Abetz during his time as a Liberal Senator has held the following influential positions regarding the creation of Australian law over electoral matters.
• The Special Minister of State (2001-2006) responsible for the Commonwealth Electoral Act
• Chair of the Senate Legal and Constitutional Legislation Committee
• Member of the Joint Standing Committee on Electoral Matters.
On Friday 6th August 2010 the High Court deemed invalid the law passed under Abetz’s watch that closed the rolls on the day the election writs were issued. This law was in part the result of Senator Abetz’s efforts as the responsible Minister between 2001 and 2006. His given reason for the amendments to the Electoral Act was to maintain the integrity of the roll, suggesting that late enrolments could not be checked either for accuracy or fraud.
I suggest that this search for integrity should be reflected in the Minister’s own conduct over the correct completion of nomination forms for his election to the Senate.
The known completed nomination forms of Senator Abetz, when tested for integrity, fail dismally. He has nominated five times for the Senate and I will discuss each nomination separately.
He first nominated for the 1993 election; he was listed third on the Liberal Party ticket. He failed to be elected. An Eric Abetz (He was naturalized as Erich see Documents 1 & 2) stood for this third seat after Archer and Gibson. To nominate for this election Abetz would have had to fill out a nomination form at least a month before the election, leaving him little time to write to the German Embassy to resign his German Citizenship and receive the required acknowledgement from the German Authorities. He states in the Mercury that this letter of resignation, which no-one has ever seen, was written in 1993, and no reply was received from the German Authorities. I suggest that should he have written this letter he was aware of his dual nationality and his obligations under the Constitution.
The Electoral office advise there are no records of this Abetz nomination for the reason that the records are destroyed. (Document 3)
Abetz’s second nomination resulted from a casual vacancy in 1994; the vacancy was filled by a joint sitting of the Tasmanian Parliament via a nomination lodged by the Liberal Party. Neither the Tasmanian Liberal Party nor the Tasmanian Parliament can produce the records for this nomination.
Abetz’s third nomination form for the 1998 election survives (Document 4). This states that his given name is Eric with no h. The form requires him to provide his given name, Erich; he therefore makes a false declaration. A separate box may be used for the name he wishes to place on the ballot; this he signs for as Eric. Shortened names for the ballot paper are allowed; there would be no requirement for this provision in the law if the candidate could use a shortened name as his given name. A Commonwealth Government official wrote to the German Embassy in Canberra in 1974 advising that one Erich Abetz, born January 25 1958, Certificate of Citizenship No AC(G)102404, as of 3rd December 1974, became an Australian Citizen, adding that Mr Abetz’s German passport was not collected. This suggests acceptance on Abetz’s part that he was remaining a Dual National. (Document 5). Abetz, on applying for citizenship by his own hand, stated his given name to be Erich. (Document 1)
Did he change his name from Erich to Eric by Deed Poll? Has he changed his name on the electoral roll? If not, this again is a false declaration. Politicians have access to the electoral rolls where such personal details are listed. Electoral enrolment forms have three similar questions: No 1, provide given name; No 6, are you advising a change to your name; and question No 7, please give your citizenship number. Inspection of the Electoral Rolls should provide answers to these questions and may resolve several of these issues in addition to that of renunciation.
Senator Abetz falsely declares his citizenship date as 11 November 1974: wrong date, wrong month.
The AEC states that sitting senators should list their occupation as ‘Member of Parliament’. Senator Abetz states on the nomination form that his occupation is Senator. As a former soldier myself this is called pulling rank – he is a Member of Parliament by occupation, and a Senator by rank.
He commences to give his date of birth, he at least knows his day of birth which is the 25th of the month, the entry for the month and year are not completed, further he does not provide a place of birth. He ticks the box ‘I am capable of being chosen and sitting as a Senator (because I am not disqualified by virtue of Section 44 of the Constitution)’; a more defining choice of words than that to be used later 2004.
The fourth nomination is for the election of 2004 under which Abetz currently sits in the Parliament. (Document 6) Again Abetz falsely declares his given name as Eric; his occupation is now elevated to that of Minister/Senator instead of the as suggested by the AEC ‘Member of Parliament’. The number for his citizenship is false T02078616; it is in fact AC(G) 102404. The Date of Citizenship is now correct. The form now submits a less defining commitment to citizenship: ‘I am by virtue of section 44 of the Constitution capable of being chosen or sitting as a Senator’. I ask, did Abetz as the responsible Minister, have a part in this dumbing down of the requirements?
The fifth nomination form for 2010 for Senator Abetz is unavailable except via Freedom of Information which takes time. A copy should be freely available to any enquirer up to the date of the election.
Parliamentary democracy means that Australians may participate in how our country is run and how Australian society is represented. Elected parliaments are the only bodies able to make our laws. Australians understand the value of laws, as rules of conduct, established by elected governments and followed by the community; they maintain an orderly and free society. This means no-one is above the law even those who hold a position of power.
In summary, in the contentious areas of Immigration, Boat People and Citizenship, how is it that the most powerful in the land, such as Abetz, can duck their obligations over nomination forms, thereby enter Parliament and rise to a position of power which enable them to make the laws that affect both the distressed and unfortunate, all with seeming impunity.
Download Documents:
Document 1: Application for Australian Citizenship filled in and signed by Erich Abetz 11/9/1974
Document 2: Oath of Allegiance under the name Erich Abetz
Document 3: Letter from the Australian Electoral Commission regarding Abetz’s nomination forms and their location.
Document 4: Abetz Nomination Form 1998
Document 5: Grant of certificate of Australian Citizenship No AC(G) 102404 on 3rd Dec 1974, his passport was not collected
Document 6: Abetz nomination form 2004 under which he sits today in the Parliament
