email to Turnbull Pyne Smith and Butler

A petition was put to the house on Monday 23/11/15 http://tonymagrathea.blogspot.com.au/2015/10/petitions-to-parliament.html

This petition of a concerned citizen of Australia draws the attention of the house to concerns of many thousands of social media users with regard to Mr Abbott’s right to sit in parliament.  Mr Abbott was born in the UK to a British father and got automatic British citizenship under UK laws of that time.  In June 1981 Mr Abbott applied for and got Australian citizenship by descent from his Australian mother.  On October 17^th 1981 he entered Oxford University as a British citizen.  Documentary proof in this web link http://tonymagrathea.blogspot.com.au/2015/10/documentary-proof-for-petition-to.html

There is no record in Australia or the UK of Mr Abbott having renounced his British citizenship.  Under section 44 of the Australian Constitution a member of parliament must not be under any acknowledgment 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 a citizen of a foreign power. Mr Abbott must have renounced his British citizenship by filling in a UK Home Office form RN and paying a fee. 

I ask the House to instruct Mr Abbott to show he has renounced his British citizenship and complies with the constitution, failing that for the House to remove Mr Abbott from parliament.

The Citizenship act says that citizenship by descent starts the day the minister approves the person becoming an Australian citizen, not the day of birth.  For 24 years Mr Abbott was a British citizen and to get rid of that he needs to fill in a form RN and pay a fee to the UK Home Office.  His staff say he has never filled in a form to renounce his British citizenship.

Mr Abbott is still a British citizen and an Australian citizen and in parliament illegally after signing 8 false declarations for the AEC.  You must remove him and ask the Attorney General to press charges.

Mr Abbott has a law degree from one of the best law schools in the country so has no excuse for not knowing whats going on. You must act to preserve the sanctity of parliament and so you can legislate to legitimise all laws Abbott brought in, they are now invalid and allow any terrorists in prison to appeal and get out and be paid handsomely.

please respond

Ms Butler got this because she was the only Labour person to dare ask.  

petitions to parliament

 The two petitions written by me were presented to parliament on 23 November 2015 at about 10am

 

Change the system ran a petition with 32,935 signatures, its here of you want to sign.  Parliament doesn't accept electronic petitions yet.  The politicians who got the petition in January might have bothered to tell the organisers.

Dr Jensen is the chair of the petitions committee in parliament house and has put out this page and video explaining how the house of Reps looks at and accepts petitions.

The opinionated bastard, the ego the size of a planet noticed Doc Jensen on twitter one day spruiking about his petitions committee.

I have two currently with them.

The first is

To the Honourable the Speaker and the members of the House of Representatives.

This petition of a concerned citizen of Australia draws the attention of the house to concerns of many thousands of social media users with regard to Mr Abbott’s right to sit in parliament.  Mr Abbott was born in the UK to a British father and got automatic British citizenship under UK laws of that time.  In June 1981 Mr Abbott applied for and got Australian citizenship by descent from his Australian mother.  On October 17^th 1981 he entered Oxford University as a British citizen.  Documentary proof in this web link http://tonymagrathea.blogspot.com.au/2015/10/documentary-proof-for-petition-to.html

There is no record in Australia or the UK of Mr Abbott having renounced his British citizenship.  Under section 44 of the Australian Constitution a member of parliament must not be under any acknowledgment 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 a citizen of a foreign power. Mr Abbott must have renounced his British citizenship by filling in a UK Home Office form RN and paying a fee. 

I ask the House to instruct Mr Abbott to show he has renounced his British citizenship and complies with the constitution, failing that for the House to remove Mr Abbott from parliament.

Principal petitioner:-

Tony Magrathea, 
 
The response from the committee is here:-

Dear Mr Magrathea

The secretariat received your second petition today regarding the Member for Warringah’s citizenship. The Committee meets again in the sitting week ending 12 November 2015 when they will assess your petition against the House standing orders for petitioning.

