Page 17 details the Constitutional obligations
The documents at AEC Abbott signed
Offences listed by AEC Criminal Code Act 1995, 7.4 false or misleading statements
Part 7.4—False or misleading statements
Knowledge
(1) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so knowing that the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with:
(i) an application for a licence, permit or authority; or
(ii) an application for registration; or
(iii) an application or claim for a benefit; and
(d) any of the following subparagraphs applies:
(i) the statement is made to a Commonwealth entity;
(ii) the statement
is made to a person who is exercising powers or performing functions
under, or in connection with, a law of the Commonwealth;
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to each of the subparagraph (1)(d)(i), (ii) and (iii) elements of the offence.
(2) Subsection (1) does not apply as
a result of subparagraph (1)(b)(i) if the statement is not false or
misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as
a result of subparagraph (1)(b)(ii) if the statement did not omit any
matter or thing without which the statement is misleading in a material
particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
Recklessness
(4) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so reckless as to whether the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with:
(i) an application for a licence, permit or authority; or
(ii) an application for registration; or
(iii) an application or claim for a benefit; and
(d) any of the following subparagraphs applies:
(i) the statement is made to a Commonwealth entity;
(ii) the statement
is made to a person who is exercising powers or performing functions
under, or in connection with, a law of the Commonwealth;
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 6 months.
(4A) Absolute liability applies to each of the subparagraph (4)(d)(i), (ii) and (iii) elements of the offence.
(5) Subsection (4) does not apply as
a result of subparagraph (4)(b)(i) if the statement is not false or
misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) Subsection (4) does not apply as
a result of subparagraph (4)(b)(ii) if the statement did not omit any
matter or thing without which the statement is misleading in a material
particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).
Alternative verdicts
(7) If, in a prosecution for an
offence against subsection (1), the trier of fact is not satisfied that
the defendant is guilty of the offence, but is satisfied beyond
reasonable doubt that the defendant is guilty of an offence against
subsection (4), the trier of fact may find the defendant not guilty of
the offence against subsection (1) but guilty of the offence against
subsection (4), so long as the defendant has been accorded procedural
fairness in relation to that finding of guilt.
Geographical jurisdiction
(8) Section 15.4 (extended
geographical jurisdiction—category D) applies to an offence against
subsection (1) or (4).
Definition
(9) In this section:
benefit includes any advantage and is not limited to property.
(1) A person is guilty of an offence if:
(a) the person gives information to another person; and
(b) the person does so knowing that the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is misleading; and
(c) any of the following subparagraphs applies:
(i) the information is given to a Commonwealth entity;
(ii) the
information is given to a person who is exercising powers or performing
functions under, or in connection with, a law of the Commonwealth;
(iii) the
information is given in compliance or purported compliance with a law of
the Commonwealth.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to each of the subparagraph (1)(c)(i), (ii) and (iii) elements of the offence.
(2) Subsection (1) does not apply as
a result of subparagraph (1)(b)(i) if the information is not false or
misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as
a result of subparagraph (1)(b)(ii) if the information did not omit any
matter or thing without which the information is misleading in a
material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
(4) Subsection (1) does not apply as
a result of subparagraph (1)(c)(i) if, before the information was given
by a person to the Commonwealth entity, the Commonwealth entity did not
take reasonable steps to inform the person of the existence of the
offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).
(5) Subsection (1) does not apply as
a result of subparagraph (1)(c)(ii) if, before the information was
given by a person (the first person) to the person mentioned in that subparagraph (the second person),
the second person did not take reasonable steps to inform the first
person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:
“Giving false or misleading information is a serious offence”.
(1) A person is guilty of an offence if:
(a) the person produces a document to another person; and
(b) the person does so knowing that the document is false or misleading; and
(c) the document is produced in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply to
a person who produces a document if the document is accompanied by a
written statement signed by the person or, in the case of a body
corporate, by a competent officer of the body corporate:
(a) stating that the document
is, to the knowledge of the first-mentioned person, false or misleading
in a material particular; and
(b) setting out, or referring
to, the material particular in which the document is, to the knowledge
of the first-mentioned person, false or misleading.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
Documents about Abbott, the birth certificate,Australian citizenship,FOI from Oxford
Shows he was born British, got Australian citizenship in June 1981 without signing anything, entered Oxford as a British citizen in October 1981
The immigration law referred to in one of the citizenship documents is Section 11 of the Australian Citizenship Act 1948
It states "4) The applicant, and any natural child of
the applicant included in the application, becomes an Australian citizen on the
day on which the applicant is registered as an Australian citizen." ie when the application is approved by the minister,not at birth.
Section 44 of the Australian Constitution which says basically MPs can only be Australian and not multiple nationalities.
The FOI from Prime Minister and Cabinet
Shows the renunciation documents do not exist
The FOI from the UK Home Office
The relevant laws quoted in the FOI from the Home Office
That part of the act refers to M1 a marginal citation referring to the data Protection Act (UK) section 29
Seems courts can force the release of the information but public servants are reluctant to.
The Home office can neither confirm nor deny the existence of renunciation papers, Mr Abbott's office say he has never renounced his British citizenship because he is only Australian.
And the ironic bit, should Mr Abbott be found guilty of breaching Section 44 of the constitution then every other member of parliament who has refused to advise the police or to ask him about his possible criminality faces charges under another section 44, of the Crimes Act 1914.
Good investigation. He's a fraud, he was an illegitimate Pm.
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