Sunday, 27 November 2016

Many politicians may not be eligible. This must be audited.

The s44.1 alleged breach by Tony Abbott is a massive issue that has dragged on for ages. Many politicians have failed to act on information presented to them which is criminal in itself. The issues with Culleton, & Day show this issue isn't limited to just citizenship.
The AEC, requires every political candidate to attest they comply with all 5 parts of s44 that are listed below. Many of the people that are in breach have effectively defrauded the Commonwealth if they have entered parliament when ineligible.
Both myself & Tony Magrathea have often pondered why so many politicians have failed to respond to letters & emails regarding the Tony Abbott alleged breach. Looking at this law closely there are many MPs past & present that have been or may be in breach of sections of this law. I believe this has been the catalyst for the inaction on Abbott.
Many MPs have complicated investments. How many have investments in companies that have Commonwealth contracts? This also applies to their partners S44(v). Many MPs also use an allowances to negatively gear a  Canberra property this may breach s44(iv)
I'm not bagging Derryn for raising the issue. He has done so in the past while in media. I just ask that if he does this in the Senate it is addressed properly, once & for all. We need a complete audit of this law for all MPs & Senators. Laws cannot be applied selectively. The principles of s44 of the constitution are based on ensuring integrity & probity of candidates in parliament.


Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It states in particular:
44. Any person who -
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.
Subsection 44(i) has generally been interpreted as meaning that persons with dual citizenship are not permitted to stand for election.[1]