Kind regards

So my bet is Mr Abbott will be resigning very soon.  I cant get a bet on with Ladbrokes or William Hill no matter how much I beg them LOL

Second petition is to tidy up the sham of a law system, we have at the moment.  Section 44 of the constitution only works for 40 days every 3 years or so.

To the Honourable the Speaker and the members of the House of Representatives.

This petition of a concerned citizen of Australia draws the attention of the house to the monitoring, policing and prosecution of breaches of Section 44 of the Australian Constitution.  As things stand at the moment the only way breaches of Section 44 can be prosecuted is for two electors in the seat of a politician who is suspected of fraudulently declaring to the Australian Electoral Commission that they comply with S44 to pay a fee and have the matter heard in the High Court within 40 days of an election being declared.

The Australian Electoral Commission can’t ask about non-compliance with S44 and because of this the Australian Federal Police can neither ask about non-compliance nor prosecute for signing false declarations by an MP.

Should it be discovered after that 40 day period that an MP is in parliament in breach of S44 of the Australian Constitution a citizen has no way of having the matter determined other than hoping Ministers or the House will overcome party loyalty and prosecute one of their own in the JSCEM.

I would ask the house to determine which Minister has responsibility for monitoring, policing and prosecution of breaches of Section 44 of the Australian Constitution and which government department, authority or commission will do that outside of the 40 day period mentioned earlier.

Principal petitioner:-

Tony Magrathea

 The petition system will work, eventually.  Unlike the Joint Standing Committee on Electoral Matters who were asked who monitors,prosecutes and polices S44 of the constitution, they had a secret meeting held by the Labour party as chair a few days after Abbott was arseholed and decided they would not responded to my query.  Mr Griffin you have a hell of a lot to explain to the people of Australia.  My last blog details that fiasco slash farce.

That bit at the bottom of my blogs where Fagin sings about picking pockets

Letter to the editor

Independent Australia doesn't do letters to the editor and most papers refuse to me because I write  things they don't want to read

Dear editor

I was a little preoccupied by the former Prime Minister being in parliament as a dual national.  As you and some of your readers know dual nationals are not allowed in our federal parliament because section 44 of our Constitution says it can't happen.

Nothing wrong with dual nationals, I am one and have survived the legal system in Australia pretty well, so far.  But a Prime Minister who forgot to renounce his British citizenship is a little careless.

I'm over it, more or less.  The thing that now sticks in my craw is the way the Labour party and Liberal party combine to protect the former PM from any investigation.  And if Labour won't use the Australian spelling there is no way I will change.

Mr Griffin is a Labour party honcho who took over as acting Chair of the Joint Standing Committee on Electoral Matters during the over throw of the former PM.  He held a secret meeting of some members of the JSCEM on the 14th of October to discuss my emails to members of the committee asking specifically:

could you please tell me who is responsible for monitoring and policing S44 of the constitution.

The AEC say that the constitution isn't law and they do not monitor it.
The AFP say they can not prosecute breaches of S44 because the AEC can not ask about S44 of the constitution.
Senator Brandis doesn't do it because the only current breach is a member of his party.

So who monitors compliance and prosecutes breaches of S44 of the constitution

The secret meeting decided they would not inquire into who monitors S44 of the constitution.  It's what they do, JSC Electoral Matters.

Why is there a cover up about who monitors and prosecutes breaches of our Constitution? Why is a part of our constitution only prosecuted for 40 days every three years? And then only in a very special way, within 40 days of an election being decided 2 voters from the seat of a suspected member of parliament in breach of S44 of the constitution must fork out $500 and go to the High Court to determine if the MP is in the parliament legally.

Another funny bit that came out of my asking questions was my gmail account being hacked last year shortly after sending a few emails and receiving one reply.  Everything went and they even cleared the bin.  No way for anyone to recover anything.  I had just asked Brandi,Bishop and Brough to find out if the former PM complied with s44 of the constitution. 

I had also asked the AFP to look at prosecution for fraud, every potential MP has to sign a declaration for the AEC saying they comply with amongst other things, S44 of the constitution.  I believe it was Roman Quaedvlieg as 2IC of the AFP who replied to me and said the AFP can not examine the matter or prosecute for fraud because the AEC can not look at citizenship compliance under S44.

