID information, and
  • I am a private man or woman, as the case may be, therefore being beyond their sphere or scope of authority and jurisdiction, and
  • I am free and at liberty to do as I so see fit and desire as long as no life is harmed, and
  • They themselves will exert their own energies into stopping and prevention of the creation of proposed legislation, Orders and/or directions for supply of all Director’s ID information, and
  • They themselves accept full and complete liability personally for all harm and commercial damages caused me or the Director as a result of my compelled or mandatory compliance with the supply of Director ID information, and that they agree to pay me in timely manner an award for the damages caused me.
  1. Await 14 days from the date disclosed on your Third Demand Notice to pass. On the 15th day you “Certify” the commercial default and Private Default Judgment against the respondents and in favour of yourself by completing and delivering an Affidavit (“Round 4” document), witnessed by a qualified public officer titled “Justice of the Peace” (J.P.), along with;
  • A Certificate of Mailing placed above the Affidavit ,and
  • Mail the two documents to each of the respondents
  1. Again, ensure you have scanned the completed documents to your computer for your records.
  1. If ASIC or ABRS harasses or stalk you after the 14 day default period has expired on your delivered Third Demand Notice, then you can deliver three successive further Demand Notices For Payment of Debt, a debt that ASIC and/or ABRS and the respondents now owe you by mutual agreement via assent through the respondents’ silence, when the respondents both failed, refused or neglected to reply to your initial three demand notices.
  1. The further Demand for Payment Notices also need to be delivered by registered post mail envelope so you have a tracking number as proof of delivery.
  1. Ensure a Certificate of Mailing and an Invoice accompanies each successive Demand Notice for Payment of Debt. This is essential!
  1. Upon default of payment of the third Demand for Payment Notice, you can serve on ASIC and ABRS a Creditor’s Statutory Demand For Payment of Debt, with its supporting Affidavit by registered post mail envelope. ASIC and ABRS have 21 days to pay the debt or risk being wound up by an administrator that you can appoint via application to the Federal Circuit Court.

Note: It is unlikely you will be hassled by employees or agents of ASIC or ABRS once you have delivered the first demand notice. However ensure you follow through with the three step notification process so you achieve an agreement by assent. That’s the ace to aim for.

  1. If however, your Directorship is closed down by ASIC and/or ABRS or you receive a penalty notice from either of those parties because you did not comply with supplying your Director ID, then this is evidence that you have been commercially harmed. This is a breach of the above obtained agreement, achieved by the respondents three successive defaults in answering each of your three demand notices, thereby invoking the next series of steps (not mandatory but encouraged), that is to pursue the respondents for an award for damages.                              The amount of the award for damages is the amount you declared within your three earlier Demand Notices.                                                                                                             

Key Fifth Round documents you require are: - directed to each of 2 respondents

  1. The 1st step is to deliver to each respondent a Notice and Demand For payment of Debt (First Demand Notice), with an accompanying Certificate Of Mailing and Invoice. The First Demand Notice and Invoice can be delivered ton each of the two respondents separately.

Key Sixth Round documents you require are: - directed to each of 2 respondents

  1. Await 14 days from the date disclosed upon the First Demand Notice, then when the respondents default in their payment to you, deliver the second Demand For Payment Notice titled “Default Of Payment Notice and Notice And Demand For Payment Of Debt” (Second Default Notice), with an accompanying Certificate Of Mailing and Invoice.

Key Seventh Round documents you require are: - directed to each of 2 respondents

  1. Await a further 14 days from the date disclosed upon the Second Demand Notice, then when the respondents default in their payment to you, deliver the third Demand For Payment Notice titled “Final Notice And Notice And Demand For Payment Of Debt” (Third Default Notice), with an accompanying Certificate Of Mailing and Invoice.

Key Eighth Round documents you require are: - directed to each of 2 respondents

  1. If/when the respondents both fail to pay their debt to you within the stipulated 14 days of the date upon the third Demand Notice, you can then serve their organisation either in person, by process server, or by registered post return mail (recommended) a Creditor’s Statutory Demand for Payment of Debt, with accompanying “Certificate of Mailing” and a supporting Affidavit. The respondents have precisely 21 days to pay you the award they agreed to pay you.

