Saturday, 23 July 2016

Special Minister of State

The Special Minister of State is the minister responsible for looking after minor things like the Australian Electoral Commission.

We are on the 4th SMOS since Abbott came to power in 2013.

I am not just a nutter trying to get Abbott into court, I really do have some constructive ideas on how to do things better.

At the moment the part of the constitution which looks after dual nationals and their violation of our laws is off limits to all and sundry once the 40 days after the seat is declared and people in the electorate can take their MPs to the Court of Disputed Returns.

I mentioned this to Senator Robinson the first Abbott SMOS, then to Mr Brough the first Turnbull SMOS then to Senator Cormann the second Turnbull SMOS and this week to Senator Ryan the third Turnull SMOS.

None have bothered replying to my suggestions.  They ignore me in the hope I will go away.

I suggested that they as SMOS can write a ministerial directive allowing the AEC to examine section44 compliance and breaches.  They have the power to write a letter and let the AEC look.  They ignored me and my idea.

Two liberal MPs might face the Court of Disputed Returns because the first 3 SMOS didn't bother reading and replying. 
Two labour MPs, Gary Gray and Bernie Ripoll and one liberal MP, Bob Baldwin have quit parliament rather than risk their electorate taking them to the Court of Disputed Returns.
Two liberal MPs lost their seats and won't have the joy of being taken to the Court of Disputed Returns, Doc Jensen and Andy Nikolic, though I bet they could be taken there because they both signed a statement they comply with S44 when they are still dual nationals.

One senate candidate is facing prosecution for fraud for saying they complied with S44 when they don't.  Strange because the AEC are taking this bloke to court but none of the liberals?  Something to do with the make-up of the AEC board?

One candidate in Abbott's seat of Warringah may also face prosecution for falsely signing about S44, he wrote a copious blog about it and I am sure no one in the AEC actually reads anything the candidates publish.  You want to hope so Warringah candidate.

I have no say in who goes to the Court of Disputed Returns and who doesn't, my Mps are removed regularly when the Australian Federal Police question them about criminal matters.  Let's Wallace and his grommets survive a bit longer than Slipper and Brough.  I did check up about a Queensland senator who assured me she got Australian citizenship from birth, she was born in Canadia and her parents registered her birth overseas immediately, unlike Abbott waiting until he was 23 and causing himself so many problems.  Onya Senator Waters for clearing the matter up.

If you want to read more there is a few pages sent to Senator Ryan below.  He blocked me on farcebook and twitter after writing to him so I guess he wanted Abbott and Turnbull to face the prospect the Court of Disputed Returns.

Should you want to cross my palm with silver, goodonya and thanks.

The letters I sent to Senator Ryan before I found he had blocked me.  The middle finger letter  I sent after these two poked fun at a small man with a huge bible, sort of  penis slash moral envy?

Senator Ryan  SMOS

Dear Senator
I have tried writing to the previous three Special Ministers of State and all three refused to respond to my letters.  I never even got an automatic reply.

At the moment S44 of the constitution is causing chaos in Tasmania the senate election where a NXT senate candidate who has British citizenship faces fraud charges and depending when he got his British citizenship he may have lost his Australian citizenship automatically,  and he faces the possibility of deportation.  He was not born in the UK but applied fro British citizenship some time in the past.  There was a time this caused automatic renunciation of Australian citizenship.

A candidate in Warringah, David Barrow is having the same problems.  He either lost his Australian citizenship automatically or ran for election as a dual national.  He is waiting for Mr Dutton to advise.  that could take a long time.

I am assured two other candidates are going to be taken to the Court of Disputed Returns, both of them elected liberal party members.  One for being  a dual citizen and the other for having the rights and privileges of a foreign national.

Three former members of the house of representatives have chosen to not run for re-election rather than face the risk of Court of Disputed Returns questioning them about their British and French citizenship.  Two were labour one was liberal.

