Friday, 24 February 2017

Tony Abbott's dual nationality

Petition EN0038 is with Senator Ryan to be answered by about the 20th of May 2017.


I first asked about Tony Abbott's British citizenship because I was born in England in the same year as him and when he became Prime Minister I was curious about his citizenship and renunciation of British citizenship because there was nothing in any of the official and unofficial biographies about him.

So I emailed him and waited.  No reply, not even an automated response.

I then contacted the Department of Prime Minister and Cabinet asking how to do an FOI request to get a look at the renunciation paperwork.  I figured out he had to have the paperwork to comply with the constitution so it would be in pride of place in his office.

It wasn't, in fact his Chief of Staff Peta Credlin replied to me saying she would become the FOI clerk should I dare submit an FOI. And she would refuse to give any information.

Others put in an FOI request when Abbott and Credlin were in London and got a response saying the documentation doesn't exist.  That is here, or the FOI to look at the FOI is here.  Because the original FOI didn't find any documentation it isn't listed in the PM&C FOI register which is a pity because it is such an important piece of information.

Change the system started a change.org petition to ask Mr Abbott to show he has renounced his British citizenship.  It got over 33,000 signatures when it was presented to Bill Shorten, leader of the opposition, his deputy Tanya Plibersek and to the Greens member in the House of Representatives, Adam Bandt.  All three did exactly nothing with the petition.  Any normal person would think that 33,000 signatures asking for a politician to ask a question in parliament would be huge news.  They didn't bother.

I read up about petitions and lodged one in the House of Representatives, it is here.  Senator Cormann replied by telling the world that the law says MPs must obey the law and if they don't then go to the Court of Disputed Returns.  Pfft to you Matty Cormann, sort of knew the law that's why a petition was lodged.

Senator Cormann said we must believe candidates when they tick the form on the Australian Electoral Commission nomination form where it says they comply with S44 of the constitution.  He also said if they didn't do that then the only recourse was to go to the Court of Disputed Returns and petition them.  That CODR is limited to voters in the seat where the MP lied to get into parliament.  A candidate in Warringah tried that but ended up in a mental hospital, was committed on the way to the High Court in Sydney to lodge with the court of disputed returns.

I doubt Abbott or the Liberal Party had anything to do with the committal but someone did.  Perhaps just doing their mate Abbott a favour, or doing something to protect their hero.  The candidate may be a loony, but standing for election doesn't look like the sort of thing a lunatic would consider.  Anyhow, a person was kept in a mental institution for 3 months and released without reason or apology.

Have I mentioned I had 5 death threats up until yesterday when another on twitter decided they were going to have a go.  All are with the Federal Police and this latest got an abject apology quite quickly.

So I  lodged another petition, a new fangled e-petition.  Doc Jensen was a complete waste of space and oxygen as a parliamentarian but he did bring in the e-petition system, which is quite brilliant.  Petition EN0038 is here.



The petition was blocked in the committee phase by Mr Vasta presumably as part of the Abbott protection society so I called on my Queensland senators and my local MP Andrew Wallace.  Mr Wallace wrote and advised he had spoken with Mr Vasta and the petition is now going to Senator Ryan for an answer. Hopefully Senator Ryan will read this and realise the petitioners know the petition system, know the law and realise the law doesn't work.

Petitions throughout history have shown that asking a member of parliament to look at asking a question does work and I trust we will finally get an answer about Mr Abbott's dual citizenship.









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Thursday, 9 February 2017

Queensland senators and my local MP

THE SAGA CONTINUES:- THANK YOU TO ANYONE WHO TRIED TO HELP GET THE PETITION REFERRED TO SOMEONE FOR AN ANSWER.  A COPY OF THE LETTER TO ME AND THE PETITION REFERRED TO  SENATOR RYAN IS AT THE END OF THIS BLOG



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



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

UPDATE UPDATE UPDATE

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.

THANKS TO THE QUEENSLAND SENATORS & MR WALLACE FOR ANY HELP YOU GAVE







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?

Regards
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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Tuesday, 7 February 2017

The village idiot



The amazing Malcolm Ieuan Roberts


Born in India at Disergarh on 3rd May 1955.