Key Ninth Round documents you require are: - directed to each of 2 respondents

  1. If the respondents fail to pay you the amount of the award they agreed to pay you, the next step is to file an application before the Federal Circuit Court to appoint an administrator so they can be appointed by the Court to wind up the respondent organisations. An example application hasn’t yet been completed by Solutions Empowerment but it is anticipated, pending time availability, an example will be made available later during the course of 2023.

We wish everyone taking these steps, every success.

Kindest Regards

Mark

Solutions Empowerment

List of Documents

  1. Notice of Conditional Acceptance & Certificate of Mailing
  1. Default Notice & Certificate of Mailing
  1. Final Notice & Certificate of Mailing
  1. Affidavit & Certificate of Mailing
  1. Notice & Demand For Payment of Debt, Invoice & Certificate of Mailing
  1. Default Notice & Notice & Demand For Payment of Debt, Invoice & Certificate of Mailing
  1. Final Notice & Notice & Demand For Payment of Debt, Invoice & Certificate of Mailing
  1. Creditor’s Statutory Demand For Payment of Debt & Certificate of Mailing
  1. Affidavit in Support

Solutions Empowerment©TM

Adhere to the following steps to retain & exercise your rights, liberties and freedoms whilst retaining your entitlements & right to free choice in regard to legislation, Orders and/or directions to supply information pertaining to Director’s ID.

1. No-­‐one and no legislation, statute, act or code on earth can over-ride, trespass, set aside or diminish an agreement or contract (Rules of Equity), as the Rules of Equity (defined as what is fair, just & equitable) prevails over legislation.

This three step notification process is mandatory because without noticing and expressing to the hierarchy of alleged authorities of your non-consent and your objection to supply of your information pertaining to Director’s ID it will be presumed by your silence that you have assented and agreed to it. Your silence is regarded as your agreement by assent. Never ever remain silent on any issue you don’t consent and object to. You must express your non-consent by way of a written notification process.

Some Options Before We Begin

We, at Solutions Empowerment, have been approached by numerous people in the recent months leading to the Direct ID compliance period of 30 November 2022, stressed at the thought of having to comply with alleged legislation, Orders and/or directions to supply information pertaining to Director’s ID.

The requirement is a nonsense as there is no legislation requiring compliance.

Further, an Order or direction is not law.

Hence there is no requirement for compliance, its that simple.

Sadly, not everyone understands the simplicity of this message. As a result, we have provided those people that actin the office of a Director, various options, as disclosed below;

1. Resign as a Director, or don’t make an ASIC application for that office, or

2. If your business does not advertise or market its service or product within the public realm (via any form of media, social media, website (other than a website that offers a private membership) and doesn’t need to (many operate through word of mouth referals), then you may cancel your business or company registration and operate privately under a Foundation, a Foundation having the capacity to do everything your business or company name can do other than advertise or market, or

3. If your business does require to advertise or market its service or product within the public realm, you might engage a proxy to act as your Director under your instructions, if this is practical, whereby you;

  • Appoint your proxy under a private contract, the contract you keep, that specifies their precise role, tasks, conduct, performance, compensation package and all relevant terms and conditions, and
  • Control your proxy (behaviour and conduct) so as to “keep them honest” by having them sign an undated letter of resignation so if they themselves commit an offence or conduct themselves counter to your expressed wishes, you can simply date the letter of resignation prior to their offensive conduct and sack them, or

4. You proceed to the Non Consent to supply of Director ID information process, thereby holding your position and retaining your office as Director without having to comply with any alleged or proposed legislation, Orders and/or directions mandating the Director to supply their Director ID information.         

