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Dual Citizenship Crisis - s 44(i)

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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
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PostPosted: Tue Jul 18, 2017 8:37 pm
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thesoretoothsayer wrote:
Whatever you do don't make jokes about Larissa Waters's main claim to fame.
Your posts will disappear from this thread.


If you mean her breastfeeding in Parliament, I haven't got a problem with it.

If she had a kid squarking with her during parliament or a work meeting, I'd have an issue, but feeding a baby, no probs.

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think positive Libra

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PostPosted: Tue Jul 18, 2017 8:47 pm
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stui magpie wrote:
thesoretoothsayer wrote:
Whatever you do don't make jokes about Larissa Waters's main claim to fame.
Your posts will disappear from this thread.


If you mean her breastfeeding in Parliament, I haven't got a problem with it.

If she had a kid squarking with her during parliament or a work meeting, I'd have an issue, but feeding a baby, no probs.


Close, but the comments didn't include the baby!

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David Libra

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Joined: 27 Jul 2003
Location: Andromeda

PostPosted: Tue Jul 18, 2017 9:59 pm
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stui magpie wrote:
David wrote:
A referendum's a hugely expensive undertaking, but package it up with a few other amendments (Indigenous recognition, if that's still on the table) and it would be worth doing. The document's over a century old; it's bound to need to be refreshed from time.

I'd also be interested to know whether the "foreign powers" section of the constitution originally applied to the Commonwealth. Surely we had British subjects serving in the early parliaments?


British citizens are apparently interpreted by the High Court the same way.

Quote:
Sue v Hill (1999)[edit]
Main article: Sue v Hill
At the 1998 federal election, Heather Hill, a woman with dual British-Australian citizenship, was elected to the Australian Senate as a senator for Queensland. Henry Sue, a voter from Queensland, appealed to the High Court of Australia,[8] sitting in its capacity as the Court of Disputed Returns. Chief Justice Murray Gleeson ruled that the United Kingdom qualified as a "foreign power" under section 44(i), and as a British citizen Hill was therefore unable to take up her Senate seat.[9] As a result, Len Harris, the second One Nation party candidate on the ballot, was elected and took Hill's place in the Senate.


Also works for One nation and that was nearly 20 years ago.

https://en.wikipedia.org/wiki/Section_44_of_the_Constitution_of_Australia#.28i.29_Allegiance_to_a_foreign_power

You'd think after the precedents that a political party would check, when a candidate for preselection was born overseas, whether they were eligible.


I know about the Hill case, but was more wondering if that would have applied over a century ago when the constitution was written. Given how many early Australian PMs were British-born, and the fact that Australia was scarcely an independent nation state, it seems hard to believe that the UK would have then been considered a foreign power.

Someone also pointed out that New Zealand is included as part of Australia in the constitution. Not that it changes anything legally today – and I certainly don't support Brits and Kiwis being given special treatment – but it's something interesting to consider re: the original purpose of the law and its changing interpretation over time.

In Waters' case, she seemed to have every reason to believe that her place place of birth had no bearing on her citizenship status. I'm not sure what Ludlam was thinking (although I don't believe for a moment that he deliberately decided not to renounce it; what purpose would that serve?). In the end the party should have done the homework.

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Mugwump 



Joined: 28 Jul 2007
Location: Between London and Melbourne

PostPosted: Tue Jul 18, 2017 10:13 pm
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stui magpie wrote:
thesoretoothsayer wrote:
Whatever you do don't make jokes about Larissa Waters's main claim to fame.
Your posts will disappear from this thread.


If you mean her breastfeeding in Parliament, I haven't got a problem with it.

If she had a kid squarking with her during parliament or a work meeting, I'd have an issue, but feeding a baby, no probs.


A bit like saying it's ok to bring a firecracker into the chamber as long as it doesn't go off, but I guess they don't squawk much when feeding, and it's entirely appropriate that there be the odd little vomit during parliament. Still, bringing a small child into an important business meeting is the kind of statement-making, self-absorbed thing I'd expect a Greens senator to do.

