I charge Prime Minister Malcolm Turnbull, under Section 329 of the Commonwealth Electoral Act 1918; of making fraudulent, deceptive and misleading representations on a “Grand Scale” to the voters of Australia.
The Prime Minister is, betting that the electors don’t question where this largesse is coming from; how and when, but hoping they only hear the bribe numbers. The rude truth is he doesn’t have it until he wins control of the Senate, and rewrites the CEFC Act 2012, in order to change its Investment Mandate so he can make good his bet. If he already had the power he would actually, have dispersed the funds he is “dollar whistling” about now.
The rude truth is he doesn’t have any access to those funds until he wins control of the Senate and rewrites the CEFC Act 2012, in order to change its investment mandate so he can make good his bet. If he already had the power, he would actually have dispersed the funds he is “dollar whistling” about now.
s 329 Misleading or deceptive publications etc.
(1) A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote.
(4) A person who contravenes subsection (1) commits an offence punishable on conviction:
(a) if the offender is a natural person—by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or
(b) if the offender is a body corporate—by a fine not exceeding $5,000.
(5) In a prosecution of a person for an offence against subsection (4) by virtue of a contravention of subsection (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead an elector in relation to the casting of a vote.
Note: A defendant bears a legal burden in relation to the defence in subsection (5) (see section 13.4 of the Criminal Code).
(5A) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4).
(6) In this section, publish includes publish by radio, television, internet or telephone.
Our Prime Minister has turned out to be one big time gambler with our future. Malcolm Turnbull claims he has taken $1billion from the CEFC’s $10 billion funds that the Julia Gillard Labor Government created to fund his new Clean Energy Innovation Fund (CEIF), by intending to have the ARENA and the CEFC act jointly as administrators of the CEIF. A further $1 billion has been ‘drawn ‘ from his “Green Bank ” to clean up the Barrier Reef, a $100 mill set aside to prevent the closure of the Steel works in Whyalla, SA and now, a “Better Cities” Program will receive $1billion out of the CEFC fund. In addition, Northern Tasmanian electorates have been pledged $150million for the UTAS Launceston Campus. Finally, just to prove he has not run short of funds he has pledged to provide $1.5 billion for a second Bass Strait cable to pump hydro power to the mainland and brown coal power to Tasmania.
The “Green Bank” promises are up to $5.6 Billion and still counting.
There will be one huge Class Action at the end of this criminal enterprise my dear, fellow bamboozled Australians. His pledge described in the mainstream media as‚ a Pea and Thimble trick – the shifting of committed money from funds out of the so-called “Bob Brown’s Bank”, (the CEFC) – into the CEIF, benefits further the fossil fuel industry which already enjoys generous $20 billion subsidies, at the same time sapping the financial flow of dollars to the climate- fighting industries. Seems like, the PM has been converted over to introducing a stimulus to the economy, with phantom funds, Magic.
What does the Law say about this? The Law calls it Misfeasance.
Section 49(2) (a) of The Crimes and Misconduct Act 2001 says that directing misapplication of monies is an offence of fraud. There is evidence of misleading and deceptive behavior by Ministers of the Crown, including the Prime Minister, under Section 49 (2) (a) of the Crimes and Misconduct Act 2001.
The CEFC Act 2012 imposes unbreakable limits on the Minister’s mandate.
Section 65: The responsible Ministers must NOT give a direction under subsection 64(1): (a) that has the purpose, or has or is likely to have the effect, of directly or indirectly requiring the Board to, or not to, make a particular investment; or (b) that is inconsistent with this Act (including the object of this Act).
On the 5th of May 2016, four days before both houses of Parliament were dissolved, and while the Senate was settling how the method of voting for the Senate would be changed, Ministers Hunt and Cormann were somewhere else in the building, writing directions to the Board of the CEFC that virtually demanded that the CEFC should not fund new land-base wind farm and re-wrote the investment mandate and section 64 of the Act to allow “any other directions” given by responsible Ministers under sub section 64(1) of the Act. They stated that statutory pre-conditions had been met in relation to the 2016 Mandate. The responsible Ministers considered the objectives of the CEFC Act, and any other matters they considered relevant, in preparing the 2016 Mandate and found that the May 5th 2016 Mandate is consistent with the CEFC Act, and does not directly or indirectly require the Board to make(or not to make) a particular investment.
Are these reassurances about statutory pre-conditions being met by the changes to the Act from Ministers Kormann and Hunt an acknowledgement that they are aware that the earlier Joe Hockey intervention was unlawful and (a stuff up), and against the Corporations Act.
Senator Cormann and Minister for the Environment Hunt have also declared, after serious consideration of course, that anything they decided was within the spirit of the Act. They found themselves not guilty of breaching any of the Mandate of Section 65 of the CEFC Act.
In other words, the Ministers have changed an Act of Parliament usurping the power of the Senate.
Before the Writs for the dissolution of Parliament were issued, they had plotted how they would fund a $multi billion give-away election fund from “Bob Brown’s Bank”.
Both Ministers have been advised that their ‘chutzpah’ will not pass the scrutiny of the High Court of Australia.
The subsequent announcements and public promises have implied that the Executive of the Government was legitimately able to declare it could pump $1billion into the Great Barrier Reef, set aside a $100 mill to prevent the closure of the Steel works in Whyalla, SA, and give a $1billion out of the CEFC fund to the “Better Cities” Program. In addition, Northern Tasmanian electorates have been pledged $150million for the UTAS Launceston Campus. Finally, just to prove he has not run short of funds he has pledged to provide $1.5 billion for a second Bass Strait cable to pump hydro power to the mainland and brown coal power to Tasmania. The “Green Bank” promises are up to $5.6 Billion and still counting.
They claim they have legitimately changed the Act. But, without Parliament’s authority that it not possible. The last Parliament declined for three years to pass the amendments to the CEFC that the LNP wanted.
My question regarding Misfeasance is: Knowing all this, how can the Prime Minister continue to use the Clean Energy Finance Corporation’s funds as a Slush Fund for his election campaign when his “access” to these Funds is the product of Misfeasance? Is the Prime Minister an accessory in this crime?
The LNP is lying about their ability to direct the CEFC and its funds without the authority of the Parliament.
*John Ward is Managing Director of Workplace Transformations Pty Ltd. His Work Background: Wool Classer; Australian Army Medical Corps; Civil Defence (SES) Darwin, Northern Territory. Middle Manager Oil Refining for Royal Dutch Shell (Granville refinery). Union Secretary Association of Foremen and Supervisors; Industrial Relations and court appearances: Member of the Conciliation Committee of the NSW Chemical, Oil, Brewing, Soap and Detergent and the Metalliferous Mining industries. NSW Public Service, Research in Employment Development and Training. Establishing Employment and Industry Development Schemes in NSW. I have extensive experience in project management, administrative services and team building. I have held the position of Deputy Director, Industry and Regional Policy Branch of the NSW Department of Industrial Relations and Employment. Served as Secretary of the Employment Advisory Council (EAC) NSW Ministry of Employment. I also have wide experience in workplace training & workplace reform and industrial relations in the oil, food, sugar, iron and steel, mining, power, manufacturing, chemical and construction industries.