CITIZENSHIP: A Question of Understanding the Law


Questions have been raised over Section 44, which states that a person may not sit in Parliament if he/she:

(i) is under any acknowledgment 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 a citizen of a
foreign power;

However, Section 34 states:

Qualifications of members
Until the Parliament otherwise provides, the qualifications of a
member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be
an elector entitled to vote at the election of members of the
House of Representatives, or a person qualified to become
such elector, and must have been for three years at the least a
resident within the limits of the Commonwealth as existing at
the time when he is chosen;
(ii) he must be a subject of the Queen, either natural-born or for
at least five years naturalized under a law of the United
Kingdom, or of a Colony which has become or becomes a
State, or of the Commonwealth, or of a State.

This means that anyone who was born or naturalised in Britain or a British colony and who has lived in Australia as a “resident” for at least three years is qualified to sit in Parliament.

According to S.34 it appears they don’t even have to be “naturalised” Australians.

The questions that need to be resolved are:

1. Is the United Kingdom a “foreign power”? According to the Australia Act 1988 it is, but as the Act was never ratified by We the People voting in a referendum it appears to be invalid. THE CONSTITUTION CAN ONLY BE AMENDED BY WE THE PEOPLE VOTING IN THE REFERENDUM.
2. Is the naturalisation ceremony that people must undergo to because Australian citizens valid? The Constitution does not mention it. Of course, the Parliament passed an Act to mandate the ceremony that includes the person taking an Oath of Allegiance.

The Constitution states in S.42 Oath or affirmation of allegiance
Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor-General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.

The Oath reads, “I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.

But once again we have a problem, because the Australia Act severed any allegiance to the British Queen. Instead, it tried to create the “Queen of Australia”.

So, as the UK is supposed to be a “foreign power”, who is the Queen of Australia?

What a mess!

This is why CIRNow is advocating reforming the whole government system. We the People should have the right to decide how we want to be governed, and the only way we can do that is by having the power to start (initiate) referendums to amend our Constitution….Citizens Initiated Referendums (CIR).

We have a 5-Point Plan to achieve this goal. But it depends on the people of Australia understanding that ONLY WE THE PEOPLE HAVE THE POWER TO GOVERN OURSELVES.

The Political parties do not have any power under the Constitution. Only we give them power by continuing to vote for the representatives they choose.

In fact, the Constitution doesn’t even mention political parties, or who should become PM. The only official mentioned in the Constitution is the Governor General acting as a representative of the Queen. But which Queen?

If we want to stop the political parties it is up to us to stop voting for them. We need to change our ways first.

Do you see the problem now?

This is how we propose fixing the problems….

We will:

  1. Form a government to serve the will of the people and govern according to our Constitution and our laws
  2.  Amend the Constitution to give all voters the right to  Citizens Initiated Referendums (CIR)
  3.  Create a secure online voting system so that citizens can vote anywhere, any time, giving us a more flexible and stronger democracy
  4. Initiate Referendums to:
    • Leave the UN
    • Implement Service to the Nation to help protect our nation and supplement the ADF with a trained civil defence force, including a requirement for all equipment to be manufactured in Australia. This will boost manufacturing and create new jobs for all.
    • Reform the Electoral System
    • Eliminate all taxes and implement a single Bank Transfer tax
    • Select the type of immigrants we want who will benefit Australia and be loyal citizens
    • Give preference for aid to Australian citizens first
    • Renegotiate trade agreements to benefit Australia
    • Reclaim all public utilities and services that have been illegally sold to private enterprises
    • Reform the legal system to provide a Justice System
    • Initiate referendums submitted by citizens

Until Australia changes the way our government works, and makes the politicians directly accountable to We the People, we will continue to suffer the same indignities and loss of rights and freedoms. All Australian voters have the right and the power to change the system. It’s up to each one of us!

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