And that’s about all we know about his citizenship.

I tried asking the Australian High Commission in New Delhi if they had any records of his birth being registered as an Australian born overseas.  They have nothing on record and they told me all records were transferred to the ACT Births Deaths and Marriages in Canberra.
BDM in Canberra have no record of him ever being registered as an Australian born overseas, ie in India.

There is a shipping list showing him and his parents leaving Bombay for the UK in April 1956.  His citizenship is listed as UK (Aus) so figure that one out.

 

This is what I got from the High Commission

 

And this from the Canberra Births Deaths and Marriages

 


So I wrote to the Department of Immigration and Border Farce to lodge an FOI to find out if they have anything about his Australian citizenship application.
They wrote back saying they don’t have the file it is with the National Archives of Australia.


 

Shock of shocks I had checked with the NAA before lodging the FOI with Immigration.  I sort of know what is what by now.

National Archives of Australia show nothing for Malcolm Ieuan Roberts, no records at all.
So what are you Malbob?  No record of your Australian citizenship and you refuse to answer any emails or letters I send you as my Queensland Senator.  You were born Indian but no record of you becoming Australian.
Would you care to enlighten us or wait for the Joint Select Committee on Electoral Matters to decide things for you?

Wouldn’t it be cute if you and Culleton both go missing because of S44 of the constitution.

Now the public shaming of myself, the bit at the bottom of my blogs asking for you to Paypal me.



Wednesday, 2 November 2016

lift your game people

An email to Mr Turnbull, Mr Shorten, Mr diNatale  and the others who get a mention in this

Hi you people
This week we have seen Bob Day and Rod Culleton heading off to the High Court.
If you had bothered listening to voters instead of blocking them on social media or ignoring their emails things might be a lot different.
On 8 February 2016 Doc Jensen and Senator Cormann colluded to hide a petition which if answered would have had Senator Day audited for all of the parts of S44 of the constitution.  The petition presented in the House of Reps was 1134-1640, put with Senator Cormann and marked not to be referred.  It was hidden in the system.  That petition is here, Bob Day qualifies to be audited because he was born in the UK.
On 8 August 2016 I wrote a tweet to the AEC and also filled in a possible fraud form on their web site asking Senator Culleton be investigated for applying to enter parliament when he had a conviction against his name, again a problem with S44.
Over the years I have written to Senator Robinson, Mr Brough, Senator Cormann, and Senator Ryan asking they allow the AEC to monitor and prosecute breaches of S44 of the constitution.  The AEC can not even ask about compliance because their legislation limits them to Commonwealth law and the constitution is British and colonial law.  A simple ministerial directive would allow them to query compliance and pass cases on to the Attorney General for prosecution.  All four Special Ministers of State didnt even bother replying to me.
I have asked many times why Mr Abbott is allowed to stay in parliament, he was born British, got automatic British citizenship at birth.  He may have become Australian in July 1981 but that only gave him dual citizenship.  He used his British citizenship to enter Oxford University, gossip from students there with him says the only reason for doing that would be to claim British student allowance as well as his Rhodes scholarship.  Mr Shorten and Mr Turnbull seem to have blocked me on social media for daring to ask.  Mr Shorten, his deputy Ms Plibersek and Mr Bandt have hidden a petition signed by 35,000 Australians asking Mr Abbott show he has renounced his British citizenship.  I had nothing to do with that petition except being a signatory.  The petition is here.  Why would MPs ignore so many people?  35,000 is a significant number that shoudl not be ignored. It was partly because of this petition being ignored that Dr. Jensen set up the e-petition pages in parliament.  No longer will you be able to ignore the people.
A new petition is in the House of Reps asking Mr Abbott show he has renounced his British citizenship and this can no be ignored.  It is here
A hand written petition is also in the House of Reps and has been marked as referred, presumably to Mr Dutton.  It is petition PN004 and asks if Mr Abbott got his Australian citizenship legally, he never actually filled in a form or signed an application, his mother did it for him when he was 23 years old. I would hope you can get Mr Dutton to expedite an answer to this petition.
Senator Roberts eligibility to nominate for parliament has been brought up with the JSCEM and their review of the election.  the current shemozzle with S44 means that only a voter in the electorate of an MP can ask the High Court to look at the propriety of an MP being in parliament.  I did ask Senator Roberts a few questions but he blocked me on social media and ignored my emails.  I could not rightfully ask the High Court to check the compliance of Senator Roberts as I did not have sufficient information.  he my senator was refusing to answer questions to protect himself.  The AEC could have assisted me so I lodged an FOI, the normal answer period is 30 days and that would have been enough to lodge in the High Court, but because they didnt answer I could not rightfully go tot he court. They have still not answered my FOI request.  The submission to the JSCEM is here.
The embarrassing fiasco that we call government at the moment could largely have been avoided if you the members of parliament had bothered to listen to us, the voters.

