Thursday, 9 February 2017

Queensland senators and my local MP


Senator Macdonald has been in the press whinging they are all over worked and underpaid.  They get between $180,000 a year up to $300,000 a year.  Senator Macdonald refuses to answer emails so his workload seems to be just the 60 odd days he is in Canberra.
 So I wrote to him and the other 11 Queensland senators and my local MP Andrew Wallace.  Andy is so overworked by emails he doesn't have a contact address or a parliament house web form to fill in.
Dear Senators
I am writing to all my Queensland senators asking for help.  I ask you to approach your colleague Mr Vasta and have him reverse his decision to not refer a petition I organised for parliament.

The petition is an e-petition number EN0038 which had 1021 signatories to it.  It was presented to the House of Representatives on 21 November 2016 and is in Hansard.
The petition should be referred to Mr Pyne as Leader of the Government in the House or to the Speaker Mr Smith because he is the final control of all members in the house.
It is terrible that a petition put to parliament about the eligibility of a member to sit in parliament is hidden to protect that member.  Since beginning asking about Mr Abbotts dual citizenship in early 2014 I have had 5 death threats, all referred to the Australian Federal Police.  After last years election a candidate in Warringah decided to petition the Court of Disputed Returns to assess the legality of Mr Abbott sitting in parliament.  On his way to the High Court in Sydney that candidate was stopped by unknown people and committed to a mental institution for assessment. He was kept there for three months and released without reason or apology.
The safest way to avoid the protection racket was to lodge a petition in parliament, but it seems Mr Vasta is part of the protection racket.

Mr Abbott was born in Britain to a British father, this gave him automatic British citizenship.  In 1981 his mother filled in an application for citizenship for him when he was 23 years old.  Four months after gaining dual citizenship he entered Oxford University as a British citizen.
Those of you with a legal degree or who worked  as a barrister are familiar with law and it will be simplicity itself for you to find out the rules for getting Australian citizenship, an adult must fill out their own forms.  A parent or guardian can only do so if the adult child is incompetent.  Mr Abbott had just got a law degree so it is very unlikely he was an incompetent person.
If the petition is not answered I will have to take the matter to the High Court and seek compensation under the Common Informers (Parliamentary Disqualification) Act 1975.  From research I have done that law has never been tested in court.  Once that matter has been to the High Court and if Mr Abbott is found to be a disqualified person the justices of the High Court may ask or be asked to determine how many people knew of the possible crime and did nothing or covered up the crime.  I am sure the legally aware amongst you are aware of the other S44, that in the Crimes Act 1914.  If not it is here and pretty simple to understand.  If someone is aware of a crime or hides a crime there is a problem.
Under our laws a foreign born person must do all in their power to renounce their previous citizenship before signing a declaration for the AEC on the nomination forms.  being a pommie thing a British citizen must fill in a form (RN) and pay a fee to rid themselves of their British citizenship.  The UK Home Office say they can not confirm Mr Abbott has done this to meet our constitutional requirements.
You are all part of the boys club now and sit with Mr Abbott daily in Canberra for at least 60 days a year.  Ask him to see his renunciation forms.  They do not exist.
What are the requirements for a barrister or a lawyer made aware of a possible crime? Can you stay quiet and still meet the legal and moral codes of your profession?
I do trust that as my senators you will be able to have Mr Vasta present the petition to Mr Pyne or Smith to ascertain the truth.  When it is found Mr Abbott has not renounced his British citizenship I hope you as my senators  would ask for the Common Informers (Parliamentary Disqualifications) penalty be paid to me.
I know Senator Macdonald has been complaining about your work load as members of parliament, but to voters who don't even have their emails answered your 60 days in Canberra isn't much at all.  I trust you can answer this email and have the petition referred by Mr Vasta.
Those of you who do answer emails every word is appreciated and treasured by us the voters.

Best wishes
Tony Magrathea
PS copies of the petitions and documents are attached



I have been informed that the petition will be presented to Senator Ryan.  I have written to him with the following - in the hope I am not fobbed off again.  And hope I dont come across as too pretentious.


Dear Senator Ryan

I have been advised by the House of Representatives Petitions Committee that petition EN0038 has been referred to you.

I will bring to your attention a response I got from Senator Cormann as Special Minister of State in February 2016 regarding the same matter, it fobbed petitioners off saying the matter can only be resolved in the Court of Disputed Returns. The link is here 

Instead of simply asking Mr Abbott to show the renunciation papers which he must have Senator Cormann did all he could to avoid having to ask Mr Abbott anything.  He stated it was " Responsibility for compliance with the requirements of section 44 rests with each person who nominates to stand for election."  then explained how S44 of the constitution works and that the Court of Disputed Returns can be used to solve any problems.  The petitioners were white washed, fobbed off, treated like fools.  That is why the current e-petition has been lodged to ensure that Mr Abbott is actually asked to show his renunciation papers.  The Court of Disputed Returns thing doesn't work so long as there is an Abbott protection society.  

After the recent election a candidate in the Warringah election did indeed try the Court of Disputed Returns but for some reason he was stopped and committed to a mental institution while actually on the way to the High Court in Sydney to lodge a petition about Mr Abbott being ineligible to stand for election because of dual nationality.

