Tasmanian Times

The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. No price is too high for the privilege of owning yourself. ~ Friedrich Nietzsche

The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. No price is too high for the privilege of owning yourself. ~ Friedrich Nietzsche

Bob Hawkins

NATION: Have I missed something … ?

First published November 13

Have I missed something? What about the millions of dollars that illegitimate MPs removed from the Australian Parliament.

What about the millions of dollars that have been paid in salaries and superannuation plus all the extravagant perks they are entitled to?

All those removed from the Australian Parliament were so removed because, by ignorance or intent, they had been defrauding the people of the existence of a fully legitimate parliament.

Each and every vote could have turned on the decision of one of those discovered freeloaders.

As well as the Libs/Nats’ serving deputy Prime Minister, House of Representatives’ member Barnaby Joyce, the High Court has removed five senators for failing to meet citizenship requirements since PM Malcolm Turnbull scraped back into office with a one-seat majority last year.

All of this means that for years both houses of parliament have had members voting who were not entitled to vote.

I’ve been pondering how the average Joe or Jean Blow would be treated if it were discovered that they had been pilfering the national coffers, either through ignorance or intent.

I doubt they’d get away with a symbolic rap over the knuckles and told that they could re-apply for welfare entitlements. Rather, they would be promoted, with the help of our reactionary right-wing media as shifty bludgers.

Not only does bullshit-artist and nonsense-natterer Barnaby Joyce look as if he’s going to get away with keeping all of his illegally obtained benefits (must be millions doled out to him alone), he’s being allowed to stand again immediately for a seat he has been fraudulently representing since 2013 after, it should be remembered, fraudulently representing Queensland in the Senate from 2005 to 2013.

Another freeloader, as I read it, is Senator Eric Abetz. He was in parliament for nearly 16 years before he produced a document relating to his renunciation of a citizenship other than Australian. He must have picked up millions since he was elected as a senator in 1994.

*Bob Hawkins is an angry old journo who can’t believe that the likes of Dutton and Turnbull (and their predecessors for nearly 20 years) can continue to behave like criminals and still expect to set the nation’s course when it comes to basic human decencies.

• Urban Wronski (aka David Tyler), who normally writes NATION, is having a couple of weeks off …

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13 Comments

13 Comments

  1. spikey

    November 13, 2017 at 10:52 pm

    #12

    abetz sits astride a pile of shit
    his nationality has nothing to do with it
    its his willingness
    to pray to tasinc
    that got him where he is
    that and hate speech disguised as religion
    and maybe helping old people into busses
    and his homophobia

    the fascist propaganda that spews from our liberal governments mouth

    is not commercial propaganda

    its full blown deceive the population
    for political gain
    fascist propaganda
    divide and conquer

    don’t get me wrong
    this has been going on for too long
    its going to kill us

    its time we called out the lies
    and reclaimed our dignity

  2. Paul

    November 13, 2017 at 7:32 pm

    Face it sport, Abetz won and you lost … miserably.

  3. Treeger

    November 13, 2017 at 2:06 am

    The original folk of this great southern land will be sighing into their petrol/alcohol (introduced by the West) as a small minority of them bother to read
    how just over 100 years ago some white fellas built a constitution for a new country that attempted to make those in charge loyal only to that great southern land- a noble notion that only recently really backfired with S44 and the resources boom.

    Investing nations and their mercenary forces would soon invade if mines were nationalised. With the R&D (research and development) tax offset, many of the very large corporations are minimising their taxes and even increasing their losses. This, as well as the 27.5% tax for any company with a turnover of less than 10mil (classed as a small business entity- which used to over 2mil turnover) is the reason this great southern land will soon be ripe for revolution. Real time donations disclosure now!

  4. Jon Sumby

    November 12, 2017 at 9:58 pm

    Re #7, John,

    You write: Abetz gained his Australian Citizenship when he was a minor aged 16 on 3 Dec 1974 at 6pm in Hobart. His certificate number is AC (G)102404.

    What part of the Staatsangehörigkeitsgesetz Section 25 do you not understand?