Otherwise, it's the kind of behaviour that's best ignored until it stops.

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David Libra

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PostPosted: Tue Jul 18, 2017 10:21 pm
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Having listened to question time many times on the radio, I expect the baby was the only one with anything interesting to say.
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stui magpie Gemini

Prepare for the worst, hope for the best.


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PostPosted: Tue Jul 18, 2017 10:25 pm
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I do get your point, I suppose being an MP is one of the few jobs you could actually do it in, so the whole statement thing rings true.

All normal breast feeding women who return to work and put the rugrat in daycare or whatever express breastmilk into a bottle.

for my mind though, she could breastfeed in Parliament without necessarily impacting her ability to do her job, so why not?

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Mugwump 



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PostPosted: Tue Jul 18, 2017 11:06 pm
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David wrote:
Having listened to question time many times on the radio, I expect the baby was the only one with anything interesting to say.


....But probably not the only one with continence problems.

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watt price tully Scorpio



Joined: 15 May 2007


PostPosted: Thu Jul 20, 2017 6:29 pm
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http://www.theage.com.au/video/video-news/video-national-news/who-do-you-think-you-are-greens-senator-edition-20170720-4wagl.html
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Pies4shaw Leo

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PostPosted: Tue Jul 25, 2017 9:12 pm
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And now, just for fun - a Federal Minister resigns from Cabinet because he may be a dual Italian/Australian citizen:

http://www.theage.com.au/federal-politics/political-news/resources-minister-matt-canavan-could-be-dualitalian-citizen-and-may-have-to-resign-20170725-gxijvq.html

Anyone laying bets on when this will take out a Wun Noishun MP? - oh, wait a minute - they don't have any, much, do they?
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think positive Libra

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PostPosted: Tue Jul 25, 2017 9:57 pm
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Good that intends to try and fight it.
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stui magpie Gemini

Prepare for the worst, hope for the best.


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PostPosted: Tue Jul 25, 2017 10:08 pm
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Bloody mothers.
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think positive Libra

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PostPosted: Tue Jul 25, 2017 10:47 pm
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stui magpie wrote:
Bloody mothers.


We get the blame for everything!

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HAL 

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Joined: 17 Mar 2003


PostPosted: Tue Jul 25, 2017 10:49 pm
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What do you look like?
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Skids Cancer

Quitting drinking will be one of the best choices you make in your life.


Joined: 11 Sep 2007
Location: Joined 3/6/02 . Member #175

PostPosted: Tue Jul 25, 2017 11:08 pm
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Tannin wrote:
What a terrible loss for Australian democracy. Ludlam has been an outstanding Senator, head and shoulders above most of his kind and his voice of sanity and reason will be sadly missed.

Examle: https://www.youtube.com/watch?v=90K0p-1CCQk

Note that he arrived in Australia as a very young child and had no idea that he was technically also a New Zealand citizen until last week. Note also that he immediately notified the appropriate authorities. (Compare with that dishonest clown Abbott who is still refusing to own up or provide evidence of his citizenship.)


This has to be the ultimate.... I know I'm 50, but I just wet myself Laughing

No family album??? was he born in the 14th century? Laughing Laughing

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Skids Cancer

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Joined: 11 Sep 2007
Location: Joined 3/6/02 . Member #175

PostPosted: Tue Jul 25, 2017 11:13 pm
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Tannin wrote:
He was three years old, Stui. How much do you remember from when you were three. And - unlike Abbott - he has been upfront and honest and outed himself.


Laughing Laughing Laughing

It gets better as I read thru the thread... Laughing Laughing Tannin... please Laughing you are killing me right now Laughing

Oh "hey mum... have we ever been in another country"..... "Do we always have fush un chups on Fridays?" Laughing Laughing

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Last edited by Skids on Tue Jul 25, 2017 11:22 pm; edited 1 time in total
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