As suggested here on October 13, if the High Court takes a literal meaning of Sec 44 in its entirety it will be courting chaos. And wow, it sure has been.

https://www.pickeringpost.com/story/high-court-courts-chaos/7666

Every Member and Senator must take, and has taken, an oath of allegiance to the Monarch and Crown and cannot sit in Parliament until this has occurred either by way of oath or affirmation.   

Just in case you don’t believe me here is the section: 

“The Australian Constitution requires that those elected to the Senate and the House of Representatives swear or solemnly affirm their allegiance to the Crown. Senators and Members are required to both ‘make and subscribe’ (sign) an oath or affirmation. The same oath and affirmation have been used since Federation and can only be changed by constitutional referendum."

Okay, it goes like this: "I, Shane Shitforbrains, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors according to law. So Help Me God!"

                                 None of these blokes has detected an anomaly

Are you still with me? Okay, so after having just departed the GG’s swearing in ceremony as a fully-fledged Parliamentarian in a Comcar, Shane Shitforbrains has just enough time to check on what the Constitution says about all this crap, and Holy Shit, Shane comes across the infamous Section 44… and here it is:

44-(i.): "Any person who is under any acknowledgement 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 citizen of a foreign power shall be incapable of being chosen or of sitting as a Senator or a Member of the House of Representatives."

Did you read what I just read? Now I'm not trying to be a smart-arse here, but didn’t it just say? “Any person who is under any acknowledgement of allegiance to a foreign power… shall be incapable of being chosen or of sitting as a Senator or a Member of the House of Representatives …”. Surely Shane must have asked the Comcar driver to turn around and go back, there must have been some mistake?

             That could easily be Chief Justice Julia Gillard holding hands with Brandis

Now there have been quite a few Queen’s Counsel sitting on either side of Parliament and none has noticed any anomaly. Not that I would expect them to, as expensive silks only remind me of expensive worms.

But The Standing Committee on Constitutional and Legal Affairs reported way back in 1981; and it recommended that every one of the five subsections of section 44 be either amended or deleted.

Hmmmm, f***ing deleted eh? So the so-called “finest brains” in the judiciary recommend Sec 44 be flicked and yet the so-called "finest brains" in the High Court bring down an unambiguous, blinkered, literal ruling regarding that same Sec 44… and when the very legitimacy of our Parliament is at stake? 

WTF? Why do we pay these fools?

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As always sailor, you are very welcome. Yes, the tip of a humungous iceberg indeed.

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Adamecowarrior

http://www.skynews.com.au/news/politics/federal/2017/11/16/former-mps-wrongly-receiving-pensions–lawyer.html Just another twist to this story – Pensions which were always obscene compare with majority received – not so now thanks t Ted Mack. But bet you these are the 69% variety.

Bottle
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Bottle

Gotta Keep those mines open

GarrickCarpenter
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GarrickCarpenter

Get well Larry Pickering Australians need a patriotic warrior like you to sustain the pressure on the clown of Canberra I beat lung cancer and I pray that you do too GOD Bless you and yours

PattayaPete
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PattayaPete

This just cannot be legal. Lambie is aboriginal, and that alone is enough to keep her in the Senate. Being aboriginal trumps every other law in Australia, and I find it reprehensible that in this case her aboriginality cannot keep her in the Senate. Absolutely reprehensible. Think of the children. Think of her sacred ties to the land that is now Australia. Please just think it through. Where is the Attorney General on this? Surely he is not going MIA on this, as that would be a gross dereliction of duty. Where’s her mate dodson, where is that mansell creep,… Read more »

PattayaPete
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PattayaPete

I am so disappointed in them all for not standing true to their core values. I am shaking me head. Truly appalling.

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Maryanne. True story. Several years ago we had a very diseased pine tree removed from our front garden. Unfortunately this tree was loved by corella cockatoos. Each year they return at the time the pine nuts would be ripe and swing on lines on the other side od the road, squarking at us very loudly. Last year MM put bird guard on our TV antenna to stop dove droppings landing on solar panels. This proved the last straw for the corellas. They attacked the antenna cable and twice we had to get an electrician to replace it. The correlas also… Read more »

ejada
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ejada

Any with eminent legal backgrounds care to comment for the sake of us all who us just sitting shaking our heads!

dante
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You are off topic hottie. I think Abbott is a phobia with you. We have to fix the mess he got us into but put it in perspective …Have a good one hottie. 34 in Melbourne today. Wonder what Dan will do to keep cool.

Hotrocks
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Hotrocks

Well , stuff it , let’s blame Abbott .

dante
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Dirty Harry, you go and buy your Jura from Skye and enjoy it. My friends drink my Home made Blue Label and wonder what the fuck it’s all about. Cheers.

dante
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dante

Take your pick Reenee but this proves Mission’s point.

Neenee
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As long as Anning stays to the right of the Turnbull Party it doesn’t really matter what party he identifies with.

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Neenee

Dante – that $6 wine show winner was from Coles not Aldi. St. Andrews Cabernet Sauvignon 2016. Coles had another gold medal winner previous year, James Busby Big & Bold Shiraz 2015 at only $5. The latest versions, 2017 and 2016 respectively are both excellent and still at the same prices – I wouldn’t be surprised to see them win again in 2018.

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TODAY
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Asylum seekers have claimed more than $10,000,000 in government handouts they were not entitled to, with figures also showing that some families had been transferring cash overseas. #9Today This has to end !!

Aust1
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Aust1

Lol Get up,,, yeh I’m the world President. Actually I founded it.

ejada
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Some intelligent discussion on QANDA tonight covering current topics including electronic data management, access and fraudulent misuse of data. IT security is one of the biggest growth industries in the world.

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