    Section 25

    [Loss of citizenship on acquisition of a foreign citizenship following due application for the same; approval of retention of citizenship]

    (1) A German shall lose his or her citizenship upon acquiring a foreign citizenship where such acquisition results from an application filed by the German concerned or his or her legal representative, whereas the represented person shall suffer such loss only if the qualifying conditions for application for release from citizenship apply as stipulated in Section 19. The loss under sentence 1 shall not take effect if a German acquires the citizenship of another member state of the European Union, Switzerland or of a state with which the Federal Republic of Germany has signed a treaty under Section 12, sub-section 3.

    (2) Citizenship shall not be lost by any person who, prior to acquiring foreign citizenship following their application for the same, received written approval from their competent authority for retention of their citizenship. Where an applicant is ordinarily resident abroad, the German diplomatic mission abroad shall be consulted in this connection. The public and private interests shall be weighed up in reaching the decision on an application pursuant to sentence 1. With regard to an applicant who is ordinarily resident abroad, special consideration shall be accorded to the question of whether he or she is able to furnish credible evidence of continuing ties with Germany.

    (3) (repealed)

    This was the law when Abetz became an Australian citizen, as you yourself noted in comment 7.

    You write: This German passport number C167 4055 was issued in Melbourne on 22 July 1971.

    Do you think his passport remained valid from 1971 until 1994 or 2010?

    Section 5 Length of validity

    (1) Passports, service passports and diplomatic passports shall be valid for ten years. Passports issued to persons under age 24 and in the case of Section 1 (3) shall be valid for six years.

    (2) Child passports shall be valid for a maximum of six years but not past the child’s twelfth birthday.

    I’ll give you a hint, Abetz arrived in Tasmania at the age of three. Therefore his passport would have expired in 1967 (see part 2), though it is more likely that he travelled on his father’s passport. You say he was issued another passport in 1971. As he was age 13 that year it would also expire in six years, i.e. in 1977 (see part 1).

    You write: In a letter from the Regional Director of the Department of Immigration in Hobart addressed to the First Secretary at the Embassy of the Federal Republic of Germany in Canberra it is noted that his German passport was not collected.

    So what?
    Is there some deep and dark conspiracy here?
    Is the Australian government obligated to collect every passport from every person doing the citizenship ceremony every year, keep them secure and safely courier them back to the respective consulates?
    Does German law require passports to be surrendered when losing citizenship?
    Does Australian require the passports of the former nationality to be surrendered by new citizens?

  5. John Hawkins

    November 12, 2017 at 9:16 pm

    Jon Sumby, as a further comment it is now possible for the President of the Senate to write to the German Authorities to confirm the date of the Renunciation of German Citizenship for Abetz.

    This will put the matter beyond doubt

    Minor changes concern the establishment of a register storing all decisions relating to nationality. By a new provision a legal basis has been created for the storing and processing of decisions relating to the acquisition, existence and loss of nationality, embracing as well the storing of decisions after 31 December 1960. The Bundesverwaltungsamt is responsible for maintaining the register. All nationality authorities are obliged to transmit the relevant personal data on decisions relating to nationality to the register. The nationality authorities are, in addition, obliged to inform the foreign representations of the Federal Republic as well as the local authorities about a naturalisation or loss of nationality. The legislative purpose is to avoid mistakes in the establishment of voter registers or the issuance of passports as a result of a loss of German nationality (as was indicated at a public hearing in the Interior Committee of the Bundestag at 23 May 2007).

  6. john hayward

    November 12, 2017 at 8:38 pm

    All the legalistic bullshit about citizenship has completely obscured the criteria of intelligence and integrity in choosing our pollies. Locking up refugees, selling the nation out on climate, and attempting to steal the marriage issue would seem weightier disqualification grounds than some administrative oversight.

    Remember that our bunyip Pandora’s box was dug up by some Liberal Party hack trying to scratch up dirt on the Greens.

    John Hayward

  7. John Hawkins

    November 12, 2017 at 5:09 pm

    Jon Sumby

    You always get it wrong.

    Abetz gained his Australian Citizenship when he was a minor aged 16 on 3 Dec 1974 at 6pm in Hobart. His certificate number is AC (G)102404.

    What does the G stand for?

    He was on this day technically a minor under West German Law at the time.