Mr Nikolic is lucky he lost the election because activists in his seat were preparing to take him to the CODR.  The Serbian embassy have advised that a person can not renounce their Serbian citizenship without having done national service there.  Mr Nikolic was 5 when he came to Australia so could never renounce his Serbian citizenship.

If Senators Robinson,Cormann and Mr Brough had responded to my letters about the problems with S44 this would not be happening.
I suggested to the three that they can write a ministerial directive allowing the AEC to demand those born overseas show they comply with the constitution and provide proof of renunciation of heir other citizenship.

Senator Macdonald's office in Queensland told me Mr Abbott is a dual national and that you all know that.  Senator Macdonald's staffer said that all the LNP know that  and aren't worried because no one will take him to the CODR.

Will you make a ministerial directive to have the AEC demand candidates and MPs show they have renounced their other citizenship and comply with our constitution? 

I do hope you will reply or should I expect liberal MPs to continue ignoring this problem in the hope it goes away.

Second letter to senator Ryan 22/7/16

Dear Senator Ryan

fingers crossed you aren't going to ignore me in the hope I go away.

Because your LNP mates Robinson,Cormann and Brough didn't bother looking at or answering my letters about S44 the election may be thrown out in the courts.  I have contacted the legal people at AEC and they advise  The AEC administers the Commonwealth Electoral Act 1918 (Electoral Act) in relation to the conduct of federal elections.  The AEC does not administer the Constitution as is made clear by the Administrative Arrangements Order made by the Governor-General.  The administration of the Constitution is the responsibility of the Attorney-General’s Department.  Accordingly, the AEC is not in a position to disqualify any candidates due to the operation of section 44 of the Constitution.

The AEC is subject to the requirements of the Electoral Act.  Section 172 of the Electoral Act sets out the only grounds upon which the AEC is able to reject a nomination of a candidate.  Those grounds do not include any possible disqualification of a candidate under the Constitution.

Yet the AEC asks about the constitution on the nomination form.  This seems to be in breach of their own legislation.
Mr Pirani, chief legal officer of the AEC has Mr Cohen, the Tasmanian senate candidate I mentioned in yesterdays letter with prosecution of fraud for failing to comply with S44 of the constitution.  seems the AEC can have it both ways.  Prosecute minor parties and refuse to prosecute members of your party.

The shambles needs fixed. And before two very senior members of your party are put before the Court of Disputed Returns and lose their seat, their salary, their pensions, their expenses, and for one his Australian citizenship and face deportation.  Your new laws  re immigration would seem to be such that one of your senior party members will be heading back to England.

It is terrible that  Brough Cormann and Robinson would risk shattering the lives of two, possibly more members of your own party as well as a few good Australians who tried to do their democratic duty for this country.

Please advise what you intend to do.

Yours  Tony Magrathea

Saturday, 9 July 2016

It's all about me

I was told this week it's all about me, about my ego and me making a place in history for myself.

It isn't.

First up thank you to those who donate, I can't reply to you personally because Paypal protects your privacy and goodonem for doing that.

Secondly why did I bother?
I am a pom with Australian citizenship a dual national. Born in the same year as Tony Abbott.  He came as a boat person I flew.

As a dual national I was curious when and where Tony Abbott got his Australian citizenship, there was nothing I could find in anything written about him or by him and because of the Sue vs Hill thingy in the High court about a One Nation senator having her election revoked because she was a dual national I was curious about when he renounced his British citizenship.

Why would a man who had just become Australian Prime Minister not be waving his Australian citizenship around madly and screaming look at me!  And why wouldn't he be not doing the same with his renunciation of British citizenship?  So I asked.  And was ignored.

I got so frustrated I started looking up things and felt for certain that a document as important as his renunciation of British citizenship , which was needed for him to enter parliament, would be available in the Department of Prime Minister and Cabinet.  Instead of going through the fluff of writing and being ignored again I decided to write to the FOI clerk and ask for advice on how to lodge an FOI.  I had never done one before and only ever rad about them in the papers.