Coincidence my email got hacked, I can't say who did it because I just don't know.  Mr Quaedvlieg was promoted by the former PM to the Border Farce job.

cheers

Tony

documentary proof for petition to parliament

Mr Abbott's British birth ceritficate

Mr Abbott's file cover for the application for Australian citizenship, the whole files is here. The interesting thing about the documents here is that Mr Abbott never signed a document in his own application for citizenship file.  He was given citizenship without applying, his mother filled in the forms but because Mr Abbott was an adult at the time this breaks all Immigration department rules.

The FOI from Oxford University indicating Mr Abbott entered the university as a British citizen

was it somethign I said?

I can never know the machinations of the political mind.

Was I at least partly responsible for Abbott being arseholed out of the Prime Ministership?  I will never know, but would like to think I did my bit.

In the weeks leading up to Mr Abbott being turfed Mr Turnbull or his office sent quite a few emails querying Mr Abbott's legality and how Mr Abbott's staff say he was only every Australian.  I sent the proof I have that Mr Abbott used his British citizenship to get into Oxford and that was 4 months after getting his Australian citizenship. 


A lot of emails went to and from Mr Brough and he really doesn't like me, again querying the information I had collected about Mr Abbott.

Mr Robb received quite a few emails asking him to make sure the free trade agreement with China wasn't compromised by having an illegal PM sign it.

All seem to have noticed my twitter discussions with unions about how to stop the FTA should Abbott sign it, that us ask the courts to determine if Mr Abbott was in parliament legally.

So where are we?

Tony Abbott is a dual citizen, he hasn't renounced his British citizenship.  He used the British citizenship as a minor to get the assisted passage and then as an adult to enter Oxford University four months after being granted Australian citizenship.

The constitution isn't Commonwealth law so can't be acted upon by the Australian Electoral Commission and the AFP can't prosecute because the AEC can't ask.  So far.  One last email is in with the AEC asking them to look at certain laws to see if they allow them to monitor and prosecute S44 breaches.

Section 44 of the constitution, at the moment, can only be prosecuted by 2 voters from an MPs electorate asking the High Court to determine eligibility within 40 days of an election being determined.  Mr Brough as Special Minister of State has been asked to direct the AEC to monitor and prosecute breaches of S44.  He has the authority as minister to allow them to do that.  Perhaps Mr Brough demanded SMOS as a defence card, to stop Brandis from prosecuting him over the Ashbygate affair? Again, political machinations/

Mr Abbott may not even be Australian, from memory his mother signed his application for Australian citizenship by descent, and that is a breach of Immigration Department rules. The department has been asked to investigate, but because Dutton is in charge I am not holding my breath and because my memory may be tainted I have asked for FOI's to be produced so I can determine the facts fully.  When I saw Mr Abbotts citizenship application form in the National Archives it went secret as I had it opened and I could only get a copy of the file folder.

And of course Mum Abbott may be an illegal boat person because she never got British citizenship before claiming immigration assistance.  The department has been asked to look at that but they refuse to say if they will prosecute or not.

All of this information is in my blog.

So there you have it, where things stand at the moment.

Am I to blame for Abbott being turfed? Who knows.

For all of those sugar daddies and honey mummies and those with just a few pennies to spare my donate button still works.  Thanks to all who have sent money it really has helped with some of the costs.

Goodonya, so long and thanks for all the hits.

Mal Brough SMOS

Dear Mr Brough

Congratulations on becoming our new Special Minister of State.

Some unfinished business from the time of Senator Ronaldson really does need fixed up urgently.

The Australian electoral Commission is your remit and they don't consider the Australian Constitution is a law.  The AEC operate under the  Commonwealth Electoral Act 1918  says amongst other things, Section 7 says amongst other things they must (g)  to perform such other functions as are conferred on it by or under any law of the Commonwealth.