Part 1

The Key First Round Documents you require are;

  1. A “Certificate of Mailing” – Positioned on top of the bundle of documents for the 2 respondents. A third party witness, a friend, can testify to witnessing the Certificate of Mailing and inserting the bundle of documents into a registered mail envelope. This eliminates any claim there were no documents in the envelope when the respondent receives it (Police Sergeant claimed in court the registered mail envelope he’d received had no documents within it!).
  1. A “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability” (First Demand Notice) – is directed to each of the 2 respondents.
  1. A “Declaration in the format of an Affidavit and Notice of Understanding and Intent and Claim of Right (Declaration), where you assert your claim to various rights which must be rebutted by the respondents or your asserted claims stand at law (law is contract. Law is formed through an unrebutted Affidavit). Only one copy will be emailed to you by reason it is generic, so you only need make two copies after it is sealed by a Justice of the Peace (JP) and direct one copy to each of the 2 respondents.
  1. One copy of a document titled “Fee Schedule” is provided to you. Make a further two copies so each respondent receives a copy and place it as an exhibit to the Declaration immediately behind the last page of the Declaration.
  1. “Cruden v Neale” being a single page document that is an exhibit to the Declaration and is to be placed immediately behind the first exhibit titled “Fee Schedule” at the back of each Declaration.
  1. An “Affidavit of Claimant” - directed to each of the 2 respondents, for the respondents to complete. Neither respondent will complete it, thus admitting personal liability and guilt for their part in mandating the supply of Director ID information from Directors when no law requires or mandates it.
  1. A document expressing “Tampering with the mail…”. This statement is to be handwritten in bold red pen on the top of each envelope. Mail has been with held at various Post Offices, being evidence of the Federal offence of “tampering with the mail”. The Post Office needs to be placed on notice not to interfere with the delivery of mail.

The “First Demand Notice” must be signed by you as the acting Director.

The “Declaration” is signed by you before a J.P. Make 2 copies. You keep the original and you direct a copy to each of the two respondents.

The “Affidavit of Claimant” is directed to each of the 2 respondents for them to sign before a JP.  It is not for you to sign nor complete. Its purpose is to ensure the respondents either accept liability and guilt for any detrimental effect upon the Director caused by the provision of their own personal confidential commercial information (private information and property) – Director ID information to the respondents or the respondents reply to you in writing expressing they are opposed themselves to alleged or proposed legislation, Orders and/or directions compelling Directors to supply their Director ID information to the respondents, and that they themselves will do everything within their powers to stop such a program. You will receive from us one copy of the Affidavit of Claimant. Print a copy for each of the 2 Respondents.

The “Certificate of Mailing” discloses all the documents to insert in the envelope. It is signed by your witness (Friend or family member). Place the Certificate of Mailing at the top of the bundle of documents.

Ensure you hand write in red ink upon the front face of each of the 2 registered post mail envelopes “Tampering with the mail is a Federal Offence…”.

Ensure you photocopy all signed documents and retain a scanned copy of these.

Also take a snap shot of the registered post mail envelopes before you post them. It’s imperative you create a record of all communications and proof of mailing and proof of delivery – by going to the Australia Post website and key in the unique registered post mail number so as to identify precisely when each of the respondents received their bundle of documents.

Wait 14 days after posting the bundle of documents. It is extremely unlikely any respondent will reply to you and deliver answers to your First Demand Notice nor rebut the assertions made in your “Declaration”. This is precisely the outcome we want so the respondents proceed to their first default.

On the 15th day after having posted the first round bundle of documents to the respondents, you can proceed with posting the second round bundle of documents to the same respondents.

Key Second Round documents you require are: - directed to each of 2 respondents.

  1. Certificate of Mailing (Positioned on top of the Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability.
  1. Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability (Second Demand Notice).
  1. You’re unlikely to receive a reply to your first or your second round of documents. Whether you do or don’t receive a reply, 14 days after having posted the first round documents (diarise all your mailing dates) – proceed to “Round 2” documents – “Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability” (Second Demand Notice) and post the round 2 documents on the 15th day after having posted the round one documents.

Key Third Round Documents you require - directed to each of same 8 key respondents, are;

  1. Certificate of Mailing
  1. Final Notice, Notice and Demand for Further and Better Particulars and Notice of Liability (Third Demand Notice)

Wait again 14 days for any reply to the second round documents and on the 15th day proceed with completing the “Round 3” document titled “Final Notice, Notice and Demand for Further and Better Particulars and Notice of Liability” (Third Demand Notice). If the respondents don’t reply with answers to the questions asked within your Third Demand Notice within 14 days of the date on the that Notice then it is taken as the respondents’ third default and a private default judgment is created where the respondents agree, by assent through their silence, that;

  1. You are not required, and are exempt from having, to supply your Director ID information to the respondents, and
  1. They themselves will exert their own energies into stopping and prevention of the requirement or mandate for supply of your Director ID information to the respondents, and
  1. They themselves accept full and complete liability personally for all harm and damages caused you, acting in the office of Director, by your compliance, under threats of menace, to compelled or mandated supply of your Director ID information to the respondents, and that they agree to pay you in timely manner an award for the damage/s caused you by your compliance to the alleged or proposed legislation, Orders and/or directions compelling or mandating you supply your Director’s ID information to the respondents.