Ms Credlin, the maker of fine cuppas wrote to me and said she would never allow any FOI asking about Mr Abbott's renunciation of British citizenship, she had refused the FOI before I had actually written one.

And so it started.  I wrote to the Rhodes Trust, they told me their rules were adjusted after Mr Abbott so that what he did could never happen again, they weren't specific in what he did but I presume it was to do with him getting Australian citizenship days before he was due to fly to England to enter Oxford.  Or maybe it was actually entering Oxford as a British citizen,  I wrote to them asking if they could tell me if he went there as a pom, Aussie or dual, they said he entered Oxford just as a British citizen.

I wrote several times to the Home Office in the UK with FOI requests, I even appealed their refusal to say more than we can neither confirm nor deny Mr Abbott has renounced his British citizenship.  I later found out there is a 30 year embargo on that information and the 30 year will be up in March 2024 for Mr Abbott.  If there are no renunciation papers released then, it shows he entered parliament illegally and signed a false declaration at his first election.

One thing the Home Office did let loose in the appeal was that part of the reason was S29 of the Data Protection Act which tells what can and cant be released when it relates to possible crimes.  Signing false declarations is possibly a crime.

That all happened in early 2014, after that I thought I would talk with my elected representatives. HA
I wrote to the AFP saying I believed Mr Abbott had signed a false declaration to get into parliament, Mr Abbott was sleeping with them at the time and the cop I was dealing with got a very nice promotion a little later.

The MPs I wrote to were Brandis, Brough and Bishop.  Brandis is AG and my senator, Brough my local MP and Bishop the helicopter girl who was also speaker of the house, I wasn't nearly as cynical about politicians as I am now.  None replied to me. The cop was I believe Mr Quaedvleig.   Shortly after those emails my gmail account was hacked and everything cleaned out properly.  5000 emails gone but being the good data security person I was only two of any importance were lost, one from Mr Leigh about asylum seekers being allowed into the country and the other from Mr Quaedvlieg more or less telling me where to go.  everything else was kept in cloud backups,USB sticks, other computers and hard copies at home and a friends house.  I started my gmail with a clean sheet and extreme security, so much so I was woken at midnight one night last week when someone was trying to hack my account again.

From there I contacted every member of parliament and had an enormous variance in the replies I got, though most just ignored.

Senator Cameron's office said it was an irrelevance.
Senator MacDonald's said everyone knew he was a dual national but that's not illegal is it?
Mr Wilkie said it was a matter his constituents probably wouldn't be interested in so he wouldn't comment.
Senator Nash wrote to Mr Abbott and Senator Brandis and is still waiting for a reply.
Ms Butler wrote to Mr Abbott and ditto is still waiting for a reply but because of her writing I am sure she got special treatment from Helicopter girl and was section 94A'd  out of question time every time I watched the fiasco on telly.

Jan Olson got an FOI through PM&C while Credlin was overseas with Abbott, lucky timing but she insists the wording she used.  That FOI said the renunciation papers didn't exist.

Change The System wrote a petition and presented it to Ms Plibersek, Mr Bandt, Mr Shorten.  33,250 signed that petition and the MPs ignored that.  It became clear later why, Mr Bandt didn't want to upset the liberals because they wanted senate reform and Mr Shorten still had dual national MPs in his parliamentary ranks.  I have asked Mr Gray and Mr Ripoll to show they have renounced their British and French citizenships, instead of replying they decided not to run for election again.  An interesting thing about Mr Shorten, I asked him shortly after my email account was hacked to ask in parliament about Mr Abbott, I asked on farcebook and he blocked me immediately.

I had nothing to do with the petition except signing it, Change The System did a marvellous job in getting so many to dare ask the question and it is scandalous the MPs just ignored him.  I don't think they even acknowledged receipt and thanks him for his work.

 I asked three Special Minister of State to write a directive allowing the Australian Electoral Commission to examine and prosecute breaches of S44 of the constitution.  None replied, thanks again Senators Robinson and Cormann and Mr Brough.

