BARVENNON.COM
13 June 1999
AUSTRALIAN
SPIN
WEEKLY OPINION
CONSTITUTIONAL CRISIS.
The Australian Prime Minister who has been acting up
a
waltzing Matilda by calling everyone "mate" has done a Hitler. He
has done a Hitler by attempting to affect the membership of parliament
by legislation.
The facts uncovered by Senator Faulkner seem to be
as
follows.
- Parliamentarian Entsch was company secretary
and
50% shareholder
of a Cape York Concrete.
- During 1969 -1978 MP Entsch was an RAAF
aircraft
fitter..
- The RAAF awarded a contract for supply of
$A175,500
concrete
by CYC.
- The CYC contract was awarded without
competitive
tenders.
- The Australian Constitution (Section
44(v)) states that any person with any direct or indirect
pecuniary
interest in any agreement with the Public Service of the Commonwealth
otherwise
than as a member and in common with the other members of an
incorporated
company consisting of more than twenty-five persons shall be incapable
of being chosen or of sitting as a senator or a member of the House of
Representatives.
- The Prime Minister, acting under the umbrella
of
section
47 of the constitution which reads Until the Parliament otherwise
provides,
any question respecting the qualification of a senator or member of the
House or Representatives, or respecting a vacancy in either House of
the
Parliament, and any question of a disputed election to either House,
shall
be determined by the House in which the question arises has caused
the house of Representatives to determine that Mr. Entsch does not
have
any direct or indirect pecuniary interest with the public service of
the
commonwealth by reason of any contract .. and is therefore not
incapable
of sitting as a member..
So Prime Minister Johnny Hitler, acting on the
presumption
that Section 47 applies, appears to have passed legislation that
Entsch
did not have a pecuniary involvement with the commonwealth,
in
direct conflict with the facts, in what appears to be a conspiracy by
the
coalition to avoid possible application of Section 44(v) of the
Australian
Constitution to the removal of MP Entsch.
SPIN notes that the wording of Section 47 is
ambiguous.
One intent of the section would have been to provide a flexible method
for solving novel situations. The meaning that Prime Minister has
allocated contradicts an existing constitutional rule.
Why did SPIN draw a parallel with Hitler?
Well,
you see, Adolf didn't win the elections of 1933, he was a few seats
short
of a majority. He achieved his majority by ordering the police to
arrest communists, including (quite incidental I am sure) the communist
party members in the Reichstag.
Neat Huh? Hitler broke no laws, did
nothing
illegal.
But think what Johhny Hitler could do if he is had a
few
dubious seats after an election.
What is the penalty for
conspiracy
to enact legislation calculated
to circumvent the due
processes
of the Australian Constitution???
SPIN is considering of taking advantage of section
46 of the Constitution
46. Until the Parliament otherwise provides, any person declared
by this Constitution to be incapable of sitting as a senator or as a
member
of the House of Representatives shall, for every day on which he so
sits,
be liable to pay the sum of one hundred pounds to any person who sues
for
it in any court of competent jurisdiction.
Spin can not calculate whether it is worth sueing. The answers
to two important questions would settle the matter.
- Can the penalty be upgraded proportionally with Senator's
pay?
Senator's
pay was 400 pounds. We multiply by 200 to give a Senator's pay
nowadays,
($80,000) can we multiply the 100 pounds by 200 to get $20,000 penalty
per day?
- In a conspiracy all conspirators are judged on the crime
conspired
towards.
Can SPIN charge all members of the coalition $20,000 per sitting day?
It is on such small pecuniary considerations that
the fate of nations rests.
SERBIA
Despite the media hype, SPIN believes that the
Serbians
won the war.
Possibly there are a few other people in our great
democracies
who think that the news reports coming out about the Balkans are just a
bit too "pat".
We always knew that representative democracy had a
few
problems. Perhaps it is time that we the people took a more
direct
interest in the affairs of government.
INDONESIA
Last week, our banner was:
VOTE
INFORMAL
A
POLITICIAN ALWAYS WINS
From the Indonesian results we see
no reason
to recant.
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