Key Fourth Round Documents required and directed to each of the respondents are;

  1. Certificate of Mailing
  1. Affidavit

Instructions

  1. Before you begin you need to purchase 2 A4 size registered post envelopes for the first round of documents, one for each respondent, 2 envelopes for each of the second, third and fourth rounds of documents <In some countries there are no registered mail envelopes so when asked for registered post mail number on the data entry section of the website just enter 12 zeros.
  1. Click on link titled <Title Name>.
  1. Locate under the “Non Consent To Supply Of Director ID Information” templates, click on “automated documents”.
  1. Click on country of residence.
  1. Click on “Account Setup” and follow the prompts. Enter your personal details as these are required on all the documents making up the 4 step process. It will save you much time by not having to hand write your personal details on each document.
  1. You will receive the documents by email in PDF form.
  1. Ensure you scan to your computer all the signed and completed documents so you have copies at hand.
  1. Post both registered mail envelopes after you have completed & signed the relevant documents.
  1. Wait 14 days to receive a reply from the respondents before beginning the second round of documents.
  1. It is highly unlikely you will receive a reply from either respondent.
  1. Whether a reply is received or not, on the 15th day of the date at the top of the first page of the First Demand Notice, deliver the Second Demand Notice and accompanying Certificate of Mailing, to the same respondent.
  1. Go to the Non Consent section of the website, locate the Non Consent To Supply Of Director ID Information and click on Round 2 and follow and complete the process.
  1. Ensure again that you scan to your computer all the signed and completed documents so you have copies at hand.
  1. You will require 2 business size (smaller than A4) registered mail envelopes (unless you are in a country that has no registered mail), one for each of the 2 respondents.
  1. Just like the round one process, have your witness, a friend or family member, complete the 2 respective “Certificates of Mailing”. You sign the Second Default Notices.
  1. Scan them to your computer for your records.
  1. Post copies of the Round 2 documents within a registered post mail envelope to each of the respondents.
  1. Again wait 14 days before beginning the third round of documents.
  1. Again, it is highly unlikely you will receive a reply from either respondent.
  1. Whether a reply is received or not, on the 15th day of the date at the top of the first page of the Second Demand Notice, deliver the Third Demand Notice and accompanying Certificate of Mailing, to the same respondent.
  1. On day 15, repeat the above steps to complete the third round of documents.
  1. An email bearing the third round documents, a set of 2 Certificates of Mailing and 2 Final Demand Notices, one for each respondent, will be sent to your email address almost instantaneously.
  1. Just like the round one process, have your witness, a friend or family member, complete the 2 r “Certificates of Mailing”. You sign the Final Demand Notices.
  1. Scan all documents to your computer for your records.
  1. Then insert the Certificate of Mailing and accompanying Final Demand Notice for each of the 2 respondents and post them in their respective registered post mail.
  1. Ensure you have scanned copies of all registered post mail receipts – slips, the tier away sections on the registered post mail envelopes as a record of proof of mailing, and exhibit the scanned copies to your Affidavit as evidence of proof of mailing.
  1. Ensure you take snap shots of all the delivered Demand Notices by going onto the Australia Post website, key in each successive registered post mail number and take a snap shot, as proof of delivery and exhibit it as proof of delivery to your affidavit.
  1. If the respondents haven’t replied to your registered mail correspondence within 14 days of the date on your correspondences, an agreement is established between all the parties (you and the respondents) where the respondents have agreed and accepted, by their assent via their silence and intent – inaction and acquiescence;
  • To not supply the Director’s private information and property to the respondents is not an offence, and
  • To supply the Director’s private information and property to the respondents when no law requires nor compels it is an offence under the Privacy Act 1988, and
  • If I elect to provide the Director’s private information and property to the respondents, the respondent will not use it for personal or commercial gain, to be on sold or forwarded for any purpose, and never to be used against or to the detriment of the Director or myself,