Will you please ask

  • that an audit of S44 compliance be undertaken
  •  
  • that Mr Dutton expedite answering petition PN004
  •  
  • that the AEC be allowed to examine, monitor and seek prosecution of breaches of S44
  •  
  • that the time limit for S44 be lifted from 40 days every 3 years AND that the electorate limitation be removed so that any registered voter can take an MP  to the court of disputed returns.
  •  
  • that members of parliament follow their own rules and guidelines and communicate with voters.  Ignoring voters, blocking voters on social media and destroying emails before referring to their departments should stop. Senator Brandis has destroyed emails asking about Mr Abbott committing fraud and the cover up of those crimes.  FOI proof shows this.


After this week you need to take over governance and become a real parliament again.

Listen  to the people

Yours

Tony Magrathea


This is the bit at the end of my blogs should you want to cross my palm with silver
 

Tuesday, 11 October 2016

the 2016 election,good or not

The Joint Select Committee on Electoral Matters conducts a review of every election.  This year you can have your say on how you think things went.

My submission is below and details the problems everyone has in whinging about dual nationals being in parliament as criminal frauds but we aren't able to do anything about it because we don't live in their electorate.  The law lets voters check the validity of their MPs for 40 days every electoral cycle, about 3 years.

Prime example is Tony Abbott, dual national, pommie and Aussie and signed 9 false declarations for the Australian Electoral Commission, lied to get into parliament and is there as a criminal fraud.  300,000 people on facebook asked he should show he is in parliament legally, 34,000 signed a petition asking he show he has renounced his British citizenship,there's even been petitions lodged in the House of Representatives asking he show he complies with the constitution, all of us have been ignored by him.

There are and were other criminal frauds in parliament, several didn't chance running again and retired undamaged.  Gray, Ripol, Baldwin didn't dare, Nikolic got voted out and so did Jensen.  Conroy ran after a few weeks in parliament so he wouldn't be caught.

I am sick of the people being ignored and even more sick of the whingers who complain but don't dare try and do something.  One person was going to take Tony Abbott to the court of disputed returns but was unfortunately hospitalised before he could get there.  So are you going to continue to whinge and moan and do nothing or dare to put your own submission into parliament?  The worst that can happen is your complaint will be lodged in the committee's report and posterity will know some of us cared enough to ask,. And you never know, the shit might hit the fan and something gets done about the problems with S44 of the constitution.

So here we go, links to the parliament web site are here 
You will need to register and go through the bull, but thats the way the interweb is now.

ROBERTS

I ask the committee to examine the eligibility of Senator Roberts under S44 of the constitution.  A voter has 40 days every 3 years to ask the High Court to examine eligibility of candidates and elected members of parliament.