    In a letter from the Regional Director of the Department of Immigration in Hobart addressed to the First Secretary at the Embassy of the Federal Republic of Germany in Canberra it is noted that his German passport was not collected.

    This German passport number C167 4055 was issued in Melbourne on 22 July 1971.

    These are the key factors which caused Abetz to get his citizenship sorted out by Verzichtsurkunde in 2010 from the German Government that stated that he was no longer a German citizen.

    The ensuing certificate allowed Abetz to legally take up his seat in the Senate for the first time since his filling of a casual vacancy in 1994 and forced me to withdraw my suit before the High Court.

    I hope that the new President of the Senate will give this matter his careful consideration.

  8. Jon Sumby

    November 12, 2017 at 12:05 pm

    Yes, you have missed something.

    The important date is not 1994 but the date Abetz gained Australian citizenship and the German citizenship law in effect at that time. The law in effect at that time is the same law that is in effect now and is clearly explained on the German Federal Foreign Office website:

    How can German citizenship be lost?

    A German national who applies for and receives a foreign nationality (except the nationality of one of the EU Member States or Switzerland) loses his/her German nationality.

    The only way of preventing the loss of German citizenship is if the applicant obtained permission to retain the nationality by the German authorities prior to acquiring the foreign nationality.

    https://www.auswaertiges-amt.de/sid_A6C54BEDB5C9261DE2E68ABD588D9640/EN/Infoservice/FAQ/Staatsangehoerigkeit/13-Verlust.html?nn=479790

    The renunciation certificate you mention is a method in German law that allows a person to have a formal notice of the lost citizenship. Since a person automatically loses German citizenship when they gain another citizenship it doesn’t matter what date they get that certificate as it’s just a piece of paper stating that they are not a German citizen. It is not backdated and issued and dated on the time the person requests it.

    This is explained in the transcript of your lawsuit against Abetz:

    Your Honour sees that the “Verzichtsurkunde” which is translated, suggests that – it is ambiguous in English:

    “has at the moment this Certificate was issued lost German citizenship through renunciation.”

    That, of course, as a matter of English could mean has, in the past, or did at the moment.

    The German Embassy wrote a letter accompanying it, as your Honour sees, which explains that it is the certificate that is used even if it has been lost in the past.

    I will also mention that by German law a person cannot renounce German citizenship unless they already have another citizenship, by which time they have already lost their German citizenship automatically by law. It is done this way in order to prevent a person becoming stateless.

    Prior to this law a person could become stateless. Albert Einstein was stateless after he renounced German citizenship in 1896. He was finally granted Swizz citizenship in 1901.

  9. Wayne, Tamar Valley

    November 12, 2017 at 12:00 pm

    Not to mention the now proven false stat decs these politicians signed.

    Bring on the “Robodebt” letters to these dodgey polies!

  10. Wayne, Tamar Valley

    November 12, 2017 at 11:35 am

    Not to mention the now proven false stat decs these politicians signed.

    Bring on the “Robodebt” letters to these dodgy pollies!

  11. Chris

    November 12, 2017 at 10:33 am

  12. garrystannus@hotmail.com

    November 12, 2017 at 10:01 am

    As I understand it, Eric Abetz lost his German citizenship when he became an Australian citizen in 1974.

  13. philll Parsons

    November 12, 2017 at 9:35 am

    As someone recently pointed out, Australians are unhappy about having a parliament traduced by a failure to follow the Constitution but will probably re-elect their local member if they are dismissed by the High Court.

    A campaign on integrity will resonate with some voters but most will return to their tribe happy that their member continues to represent that member’s interests in the reimbursement rort and as an adjunct the policies of their party.

    It may seem cynical but the behaviour of the major parties over S.44 reinforces the idea they are in it for themselves first, second and last.

    The Greens remain the only adults in the room seeking a non-partisan solution to the citizenship question.

    Tony Bourke’s argument that our members at least tried to end their dual citizenship is baseless if the High Court decides whatever each did was not enough.

    If it comes down to tit for tat then friendly relations between the old parties will be damaged, but most importantly many voters will be thoroughly turned off and will need a good dose of colours and tribal totems to reignite them.

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