  • The respondents are legally and lawfully liable and culpable for all their own actions, as well as for the actions of all their underlings, agents, members, heirs, assigns and successors at all times, and
  • To the payout terms expressed within the Third Demand Notice, and
  • There is no contract between ASIC, ABRS, the respondents, their underlings, agents, members, heirs, assigns and successors, and the Director or the <wo/man> answering to the name “<Your Full Name>”, and
  • The source of your alleged authority, the Acts referred to and expressed within the Final Demand Notice, is void and irrelevant, and does not apply to the Director or the <wo/man> answering to the name “<Your Full Name>”, and
  • The respondents have no valid or bona fide authority or jurisdiction to act against the Director or myself, and
  • Neither I nor the Director are required to supply a Director’s ID and my Directorship remains unaffected by any alleged or proposed legislative requirement concerning supply of Director information; or my application for Directorship will not require the supply of Director ID information and my Directorship application is not refused for lack of Director ID information, and
  • Should my Directorship be terminated prior to me receiving your reply and answers to this Third Demand Notice, a cheque for ten million Australian dollars ($10,000,000.00AUD), made out to <Name of Your Estate>, will be delivered to me by you within 14 days of the date of my Directorship termination, and
  • Likewise, should my application for Directorship be refused on the basis of failure to supply Director ID information, prior to me receiving your reply and answers to this Notice, a cheque for ten million Australian dollars ($10,000,000.00AUD), made out to <Your Full Name>, will be delivered to me by you within 14 days of the date of your refusal of my Director application, and
  • You yourselves have committed many crimes against the Commonwealth of Australia and its people, and
  • You are not a Court, and
  • All indemnities, warranties, legislation and protections afforded you in relation to your trespass or inappropriate use of my private property, are waived and voided, and you acknowledge your personal liability, culpability, vulnerability and accountability for all harm you cause/d the Director or myself.
  • They have no claim of jurisdiction or authority over me and therefore cannot legally, lawfully or validly compel me to comply with any of their directions, Orders and/or alleged or proposed legislation concerning supply of Director ID information, and
  • I am a private man or woman, as the case may be, therefore being beyond their sphere or scope of authority and jurisdiction, and
  • I am free and at liberty to do as I so see fit and desire as long as no life is harmed, and
  • They themselves will exert their own energies into stopping and prevention of the creation of proposed legislation, Orders and/or directions for supply of all Director’s ID information, and
  • They themselves accept full and complete liability personally for all harm and commercial damages caused me or the Director as a result of my compelled or mandatory compliance with the supply of Director ID information, and that they agree to pay me in timely manner an award for the damages caused me.
  1. Await 14 days from the date disclosed on your Third Demand Notice to pass. On the 15th day you “Certify” the commercial default and Private Default Judgment against the respondents and in favour of yourself by completing and delivering an Affidavit (“Round 4” document), witnessed by a qualified public officer titled “Justice of the Peace” (J.P.), along with;
  • A Certificate of Mailing placed above the Affidavit ,and
  • Mail the two documents to each of the respondents
  1. Again, ensure you have scanned the completed documents to your computer for your records.
  1. If ASIC or ABRS harasses or stalk you after the 14 day default period has expired on your delivered Third Demand Notice, then you can deliver three successive further Demand Notices For Payment of Debt, a debt that ASIC and/or ABRS and the respondents now owe you by mutual agreement via assent through the respondents’ silence, when the respondents both failed, refused or neglected to reply to your initial three demand notices.
  1. The further Demand for Payment Notices also need to be delivered by registered post mail envelope so you have a tracking number as proof of delivery.
  1. Ensure a Certificate of Mailing and an Invoice accompanies each successive Demand Notice for Payment of Debt. This is essential!
  1. Upon default of payment of the third Demand for Payment Notice, you can serve on ASIC and ABRS a Creditor’s Statutory Demand For Payment of Debt, with its supporting Affidavit by registered post mail envelope. ASIC and ABRS have 21 days to pay the debt or risk being wound up by an administrator that you can appoint via application to the Federal Circuit Court.