I contacted Mr Roberts asking his previous citizenship details, when he became Australian and to provide a copy of his renunciation of prior citizenships.  He blocked me on all social media and refused to answer any emails.  I contacted the One Nation office and the first time they said they did not know who Malcolm Roberts was.  The second time they claimed they could not understand my accent.  I am dual British and Australian citizen with as good a strine accent as anyone I know.
In the only documents available about Mr Roberts he says he was born in India and came to Australia as a child.
After the election was declared I lodged an FOI request with the AEC to have a copy of Mr Roberts birth date, place of birth and date of getting Australian citizenship.  FOIs have a response time of 30 days, I had plenty of time within the 40 day court of disputed returns period to get the information I required, but because the AEC couldn’t be bothered, I am still waiting for a response.
Mr Roberts was born in India and got British citizenship on their Britons born overseas scheme. There is no proof in the UK Home Office he has renounced his British citizenship.
Because I was unable to ascertain there may be a problem because of whatever the AEC were up to and because Mr Roberts blocked me on social media and refused to answer any emails or allow the One Nation staff to answer my requests I was unable to go to the High Court to lodge a petition for the court of disputed returns.
Will the committee please ask Mr Roberts to show he has renounced his British citizenship and gained Australian citizenship legally.  All members must comply with the constitution and when the only way to ascertain that is blocked by arrogance of the MP in refusing to respond to communication, and the AEC refusing to comply with their FOI laws the only option is to ask you to do the job of checking up on MPs.

Members of parliament including newly elected members of parliament must under Parliament House rules communicate with all voters, the rules say “One of a Member’s most important skills is communicating—receiving, understanding and evaluating information from many sources, and passing on information and opinions in Parliament and elsewhere—to the Government and to individuals and groups.

Being well informed and having up to date information is vital if a Member is to understand and debate the great range of legislation and other issues dealt with by the House and provide an effective representational link between his or her constituents and the Parliament.”
Senator Roberts was in breach of those rules by blocking me on social media and refusing to answer emails.  The One Nation party may also be in breach of those rules for refusing to answer my questions about Malcolm Roberts.
I trust you will uphold the constitution and have the now Senator Roberts prove he has renounced his British citizenship and become Australian legally.  If I am right and Senator Roberts has not renounced his British citizenship I would like to claim the Common Informers (Parliamentary Disqualifications)Act 1975 penalty due to me as the common informer.
  

Some pretty pictures. One is a screen cap of an email from Australian High Commission in Delhi, saying they dont keep birth details of Aussies born in India and that all details of them are kept in ACT BDM.

Another is a screen cap of  an email from ACT (Canberra) Births Deaths and Marriages saying they have no record of Roberts born overseas.

Another is the passenger list showing he had UK citizenship.

 

 

 

ABBOTT

I ask the committee to examine the eligibility of Anthony John Abbott to sit in parliament.  He is a dual national British and Australian citizen and as such is in breach of s44 of the constitution.  The rules set by your parliament and the AEC stop me from taking Mr Abbott to the court of disputed returns because I am not a voter in Warringah.  This disenfranchises me from the electoral process significantly.
There are petitions in the House of Representatives asking Mr Abbott show he complies with the constitution and the answer to that petition was that the 40 day period every 3 year is enough to find out the truth.  But when the person lodging the petition in parliament can not lodge a petition in the court of disputed returns the system is broken.
Your committee can resolve this problem by asking Mr Abbott to show he has renounced his British citizenship.  Parliamentary rules say MPs must communicate, communication is one of the prime skills of being an MP.  Mr Abbott has refused to answer any email or letter from me about his British citizenship.  He blocks me on social media.  His staff have been instructed to tell me on the phone that Mr Abbott has only ever been Australian, but a look at the proof shows otherwise.
Mr Abbott was born in London UK to a British father on 4/11/1957. Under British law he was given automatic British citizenship.  A copy of the birth certificate is attached to this submission.
Mr Abbott has never applied for Australian citizenship, his mother did that when he was 23 years old to comply with the Rhodes Trust citizenship requirements.  The National Archives of Australia have a copy of the file which the committee can access and most relevant document is attached which shows Mr Abbott was granted citizenship on 2/7/1981.  This gave him dual British and Australian citizenship. 
In October 1981 Mr Abbott entered Oxford University as a British citizen, not as an Australian.
The UK Home Office and the UK National Archives have no record of Mr Abbott renouncing his British citizenship.
Because MPs ignore voters and don’t follow their own rules with regard to communication and because the rules set down by the AEC in petitioning the court of disputed returns it is very easy for an MP to sit in parliament illegally.
I trust you will examine the facts and ask Mr Abbott to show he has renounced his British citizenship, it is a fairly easy matter to have him show the paper work if he has it.  The Department of Prime Minister and Cabinet said in an FOI 2014 -159 that the renunciation of British citizenship papers do not exist.