That person was kept in a mental institution for 3 months and released without reason or an apology. He is not sure who it was who committed him but believes they may have acted to protect Mr Abbott.

I myself have had 5 death threats since first asking Mr Abbott to show his renunciation papers in earl 2014.  All have been referred to the Australian Federal Police for their action.  I feel safe knowing the AFP have my back.

It is simplicity itself for Mr Abbott to show his renunciation paperwork.  Being a British thing he can only renounce by paying a fee and signing a form.  The British Home Office advise they can not confirm Mr Abbott complies with the Australian constitution.

Mr Abbott was born in London to a British father and Australian mother giving him automatic British citizenship.

In June or July 1981 his mother applied for Australian citizenship for him, this may be in breach of Immigration law then and now and is a matter of a petition with Mr Dutton at  the moment. This application gave him dual citizenship, if his Australian citizenship is legitimate.  

In October 1981 Mr Abbott entered Oxford University on his Rhodes Scholarship, but instead of entering as an Australian citizen he joined Oxford as a British citizen confirming he knew he was a dual citizen.

An FOI to the Department of Prime Minister and Cabinet showed the renunciation papers did not exist.

When you question Mr Abbott to show his renunciation papers from the UK Home Office I trust you will treat his response in the proper legal matter.  If he refuses to show them then I trust you will take the matter to the High Court to have him removed form parliament for being a dual citizen, when you do that please ensure the Common Informers penalty is forwarded to me as primary petitioner.

If he does show the renunciation papers I trust you will confirm the date matches his entry to parliament in 1994.

I have attached copies of his birth certificate, his Australian citizenship application, the FOI from Oxford about his entry there  as a Briton and the current petitions in parliament.  A copy of a letter to my Queensland senators and local MP is here. And the FOI from PM&C is here.   
I trust you wont fob off the 1021 signatories to the parliamentary petition and that this ridiculous situation will finally be put to rest 3 years after Mr Abbott was first asked to show he had renounced his British citizenship.

Will you prove yourself a parliamentarian and ask Mr Abbott to show the paper work or will you join the Abbott protection society?

Tony Magrathea

Some more about this - I got a letter from the Petitions Committee and Senator Ryan should just answer that petition and not try and lecture people on Court of Disputed Returns etc.  Simply needs to ask Mr Abbott to show he has renounced his British citizenship


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  1. A reply from Senator Roberts:-

    I know this issue has importance

    Unfortunately Senator Roberts does not see it as having such high an importance as many other issues he is working on like reducing electricity prices or saving jobs etc

    I hope you get success in finding out the truth of the matter


  2. This comment has been removed by the author.

  3. Sent an email to SMOS ministerial and apparently the people who do petition replies - the links are in the main blog above-

    I just telephoned asking about petition EN0038 and was given your email address to try and get some answers.

    Petition EN0038 basically asks

    The petitioners request the House demand Mr Abbott show he complies with S44 of the Australian Constitution in that he is solely an Australian citizen and not also a citizen of another country.

    The petition has come about because the petitioners have been trying to find out the truth for many years. The original request was in email and FOI to Mr Abbott and that resulted in death threats which were passed on to the Australian Federal Police. Letters were sent to Mr Abbott from Ms Butler and Senator Nash and he chose to ignore those politicians without even the courtesy of an automatic reply.

    A petition was lodged in the 44th parliament which resulted in you and Senator Cormann ignoring the wording of the petition and advising the law, which we are all well aware of.

    After the election the petitioners attempted a petition to the Court of Disputed Returns. A candidate for the Warringah election set off from his home in Manly to the High Court in Sydney to lodge at the Court of Disputed Returns as per your and Senator Cormann's instructions and he was committed to a mental institution. He was stopped in the street and taken to a mental hospital. He could not lodge and was kept in the institution for 3 months and released without reason or apology. The solution to the problem suggested by you and Senator Cormann is extremely dangerous for people and democracy.

    So petition EN0038 was lodged and worded so that you actually have to ask Mr Abbott to show he has renounced his British citizenship.

    Mr Abbott was born British, born in London to a British father which gave him automatic British citizenship.

    In 1981 he got Australian citizenship by descent which gave him dual nationality.

    Four months after getting Australian citizenship he entered Oxford University as a Rhodes Scholar, not as an Australian as required by the Rhodes Trust but as a British citizen.

    The only way to get rid of British citizenship is to renounce it by paying a fee and filling in a form RN. A link to the procedure is here. That link has a copy of the form and details the procedure that must be followed.

    The British Home Office can not confirm Mr Abbott has complied with our constitution.

    An FOI was lodged with the Department of Prime Minister and Cabinet when Mr Abbott was Prime Minister, it showed the renunciation papers do not exist. A link to the departmental web page is here.

    The 1021 signatories to the petition EN0038 are all signatories to a petition, here, that had 33,000 signatures and which was ignored by politicians. We know the law, we know the rules and that is why the petition is worded the way it is.

    As the law is limited to voters in Warringah and it is dangerous for people to lodge at the Court of Disputed Returns I would hope you can expedite the asking of Mr Abbott to answer the petition.

    I have attached copies of the petition and relevant document such as birth certificate, citizenship papers and Oxford FOI.

  4. Mr Wallace my local MP and barrister wrote and said he had contacted Mr Vasta and seems Mr Vasta saw the light and released the hidden petition