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The Principality of Hutt River is situated 595 km north of Perth, Western Australia and is about 75 square km in area, consisting of some 18,500 acres of land. Hutt River is an Independent Sovereign State having seceded from Australia on the Twenty First Day of April 1970 and is of comparable size to Hong Kong (not the New Territories).
in November 1969 they received a Wheat Quota of 1647 bushels for the 18,500 acre property. Under this new Quota it would have taken five hundred years to crop the same average amount of wheat that had been harvested in the previous twenty years. The gross proceeds would not have even paid the interest on the hire purchase on two four-wheel drive tractors that were in use. This did not allow any return for maintenance of their homes and families, no income on which to survive let alone profit.. Naturally this was considered an intolerable situation in which to be placed. The matter of an appeal to remedy this situation was immediately considered. It was found that the Western Australian Government had in fact no legislation to judicially validate their action. However there was a Wheat Quota Bill before Parliament being discussed. The bill contained two clauses which were of grave concern: 1. No appeals would be allowed against the quotas granted: and: 2. No compensation would be allowed for any losses suffered as a result of quotas.
A protest was therefore lodged with the Wheat Quota Board, the Premier of Western Australia and the Governor of Western Australia, Sir Douglas Kendrew. No reply was received from the Wheat Quota Board or the Premier of Western Australia. However, the Governor took the matter up, calling for Ministerial advice. The Governor duly passed down the Ministerial advice that no alteration whatsoever would be allowed to the Casley’s Western Australian State Government wheat quota.
How to effect a reversal of the Governor's decision was a tough question. The necessity to do so was imperative. Therefore it was decided to appeal to Her Majesty with a call for Independence. This would draw attention to the actual gravity of the situation. Further, a claim under the Unjust Enrichment would add further weight.
The day after the claim was lodged there were Ministerial moves. Two weeks later a bill was introduced into Parliament whereby the Government would have the power to resume any rural lands. The exercising of such power to resume any rural lands by the Western Australian Government upon the Casley families, should the bill have become law, may well have been an easy answer to the claim on the West Australian Government.
By this time they were not only annoyed and gravely concerned, but were also frightened. A family meeting was called to consider the gravity of the situation. At this meeting a law was discussed which states that if the economy has been taken and a threat to the loss of the lands exists, a self-preservation Government may be formed. It was decided to exercise this entitlement and serve a formal secession notice. This would effect a judicial block against any resumption of their lands under Western Australian administrative law, as the law states that all administrative laws existing cease immediately upon secession and must be re-legislated.
So on the twenty-first day of April 1970, formal notice of secession was duly served on the Western Australian State Premier Sir David Brand, the State Governor Sir Douglas Kendrew, the Acting Prime Minister of Australia Mr John McEwen, and the Governor General of Australia, Sir Paul Hasluck.
Having seceded from the Commonwealth of Australia and the State of Western Australia required that the people of the Province elect a Government. A Board of four Administrators with Leonard George Casley as the Administrator was duly elected to govern the seceded area which the Board named the HUTT RIVER PROVINCE. Adoption of a Provincial Flag was also a judicial requirement with which the Board duly complied. Then the British Diplomatic Laws of recognition of a new foreign Government were followed. Firstly it is a Royal Prerogative to recognise a new foreign Government; and secondly in the Principle in Law when it is under consideration to give such recognition it is specified that validity is not the question, and that the right of the Government to speak for the people it represents is to be considered.
In 1976, Australia Post refused to handle Hutt River mail, forcing mail to be redirected via Canada. Following repeated demands by the Australian Taxation Office (ATO) for the payment of taxes, on 2 December 1977 the province officially declared war on Australia. Leonard Casley notified authorities of the cessation of hostilities several days later. The declaration was simply legal maneuvering, Casley wrote to the Governor-General; "Sovereignty is automatic to a country undefeated in a state of war...and if the state of war is not recognized by the other party, once the notice is given then these conventions apply to their relations." Casley believes that he had effectively set a persuasive precedent for international recognition of Hutt River under the Geneva Convention. In 1980, the mail service was restored after a Perth court ruled that Hutt River currency and postage stamps were valid and legal within the principality. In 2013, Casley stated that the ATO sent a new tax demand in 2012 to which he responded with a legal document supporting status as a "foreign national and non-resident of Australia." Hutt River residents are still required to lodge income tax forms but are classed by the ATO as non-residents of Australia for income tax purposes; thus income earned within the province is exempt from Australian taxation. The province displays ATO documents supporting that no tax is paid but the ATO cannot verify the provinces tax status as they cannot by law comment on the affairs of individuals. However, Casley admits to making annual "gifts" to the Shire of Northampton. The province levies its own income tax of 0.5% on financial transactions by foreign companies registered in the province and personal accounts. While the principality maintains it does not pay taxes, the Australian government's current official position is that it is nothing more than a private enterprise operating under a business name.
originally posted by: Shana91aus
S&F this is really cool info thanks for sharing! I am from Perth and had never heard of this or the family before reading this thread! I wonder if things would play out differently if that had happened now vs back then though.
AUSTRALIAN GOVERNMENT DOES NOT RECOGNISE THE HUTT RIVER PROVINCE
AB07/10 23 October 2007
The Australian Ambassador to the United Arab Emirates, Jeremy Bruer, today said the Embassy had learned that an office purporting to represent the “Hut River Province” was operating in Dubai and allegedly selling travel documents. The Ambassador said the Australian Government did not recognise the "Hutt River Province", legally or in any other way.
The area of land which is described as the "Hutt River Province" is a privately-owned wheat-growing property on the Hutt River, north of Geraldton in the State of Western Australia. It has no special status. It has no separate sovereignty and remains subject to the Australian Constitution and the laws of Australia.
Following from its policy of not recognising the "Hutt River Province", the Australian Government does not recognise the "royal titles" nor titles of office, such as "Head of State", "State minister" and "Minister for Foreign Affairs" assumed by the family owning the property nor the use of terms such as "consulates" and "principality" in relation to the "Hutt River Province".
Documents purporting to be "passports" issued by the "Hutt River Province" are not recognised as valid passports by the Australian Government.
'Hutt River Province' and international business companies
Warning to potential investors
The Australian Government does not legally or otherwise recognise the so-called 'Hutt River Province'.
The ATO has identified a situation where non-residents of Australia have been offered the chance to purchase international business companies and other entities purportedly incorporated or registered in the 'Hutt River Province'.
We are concerned that the companies and other entities may be sold as part of a tax avoidance or evasion arrangement.
You should avoid any arrangements involving 'Hutt River Province' international business companies and any other entities as well as any associated international dealings because they have no legal basis and could be illegal.
Here's some information from the Australian government, which may be worth a read:
originally posted by: pheonix358
a reply to: daaskapital
Here's some information from the Australian government, which may be worth a read:
It is from 2007 and is actually the most up to date information from our Government.
They don't pay taxes, it is as simple as that. The problem the Government has in this case, is they have no desire to test the case in court, because they will lose and be told to recognize the state.
So it just simmers on like a kettle that never boils.