 The birth certificate,Oxford FOI & proof of Aussie citizenship are at this blog page



  

SUMMARY

Should you find Mr Abbott does not comply with our constitution would you please order he pay the Common Informers (Parliamentary Disqualifications) Act 1975 penalty to me.

My private contact details are not for publication, I have had 5 death threats online since first asking questions about Mr Abbotts dual citizenship.  All were sent to the AFP.


I am a voter, I am politically savvy, I am not a member of any political party.  The parliamentary system seems to be there to protect  the politicians rather than to have voters being able to access their MPs.
My two proposals about S44 outline a big problem for the system, whilst the ARC  is not allowed to query the constitution it must be up to you, the JSCEM to ascertain all MPs are in parliament legally.  It is ridiculous that a voter in Queensland can not query the legality of an MP in Sydney because I didn’t vote in their electorate; even in Qld the slow response by the AEC endangers the system which only allows a complaint to be made for 40 days every 3 years.



 Some more put to the JSCEM 

Section 44 of the Australian Constitution

I first asked about dual citizenship in late 2013. I was born in England in the same year as the newly elected Prime Minister Mr Abbott and am a proud dual national, British and Australian.  In previous years I had sort of heard questions asked of Ms Gillard regarding her British citizenship and remembered she had said she had renounced to comply with the constitution.  I googled our constitution and found S44 and then emailed our new prime minister.  He didn’t bother answering.
I emailed a few more times and asked on Facebook, still no answer.  So I thought of another thing I had vaguely heard about but didn’t really know about, freedom of information.  I had no idea what I was doing so I wrote to the FOI clerk at the Department of Prime Minister and Cabinet asking how to lodge an FOI asking for Mr Abbott renunciation papers and was shocked to get a letter from Ms Peta Credlin telling me that if ever I officially asked for an FOI regarding Mr Abbott’s renunciation of British citizenship papers, then she would become the FOI clerk and refuse the request.  That was in February 2014.
During 2014 I asked a few other MPs, mostly party leaders, to ask Mr Abbott about his renunciation papers, I asked a few newspapers to ask questions and again totally ignored. 
I also started to get death threats online from supporters of Mr Abbott who were shocked I would be trying to get him to obey our laws.  These were all referred to the AFP via their online forms.
I learnt the Australian Electoral Commission can’t look at S44 because it isn’t Australian Commonwealth law, the constitution is British and colonial state law.  The AEC is limited and hogtied to just Commonwealth laws. 
I learnt Mr Abbott sleeping with the Australian Federal Police was very helpful for him.  I believe it was Mr Quaedvleig, the 2IC of the AFP who emailed me telling me they would never investigate breaches of S44 and most especially the signing of false declarations for the AEC by Mr Abbott.
I wrote to the Attorney General Mr Brandis, The Speaker of the House Mrs Bishop and my own local MP Mr Brough and was gloriously ignored by all.  Coincidentally just after writing to those three and MR Quaedvlieg my email account was hacked and everything deleted.  I am an old computer security geek so only one or two original files were lost, copies of all important documents were kept here there and everywhere.
Mr Shorten MP blocked me on facebook for daring to ask him to ask Mr Abbott about dual citizenship.
Mr Watts MP went to the Fairfax media with a story about my being a birther, a birther is someone who is usually racist and doesn’t believe president Obama of the USA was born in the USA.
Senator Cameron’s office said my queries were an irrelevance and nationality didn’t matter.
Senator McDonald’s office said everyone knew Mr Abbott was a dual national and it was legal, wasn’t it?
The Guardian newspaper sent a knock knock joke writer to do another story about birthers.
The Independent Australian ran many stories asking Mr Abbott to at least talk about his dual nationality.
Several other independent media groups also took up asking but again everyone is ignored.
Ms Butler wrote to Mr Abbott and was dutifully ignored, Senator Nash wrote to Senator Brandis about it and again was totally ignored.
There is a cone of silence about the question of S44 compliance.
I can understand party concerns about two dual nationals who can not renounce their birth citizenships: Senator Dastyari was born in Iran and according to Iranian diplomatic staff to renounce his citizenship he must return to Tehran and meet a special council to plea for the renunciation of his citizenship.  He cant risk this because he and his parents fled Iran because of protests and political activities and to return he may face arrest and possible execution.  Mr Nikolic could not renounce his Serbian or Yugoslavian citizenship because their rules say he can only do it if he has done national service.
But S44 is part of our laws and staying silent about Mr Abbott and the other MPs who were dual nationals is covering up crimes.  I mentioned this in an email to Senator Brandis and he destroyed my emails before passing to departmental officers.  FOI shows that.
300,000 people on facebook were in various groups calling for Mr Abbott to show he has renounced his British citizenship.
34,000 signed a petition asking he show he has renounced and is in parliament legally, that was presented to Mr Shorten MP, Ms Plibersek MP, Mr Bandt MP and that was as far as it got.  All stayed silent on the matter, neither dared ask in parliament.
Darryn Hinch, now Senator Hinch asked several times in his Sky News program about Mr Abbott’s compliance with the constitution.
The system is broken because all MPs seem to be in agreement to cover-up for all breaches of S44.