Note: It is unlikely you will be hassled by employees or agents of ASIC or ABRS once you have delivered the first demand notice. However ensure you follow through with the three step notification process so you achieve an agreement by assent. That’s the ace to aim for.

  1. If however, your Directorship is closed down by ASIC and/or ABRS or you receive a penalty notice from either of those parties because you did not comply with supplying your Director ID, then this is evidence that you have been commercially harmed. This is a breach of the above obtained agreement, achieved by the respondents three successive defaults in answering each of your three demand notices, thereby invoking the next series of steps (not mandatory but encouraged), that is to pursue the respondents for an award for damages. The amount of the award for damages is the amount you declared within your three earlier Demand Notices.

Key Fifth Round documents you require are: - directed to each of 2 respondents

  1. The 1st step is to deliver to each respondent a Notice and Demand For payment of Debt (First Demand Notice), with an accompanying Certificate Of Mailing and Invoice. The First Demand Notice and Invoice can be delivered ton each of the two respondents separately.

Key Sixth Round documents you require are: - directed to each of 2 respondents

  1. Await 14 days from the date disclosed upon the First Demand Notice, then when the respondents default in their payment to you, deliver the second Demand For Payment Notice titled “Default Of Payment Notice and Notice And Demand For Payment Of Debt” (Second Default Notice), with an accompanying Certificate Of Mailing and Invoice.

Key Seventh Round documents you require are: - directed to each of 2 respondents

  1. Await a further 14 days from the date disclosed upon the Second Demand Notice, then when the respondents default in their payment to you, deliver the third Demand For Payment Notice titled “Final Notice And Notice And Demand For Payment Of Debt” (Third Default Notice), with an accompanying Certificate Of Mailing and Invoice.

Key Eighth Round documents you require are: - directed to each of 2 respondents

  1. If/when the respondents both fail to pay their debt to you within the stipulated 14 days of the date upon the third Demand Notice, you can then serve their organisation either in person, by process server, or by registered post return mail (recommended) a Creditor’s Statutory Demand for Payment of Debt, with accompanying “Certificate of Mailing” and a supporting Affidavit. The respondents have precisely 21 days to pay you the award they agreed to pay you.

Key Ninth Round documents you require are: - directed to each of 2 respondents

  1. If the respondents fail to pay you the amount of the award they agreed to pay you, the next step is to file an application before the Federal Circuit Court to appoint an administrator so they can be appointed by the Court to wind up the respondent organisations. An example application hasn’t yet been completed by Solutions Empowerment but it is anticipated, pending time availability, an example will be made available later during the course of 2023.

We wish everyone taking these steps, every success.

Kindest Regards

Mark

Solutions Empowerment

List of Documents

  1. Notice of Conditional Acceptance & Certificate of Mailing
  2. Default Notice & Certificate of Mailing
  3. Final Notice & Certificate of Mailing
  4. Affidavit & Certificate of Mailing
  5. Notice & Demand For Payment of Debt, Invoice & Certificate of Mailing
  6. Default Notice & Notice &  Demand For Payment of Debt, Invoice & Certificate of Mailing
  7. Final Notice & Notice &  Demand For Payment of Debt, Invoice & Certificate of Mailing
  8. Creditor’s Statutory Demand For Payment of Debt & Certificate of Mailing
  9. Affidavit in Support

Rounds (1 - 4)

Rounds 1 – 4 is designed specifically to obtain an agreement with the respondents by default through their silence and failure to reply, being taken as their assent. An assent is an agreement.

Rounds (5 - 8)

Rounds 5 – 8 is specifically designed to pursue a sum of an award from the respondents by reason of their breach of agreement that was achieved by the respondents expression of agreement by assent to the terms and conditions disclosed within the Round 3 document titled Final Notice, Notice and demand For Further and Better Particulars, Else Notice of Default Judgment.

Additional Information

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Know why ASIC’s response to inquiries about Director ID provision raises concerns. Learn how we’re seeking clarity on the legal basis behind their demands and demanding evidence of legislative mandates. 

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