This blog contains a reply form their chief legal officer stating they do not consider the Constitution an Australian law and therefore they can ignore section 44 of the constitution.

Will you direct the AEC to consider the Australian Constitution as being a law? Every other part of society has to operate under the belief that the constitution is actually law.

 Would you also consider directing the AEC to monitor and prosecute breaches of section 44 of the constitution, no other government department or police force has that responsibility.  When asked who monitors and prosecutes S44 of the constitution Senator Brandis as Attorney General advised the AEC does not monitor S44 of the constitution.  He did not answer my question on who does monitor and prosecute.

Mr Quadvlieg as second in charge of Commissioner Colvins office advised that the Australian Federal Police can not monitor or prosecute under S44 of the constitution because the AEC can not query compliance with s44 of the constitution.

We currently have a law that is not monitored, not policed and can only operate if 2 voters from an electorate where an illegal MP wins election put up $500 to have the High Court determine if the illegal MP complies, and this is only valid within 40 days of an election.  A pretty stupid situation.

First day on the job and I am at you, apologies but if you MPs would reply to emails or even tell me where to go I wouldn't have to keep on about it.

Will you please direct the AEC to consider the constitution as being actual law, will you please direct the AEC to monitor and prosecute breaches of S44 of the constitution.

Cheers and thanks

PS How's your two Brisbane pub owning mates? We had a great talk on election day at Currimundi Primary, I was the bloke in the Get Up tee shirt you shook the hand of.

Yours
Tony Magrathea

The bit at the end of my blogs asking you to for pennies

Prime Minister Turnbull, a criminal in the ranks

Hon Malcolm Turnbull, Prime Minister
CC Andrew Colvin Commissioner AFP


Dear Mr Turnbull

I am writing to both you and Commissioner Colvin because in the past you preferred to take the word of a telephonist in Parliament House over that of an Assistant Secretary of the Department of Prime Minister and Cabinet, Mr McMahon, in an FOI response and the self evident truths of various official documents.

This Blog contains 3 documents and a link to the FOI from PM&C.

The FOI from P&C says Mr Abbott's paper work for renouncing his British citizenship does not exist.

The File cover from the Department of Immigration indicates Mr Abbott got his Australian citizenship in June 1981, I can't show the rest of the file because it went secret as I was viewing it in the National Archives.  He got Australian citizenship to comply with the Rhodes Trust so he could claim his scholarship.

The FOI from Oxford University shows Mr Abbott entered the university in October 1981 as a British citizen, 4 months after getting his Australian citizenship.  This is proof he had and used both Australian and British citizenship for his own advantage.

The British birth certificate shows his father who is a UK citizen and this under UK law conveys automatic British citizenship.  The interesting thing about this document is that it does not show the citizenship has been renounced.  I believe that under the UK citizenship laws the birth certificate must have an annotation if citizenship has been renounced.

So there you have it, rather than rely on a telephonist, who I am sure was doing what their boss Ms Credlin had told them to say, you have proof Mr Abbott had both British and Australian citizenship and has not renounced his British citizenship.

A superintendent in Mr Colvins Office said there was no necessity to denounce dual citizenship, there isn't, the constitution, S44, says basically a member of parliament can not hold dual citizenships.  The only way to renounce British citizenship is to fill in a form and pay a fee, which hasn't been done.

Mr Turnbull signed the same declaration for the Australian Electoral Commission as Mr Abbott,a declaration that they comply with amongst other things the Australian constitution.

Now that he is not Prime Minister and not living with the AFP will yo please prosecute him for not complying with S44 of the constitution and examine the crime of fraud.  8  false declarations over 21 years, he has the same law degree as you Mr Turnbull, from the same Law School so ignorance of the law is not an excuse.

Now will you act to have parliament comprise only legal MPs?

As a further point you might have your Special Minister of State allow the AEC to examine and prosecute breaches of S44 and convince the AEC that the constitution is in fact law.  They have written to me, a copy in my blog, stating the constitution is not law.

yours sincerely

Tony Magrathea

Yeah that bit asking for a few pennies