let me explain some parts of the law

a lot of posters keep thinking that if its written in the law ,thats it.  well wrong ,ask any solicitor.

if that was the case we would not need any courts.

a law is written for instance law 1.   then there is only if  a  or   f   or section  bla , does not ocur.

lets talk about photos in a post office, once you hand over your letters and as soon as the postman stamps them ,they are deemed to be the property of the federal gov. once you touch or take a photo ,then theres privacy laws.  its simple its not yours anymore.

we also have posters complaining about paypal taking money out of your account when there is a problem.

read your contract with them , you agreed to there policy  ,if you dont agree dont sign up or take the contract to a solicitor. 

just because something is said in the law , companies have agreements with them  .  like the bank on charge backs  the law states a bank cant take money out of another banks client.  but the banks have an agreement that allows that.  and we all know that happens.

look at the law about porn movies , i still have had nobody answere that.  its simple the law states porn movies can only be sold in canberra.    have a look around  most suburbs have an adult shop.   i would say there is an agreement with the law.  these shops are not hidden , some are the size of small supermarkets.

in fact a couple of months ago i won an auction on ebay for some new steel paint tins and lids , when she gave me the pick up details  it was to an adult bookstore , i then looked at the  item number  in case i bid on the wrong line, but all correct. anyway i drive to the loading bay ,she opened up the roller door and my eyes nearly popped out , as i was loading the boxes , i did not ask why they had new empty paint tins , but i did ask why the girl on the corner wearing  just underwear was smiling at me ,she said thats a blow up doll , yes but whats her name.     lol

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Re: let me explain some parts of the law

candbe4
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Joe, literally everything you have "explained" about the law is wrong. I'll address your claims as someone who does actually know a little something about the law.

 

lets talk about photos in a post office, once you hand over your letters and as soon as the postman stamps them ,they are deemed to be the property of the federal gov

 

Speaking from an eBay transaction perspective, the moment that the buyer pays for an item in full, ownership/title in that item is transferred. You no longer own that item, long before you ever see the inside of the post office.

 

Australia Post are a carrier, no more, no less. What occurs is what is known as a bailment for reward, this means they take possession of your item upon payment of a sum and you authorise them to deliver the item (remembering that the item is already owned by the buyer) to a third party. Title is never transferred, that is the Government never has any legal interest in the item that Australia Post are carrying.

 

once you touch or take a photo ,then theres privacy laws.  its simple its not yours anymore.

 

It ceased to be yours once payment was made, by your logic once payment has been made you couldn't take a photo even in the privacy of your own home.

 

Yes privacy laws exist, but they do not apply in this instance. Photography of any person or item is permitted in all but the most limited of circumstances. The only time photography is prohibited is when a person could have a reasonable expectation to privacy. The law varies a little between states but generally the test is something like using a toilet etc. Taking a photo of an item of mail upon lodgement is perfectly legal and has been used and accepted as evidence in Australian courts many times.

 

just because something is said in the law , companies have agreements with them  .  like the bank on charge backs  the law states a bank cant take money out of another banks client.  but the banks have an agreement that allows that.  and we all know that happens.

 

"The law" states nothing of the kind. Banks and other financial institutions are signatories to a number of codes of practice which are generally endorsed by ASIC, a government regulatory body. These documents permit, and in fact compel banks to act in a certain manner when unauthorised usage or item not as described is reported to them.

 

look at the law about porn movies , i still have had nobody answere that.  its simple the law states porn movies can only be sold in canberra.    have a look around  most suburbs have an adult shop.   i would say there is an agreement with the law.  these shops are not hidden , some are the size of small supermarkets.

 

This deals with classification, not content. X rated movie can legally be sold in both the ACT and NT but R rated movies, many of which you might be referring to as "porn" can legally be sold in every state in Australia to any person over the age of 18. I will not dispute that X rated movies have been sold in prohibited states in the past, however there is no "agreement with the law", adult shops are frequently the subject of random inspections by law enforcement and are prosecuted when in breach of any applicable laws. All reputable adult shops outside of the 2 territories will stock only R rated material.