The AEC can't look at the constitution because that isn't Commonwealth law, the AEC is limited to Commonwealth legislation only. The constitution was written by the states and legislated by Britain.
This may screw up the election if anyone dares to ask the High Court.

I lodged a few petitions in parliament as a single signatory, highly proper and normal.  The first asked Mr Abbott to show his renunciation papers, the response is here.   It is also the same response to the petition asking some mechanism be drawn up to allow monitoring and prosecuting of breaches of S44 of the constitution.  This is the first of the official cover ups to protect Abbott and I found later Bob Baldwin and Doc Jensen the head of the petitions committee.  I ask ed Baldwin and Jensen to show copies of their renunciation paper and neither bothered replying.

The next petition was directed to the Minister for Immigration to find out if Mr Abbott got his Australian citizenship legitimately.  I had tried writing to Mr Dutton, he refused to reply so I lodged an FOI request.  Legally the department has 30 days to respond.  They didn't so I lodged a petition in parliament.  That petition was hidden by Doc Jensen with Mathias Cormann and marked not to be answered.  7 months after lodging the FOI I got a response of about 100 blank pages and a few sentences saying I was using false documents to make the claim.  I used their own documents signed by their own minister in 1981.

And so it went on.  I tried the Federal court, was accepted then knocked back because it is a High Court matter.  I tried the High Court several times.  Later I found the registrar is a member of the liberal party.  Lawyers in Queensland are terrified of openly being associated with the case because the LNP up here control 30,000 businesses.  A huge amount of legal business to risk losing and being black banned from.

My grandsons have reams of failed paperwork for the courts to use as scribble paper, thousands of pages have been printed in my efforts to get the matter to the court, the last time was a few days before the election and I was knocked back for using the word "you" in the writ of summons.  Too personal said the registrar.  Another frustrating thing about he High Court is, Brisbane doesn't have a registrar, it is a fax machine for the Sydney High Court.  Needs fixed whoever is Attorney General or Minister for Justice in two weeks time.  To get to the Brisbane fax machine I need to travel 6 hours by bus and train which is a real and significant pain in my already broken back.

The election.  The people of Warringah now have a chance to put Mr Abbott to the court of disputed returns,  I have two people who have contacted me and if there are others wanting help or documents please contact me in the comment or find me on facebook or twitter.  There is only one me in the world, when I chose to honour Douglas Adams a decade or more ago I couldn't use Marvin, a brain the size of a planet, it was more like my ego was the size of a planet.  Hence the Magrathea bit.

And it seems the people of  Wentworth may be able to put Mr Turnbull to the court of disputed returns if they want to check another of my blogs. Talk to your legal people and see if you can.

The rest of the country might like to check with their MPs and senators to see if they can show they have renounced their birth nationality to sit legally in parliament. 

You would think that with something as basic and fundamental as the constitution and with candidates having to sign a document saying they comply with S44 of the constitution they would be able to show they have renounced.

Senator Walters  was born in Canada but her parents registered her Australianism straight away
Ms Ley was born in Nigeria but her parents registered her as a British national straight away and was never Nigerian, she assures me she has renounced legally.
Belgian and Malaysian born lose their birth citizenship when they become Australian and I think Singapore might do too.
Senator Ludlam is too hard to find out, he wont answer when I ask if he has renounced his K1W1ness
The Human Headline, Derryn Hinch has renounced his NZship
The former members Gray,Ripoll and Baldwin didn't risk running again, Jensen got 57-7'd and Nikolic got voted out,
Nikolic was a strange one to look at, again he refused to respond to my emails but checking with the Serbian embassy he couldn't renounce until he did national service and as he left when a toddler that was a bit hard to do. If he had bothered talking we might have blown away S44 of the constitution but he decided to stay schtum and protect Abbott.

So it's all about me, me chasing history and self importance and ego.  I was told that this week because I refused to hand over the names of he people who have contacted me about court of disputed returns for Abbott.

Thanks again to those who donated to try and get Abbott in court.  No click on this one, if you want to donate for my ego use another blog.