There is a petition in the House of Representatives 1108-1606 asking Mr Abbott to show his renunciation of British citizenship papers, the response by Senator Cormann says “responsibility for compliance with S44 rests with each candidate who nominates for election” it then goes on to say making a false declaration is illegal and that the High court can hear breaches of S44 for 40 days every election cycle.
There is also a petition in the House of Representatives asking for an audit of compliance with S44 of the constitution, but it is lodged with Senator Cormann not the Attorney General and marked not to be reviewed.  It was hidden by Dr. Jensen who was probably a dual national himself.
Shortly before the 2016 election a social media campaign started asking residents in electorates that have foreign born MPs to prepare to go to the Court of Disputed Returns to have their elected representatives show they comply with our laws.  Mr Gray, Mr Ripol and Mr Baldwin all pulled out of nominating for the election, old age, retirement or fear of being caught?  They were asked to show they comply with our laws and all refused.  Dr. Jensen was disendorsed, was his dual citizenship a part of that reason?  And Mr Nikolic got voted out.
The whole Section 44 thing is a shambles and mostly a political cover up.  Mr Abbott is in parliament illegally and all MPs seem intent on protecting him from the law.  How can our society operate properly if those at the top are immune from prosecution?
WHAT TO DO

The AEC must be allowed to monitor, check and prosecute breaches of S44 of the constitution.  This can be done by a ministerial directive or a change in the electoral act.
The Court of Disputed Returns must be allowed to operate full time, that is every day of ever parliament, MPs can’t be allowed to hide for 40 days and then glory in knowing they can’t be caught.  This would be in conjunction with the AEC being allowed to monitor, check and prosecute breaches of S44.
Special cases such as Senator Dastyari and Mr Nikolic must go to the High Court for adjudication, it can not be up to a cabal of politicians to ignore the law to protect a few.

OTHER S44 PROBLEMS
*********  I WILL NOT NAME THE SYDNEY BARRISTER WHO ADVISED ME ABOUT OFFSHORE ACCOUNTS, HE IS A MEMBER OF THE LIBERAL PARTY AND OBVIOUSLY WANTS TO PROTECT HIS OWN.  JUST LIKE EVERYONE ELSE TIED UP WITH S44. BUT TO NOT DISCLOSE A CRIME OF BREACHING THE CONSTITUTION MAY ENDANGER HIS OWN PROFESSIONAL INEGRITY AND PUT HIM IN CONFLICT WITH HIS LEGAL PROFESSION AND THEIR ETHICS COMMITTEES

Mr Turnbull gloated in parliament in April 2016 that he is rich enough to afford Cayman Islands accounts.  The problem here is that the accounts are there to get zero taxation and the only way to get zero taxation in the Caymans Islands is to be a citizen or to buy the rights of a citizen as companies do.
There is nothing illegal about using zero tax offshore accounts for most Australians, just as with dual nationality every Australian has the right to do just that.  Until you enter parliament.

