Make your Complaint to the Australian Competition and Consumer Commission (ACCC) to get this unjust situation remedied. The ACCC Administers the Trade Practices Act which applies in Queensland and over rides State Laws. See More details at www.petmafia.com.au
The Officer in Charge.
Australian Competition and Consumers Commission.
Level 3
500 Queen Street
Brisbane Qld 4000
Ph: (07) 3835 4666
Fax: (07) 3832 0372
I write to lodge a complaint against the Royal Society for Prevention of Cruelty to Animals Queensland Incorporated (RSPCA Qld. Inc.) and the Canine Control Council (Queensland) (CCCQ) for contravention of section 46 of the Trade Practices Act 1974.
It is my submission that together these two organizations have formed a cartel to take control of the Pet Breeding Industry in Queensland and I would suggest it is happening in other states as well. With their legal and political powers they are deliberately and ruthlessly stealing breeding stock from their competitors and then abusing their powers to restrain their victims from operating their breeding business. They are eliminating opposition in their market. RSPCA Qld. Inc. using the Animal Care and Protection Act take (Pedigreed) breeding stock and sales stock and supply that stock to members of the Canine Control Council (Queensland) Members or sell the stock from their retail outlets they call shelters.
Geraldine Robertson owns a breeding kennel and had bred very rare and expensive red and brown Standard and Toy Poodles which were in very high demand both locally and overseas. She was not prepared to supply her competitors in Australia with any breeding stock at their cheap prices as she was exporting puppies for $6000.00 each. So, her competitors, using RSPCA Qld. Inc., came and stole them and then set about ensuring she will “never own another dog again”. (Unfair business practices and Restraint of trade).
LEGAL GROUNDS:- RSPCA IS A TRADING BUSINESS, A COMPETITOR to all who sell puppies.
1.
Trade Practices Act 1974 Section 46 Misuse of
market power.
“(1) A corporation that has a substantial degree of power in a market shall not take advantage of that power in that or any other market for the purpose of:
(a)
eliminating or substantially damaging a competitor of the corporation or of a
body corporate that is related to the corporation in that or any other market;
(b)
preventing the entry of a person into that or any other market;
or
(c)
deterring or preventing a person from engaging in competitive conduct in that or
any other market.”
2. Constitutionally:-
(i) Queensland State Law cannot subjugate Commonwealth Law or authorise contravention of Commonwealth Law. (Commonwealth Constitution section 109)
(ii)
The Queensland State Government DOES NOT have legislative authority to
enact law that authorises a trading corporation to inflict damage upon
competitors in trade and commerce within the market place, in contravention of
section 46 of the Trade Practices Act 1974, EVEN UNDER THE GUISE of enforcement of
Queensland Law.
3.
During the financial year 2007/2008 RSPCA Qld. Inc., attracted revenue of
$19,769,870.00. through twenty three retail outlets across Queensland. (RSPCA
Qld. Inc. (Annual Financial Statements 2007/2008 and Annual Report)
4. The RSPCA Qld. Inc.
IS a trading corporation under section 51 (xx) of the
Commonwealth Constitution and section 4 of the Federal Trade Practices Act 1974
as also in cases determined by the Courts. (R v Federal Court of Australia; Ex parte WA National Football League
(“Western Australia Football Case”) [1979] HCA 6; (1979) 143 CLR 190 (27
February 1979); Orion Pet Products Pty Ltd v Royal Society for the Prevention of
Cruelty to Animals (Vic) [2002] FCA 860 (5 July 2002); Shahid v Australian
College of Dermatologists [2008] FCAFC 79 (9 May 2008))
5.
The RSPCA Qld. Inc. competes directly in trade and commerce with other
traders in the pet
trade. Members of the "Cartel" compete directly with Geraldine Robertson in
that they also breed and or sell dogs in a highly lucrative market but mostly do
not own the superb luxurious kennel setup of Geraldine Robertson's.
6. Section 114 (2) (a) (ii) of the Queensland Animal Care and Protection Act 2001 purports to delegate authority, to RSPCA Qld. Inc. to investigate, enforce and prosecute Queensland Law against competitors in trade and commerce within the market place.
7. Section 212 (2) (a) Delegations. The Minister delegates his powers under the Animal Care and protection Act to the chief executive (212 (1)) and the Chief Executive has delegated those powers to RSPCA's Michael Pecic ((a) an authorised officer or inspector;). RSPCA now administers the Animal Care and Protection Act 2001. A private business administers an Act of Parliament against its competitors.
8. Under the guise of enforcement
RSPCA acted criminally by stealing hundreds of pet livestock from numerous
breeders with planned raids, together with a fully planned campaign of
defamation, massive media coverage with fabricated evidence, threats of total annihilation
of the victim's business and security from legal actions to defend RSPCA's
drummed up charges of "neglect", "cruelty", etc... and at
the same time begging and pleading to the general public for donations of cash,
properties to "save these malnourished, neglected, cruelly treated
animals". COMMON SENSE would dictate that
business owners would take extra care of the welfare of their business stock as
healthy and happy animals are the ONLY means for them to be successful and competitive
in the lucrative pet market.
9. RSPCA Qld. Inc. has no known cause of action as against Geraldine Robertson under the Queensland Animal Care and Protection Act 2001 as The Act is enforced totally unsupervised by personnel of RSPCA a "private" competitor business. RSPCA Qld. Inc is not owed anything by the competitors it steals from, they are now pursuing a debt of any type. They are pursuing their own greed in taking their competitors stock and then selling that stock for their own profit.
10. The FACT that DPI (Department of Primary Industries & Fisheries) ALWAYS FORFEIT all animals seized by RSPCA for RSPCA to do whatever RSPCA wishes with them also gives RSPCA the ability to sell the animals prior forfeiture (THE FATE OF MOST OF Geraldine Robertson's BELOVED PEDIGREED POODLES - hence Geraldine Robertson was NOT ALLOWED to microchip her dogs at seizure or to view them after seizure. Geraldine Robertson's many pleadings to DPI and Magistrate C.J.Strofield in the Magistrate Court Hearing of Geraldine Robertson's Appeal lasted more than 18 days, to order RSPCA to allow her to identify and see her beloved poodles AS STATED IN SECTIONS 150 TO 153 of the Act WERE REFUSED.
11. Geraldine Robertson's Contempt Applications are still awaiting the Magistrate ok to be filed since 12 December 2008. RSPCA have acted in contempt of the law in the manner in which they acted and this has been condoned by DPI and Magistrate C. J. Strofield.
12.
Notwithstanding, damage caused to Geraldine Robertson's interests under
guise of enforcement of Queensland Law, nonetheless constitutes contravention of
section 46 of the Trade Practices Act 1974.
13.
Within the meaning and interpretation of section 46 of the Federal Trade
Practices Act employees of the Royal Society for Prevention of Cruelty to
Animals Queensland Incorporated have caused detriment, restricted trade and
prevented trade of Geraldine Robertson in her retirement hobby interests by
seizing animals and other property of Geraldine Robertson's.
14. I regard the Royal Society for Prevention of Cruelty to Animals
Queensland Incorporated as a predatory competitor to Geraldine Robertson that
has caused detriment and losses to Geraldine Robertson in trade and commerce
under the guise of law enforcement.
15.The Geraldine Robertson harbours grave fears that the RSPCA Qld inc. fully intends to cause further detriment and losses to her retirement hobby business interests under the guise of law enforcement, to further RSPCA Qld. Inc. motives and goals as a trading corporation and, to eliminate competitors within the market place.
I ask that you look into this and examine the web site www.petmafia.com.au for more details.
Yours sincerely,
__________________ (Signature)
(Name)