 

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Re: let me explain some parts of the law

sorry you were doing alright to you got to the porn , every adult book store sells x rated dvd   in fact up the road on a big ad at the front says x rated dvds $13 each    .  if i sell something  and the buyer pays for it am i allowed to go to the house or whatever and pick it up ,because as you say its mine. and not pay for the postage , and go to any ebay sellers house to pick t up because its mine.  mmmmmmm

no offence but if you think that adult book stores dont have 1/2 there shelves on display are not x rated , amazing amazing amazing.

i am going to buy some rose seeds, anything is posible.   thank you .made my day

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Re: let me explain some parts of the law


@joethenuts wrote:

sorry you were doing alright to you got to the porn , every adult book store sells x rated dvd   in fact up the road on a big ad at the front says x rated dvds $13 each    .  if i sell something  and the buyer pays for it am i allowed to go to the house or whatever and pick it up ,because as you say its mine. and not pay for the postage , and go to any ebay sellers house to pick t up because its mine.  mmmmmmm

no offence but if you think that adult book stores dont have 1/2 there shelves on display are not x rated , amazing amazing amazing.

i am going to buy some rose seeds, anything is posible.   thank you .made my day


Congratulations on having visited every adult shop in the country, you must be quite the expert on human sexuality!

 

It doesn't changed the fact that adult shops outside of the ACT and NT are not permitted to sell X rated material. As I have said, yes, it does happen but it certainly doesn't make it legal or accepted practice.

 

http://www.smh.com.au/nsw/police-raid-st-marys-adult-store-20100714-10b9e.html/

https://www.alrc.gov.au/sites/default/files/pdfs/ci_1856a_eros.pdf

 

And the answer to your other question, you are only permitted to pick up your item from the sellers house if this was agreed to by the other party, but of course you already knew this and are just wanting to be argumentitive.

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Re: let me explain some parts of the law

look what you say not bad , but please dont try and fool 99% of these posters that x rated movie are not sold in adult stores , yes i have been inside some not all dont be silly, thats why they have signs up saying x rated dvds for sale , 

and also you are wrong with owning an item , if you look in the law unless its specified no pick ups , you can come over and demand your goods. keep reding those books , over 1000 adult book stores in australia   name 1 that does not have x rated dvds on display and take up most there floor space.   when you can answere the porn question ,i would like to know.

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Re: let me explain some parts of the law

Joe, I have spent the better part of my life "looking in the law" as you refer to it as and I can tell you with some certainty that very little e-commerce specific law exists at present and as such, I'd be wasting my time looking for such a law simply because it doesn't exist.

 

Simply having ownership of an item does not invoke some all encompassing right of possession at whatever time or place suits you. In an eBay transaction you are party to a contract, a contract that could, and usually does, have numerous terms and conditions attached. You are in no way legally entitled to pick up an item unless it formed a part of the original contract (in that pick up was expressly allowed) or it was negotiated after the fact with the agreement of both parties.

 

If you rock up on someones doorstep demanding pick up against their wishes you will quickly become acquainted with the local police station interview rooms.

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Re: let me explain some parts of the law

Joe, you run a paint store, so if I was looking for an expert opinion on paint, I might just possibly ask you.  But unless you can present me with a law degree or a statement of employment that shows you have substantial experience working in a law firm, any "advice" you have to offer on legal matters is nothing more than personal opinion, and ill-informed at that since you freely admit you don't use Auspost much.  Stick to paint mate, I'm sure you know that better.

Cheers,

Penny
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Re: let me explain some parts of the law

saarzi
Community Member

hahaha.. I dont know how someone can live in Australia for much of their lives and get the basics so terribly wrong. Lol

 

Joe, you are in my top three of the most entertaining people who post on this thread. Smiley LOL

 

 

 

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Nothing to see here, i Just havent used one of these for ages!
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boo!
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Re: let me explain some parts of the law

Joe is the law unto himself

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Re: let me explain some parts of the law

Not thread, Board.

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