The same few lines of our constitution that screw up Tony Abbott and probably half a dozen others for having dual nationalities also has problems for offshore account holders.

Mr Turnbull admits and gloats about having some, probably Mr Palmer has some too.

Section 44 of the constitution says an MP must be disqualified if they are entitled to the rights or privileges of a subject or a citizen of a foreign power.

Zero tax in the Caymans is a right and a privilege of citizens of the Caymans.  The rich buy that right to zero tax.
I have asked Mr Keenan MP as Justice Minister to look into this but he blocks me on social media and refuses to answer my emails.
There you have it, the past two Prime Ministers are in parliament illegally and protected by 99% of all members. Why is it the laws of this country do not apply to politicians? Why are they protected from prosecution?
When reviewing the submissions a few of you politicians have a chance to clean up the place, remove some criminal frauds and set new guidelines and processes to ensure everyone follows our laws.  If you find Mr Abbott and Mr Turnbull are in parliament illegally I would ask you provide me with the Common Informers (Parliamentary Disqualifications) Act penalty.

CRIMINALITY PROBLEMS
Finding that an MP is in parliament illegally would be extremely bad for them and for our laws.  My understanding is that an MP would face the Common Informers penalty as well as face having to repay their salaries, their expenses, office costs and lose their pension.

With the two I mention here both being Prime Ministers any laws they have given to the Governor General would become null and void.  Perhaps even any law they have voted on during their stay in parliament would become null and void. 
If I may I would suggest a special law be enacted to ratify everything they have done in parliament, waive the repayment of salaries, expenses and costs.
The major penalty for them would be banishment from parliament and cancel any pension rights and gold card rights a legal MP or PM might expect.  I would also ask that they not be allowed to stand for election again.

Please do not publish my address details which you hold elsewhere

PROBLEMS FOR THE PEOPLE
A person who suspects or indeed knows that an MP is in breach of S44 of the constitution may or may not be able to act on that because the rules specify that a person must have voted in the election in which the MP or candidate stood.  The AEC and High Court rule this must be in the electorate not the general election.  I think this rule should be altered so that people all over Australia can decided to take an MP to court for breaching the constitution rather than just those in their electorate.
I have been contacted by many people since I first dared ask about Mr Abbott’s citizenship and his breach of the constitution and those people were frustrated because they could not ask about the MP or senator they were concerned about.  The judicial system and indeed the constitution is being denied to the people.  One person living in Canberra was concerned about Senator Dastyari and wanted to ask in the High Court, but because they had voted in Canberra they were precluded from asking in the judicial system. 
Please consider allowing people from all over Australia to be allowed to participate in the judicial system, and to take advantage of our constitution.

Tony Magrathea

This submission may have been sent, the APH computer system seems fragile at times and I did not get notification of this having been sent.,  There are a few added paragraphs to the original I tried to send.



And Senator Bob Day

On 17 October 2016 Senator Bob day announced he was resigning from parliament because his private companies had become insolvent.
Was Senator Day insolvent when he signed the declaration on the nomination form or did the insolvency only happen in the few weeks since the election?
Section 44 of the constitution says a person who is an undischarged bankrupt or insolvent is disqualified from being a member of parliament.
As the Australian Electoral Commission can not ask for proof of compliance with the constitution Senator Day may have been insolvent when he signed the nomination form.
Will you ascertain if Senator Day was or was not insolvent when he signed the nomination form?
Will you ascertain when Senator Day became insolvent?
Will you ask that charges of fraud be laid should it be shown he signed a false declaration for the Australian Electoral Commission?
Will you award myself with the Common Informers (Parliamentary Disqualifications) Act 1975 penalty should you find he was disqualified while in parliament.
This again shows the problems with not allowing people outside a candidate’s electorate from taking matters to the Court of Disputed Returns.  Will the JSCEM consider changing rules to allow voters from anywhere in Australia to take candidates from an electorate to the Court of Disputed Returns?
Will the JSCEM consider allowing the AEC to be allowed to examine and prosecute compliance with S44 of the constitution?

Yours

Tony Magrathea



This is the bit at the end of my blogs should you want to cross my palm with silver