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The Forum > Article Comments > Lying about citizenship: Australian politicians before the high court > Comments

Lying about citizenship: Australian politicians before the high court : Comments

By Binoy Kampmark, published 28/8/2017

To read the section any other way, would result in a 'ridiculous' interpretation, one that would also disqualify up to half the population from sitting in Parliament.

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Yes it will be decades . All legislation back to 1948 will need to have fresh Parliaments to debate everything and establish all government department activities. Compensation for illegal acts will not help the Budget.
Posted by nicknamenick, Monday, 28 August 2017 12:03:40 PM
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When we became a federation, 1900, our head of state was the British Queen, Victoria. She was also the Queen of Malta, the Falklands, PNG, Fiji, New Zealand and a still undivided India, Malaysia, Singapore etc.

The proud boast was that the sun never set on the British empire.

Now, we might have problems with some migrants from those countries, that can and are deported, if they fail the good character test. And need to be accepted as migrants, who except for our Kiwi cousins, need passports and visas.

Even so, Australia started as a convict colony and built by successive waves of immigration of people from somewhere else.

The constitution with section 44, was written at the turn of the last century and remains unrevised! Even though the flag and our and Britain's status changed. Including a relatively brief reign by a king.

And at that time of federation and the writing of the constitution. No citizen of any of the aforementioned countries was deemed a foreigner by accepted definition. Regardless of colour or creed

And to honor the intention and black letter law of the original document, that ought remain the case! Anything else would tell the world, we're full of it and ourselves?

However and to conclude, go back far enough and we all were foreigners, out of Africa!
Alan B.
Posted by Alan B., Monday, 28 August 2017 2:37:22 PM
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surely their should be an audit on ALL the pollies.
Posted by runner, Monday, 28 August 2017 2:39:00 PM
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@ Alan B:

The High Court determined years back that 44(i) applied to Brits.

Do you seriously suggest now that the High Court will now change its collective mind on the basis that you disagree?

I suggest that you read http://www.aph.gov.au/binaries/library/pubs/bp/1992/92bp29.pdf to see the drafting, case histories and academic interpretations regarding 44(i). This article is a little heavy, at 80+ pages, but covers the ground thoroughly.

See especially re the dual nationality of Mr Kardamitsis on P27.
Posted by SingletonEngineer, Monday, 28 August 2017 2:53:43 PM
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Well given the high court, though full of august wise, yet fallible men, can and does get some stuff wrong, once or twice every century?

And not on the basis who might or might not agree with their findings?

But rather, the words written in black and white in the constitution, whose meaning needs no interpretation, given the intent and meaning is in unmistakable unambiguous english, there for all to see.

Yes our status changed, but the words remain unaltered, and just didn't need to be redefined. What they meant then and who they referred to remains the same now as they day they were ratified into law.

No other "learned" interpretation is possible, unless of course they and the pollies jerking their stings? Want to open a pandora's box of contested places/legislation, for decades!

All these folk are former lawyers skilled at arguing black is white and winning! They can fix it, or like unaccountable despots, far kit?
Alan B.
Posted by Alan B., Monday, 28 August 2017 4:27:31 PM
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So Alan the immigration laws are unconstitutional but the Oz flag and monarch are lawful? You may need to select one as correct.
ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2007 - REG 6

Eligible vehicles
6 ELIGIBLE VEHICLES

(1) A registrable vehicle is eligible to be registered without conditions if:
(a) the vehicle complies with the applicable vehicle standards for the vehicle,
-
This was in 2007 for that year's cars . Cars from 2008 which were unknown models in 2007 can't be registered . This caused the end of Holden and Ford production and they will lose the majority in the house..

But if your car made after 2007 is registered and the list changes then countries can be changed to the alien list . NZ says Oz is alien in 1977 Act.
Posted by nicknamenick, Monday, 28 August 2017 5:33:17 PM
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