Section 46 - Penaliser of the Tricky & Incompetent

Government Fiasco - even worse than you think

Barnaby Joyce was ineligible to serve in our Parliament right from the word go. The High Court hasn't quite worked it out - so we'll give them a hand right here.

But by the way ... can you believe this Turnbull character - the genius, with the brilliant legal mind got it so wrong? On August 14  he said -

"The leader of the National Party, the deputy prime minister is qualified to sit in this house and the High Court will so hold."

BRN gives you the big picture. Joyce was first elected on 09.10.04. He served in the Senate until 07.09.13 when he was elected to the House of Representatives where he served until last Friday - 27.10.17 - when the High Court finally recognised he was not eligible to sit.

Joyce thinks he can carry on now and win his way back in. Hold your horses guys. That can only happen if the people of this country are apathetic and stupid. It's most certainly not "business as usual."

The Constitution is clear in Section 46. Anyone of us is entitled to sue Joyce for $200 for each and every day he sat in Parliament while not eligible.

According to a rough calculation Barnaby is up for around $161,200. 500 days in the Senate and 306 days in the House of Reps. [Note - these figures do not take into account days he may have missed in each of the thirteen years we are concerned with between 2004 and 2017].

Also worth noting is that in 1975 Legislation was "passed" to limit the liability a politician would face if they sat illegally. The Constitution's intent and penalties were changed ...... without a referendum of the people. Sorry Malcolm and Barnaby. The High Court really needs to look at this again.

Apart from this we also need to consider the amount of taxpayer funds Barnaby enjoyed over the 13 years he was masquerading as a representative of the people. Money made up of pay, perks, travel expenses and of course the penalty interest that would apply .... similar to how the government would treat a welfare recipient who made an illegitimate claim of taxpayer funds. It's funny - Politicians and their poor decisions help create the circumstances that see people become dependent on taxpayer funds but pollies themselves are also dependent on taxpayer funds. We really  should tighten up what we let the pollies get away with .... shouldn't we?

And just to be complete  - every decision made by an ineligible politician is subject to review. It is quite possible that Barnaby approved various international deals that were not in our interests. He probably also gave some degree of protection - as his boss has done - to financial institutions that are abusing the nation and its people. In particular he also knocked back a Royal Commission into the banking cartel.

Does this strict approach seem harsh? Oh shucks we just want the pollies subject to the law ...... just like everyone else is supposed to be.

Right now George Brandis is making noises about having a referendum to change the Constitution so that multi-national citizens can sit and represent us.

Get real!

The Constitution is protecting us. Do you think the people will be conned into allowing incompetent or tricky pollies - many of them lawyers - off the hook?

Like we said previously - throw the book at'em!

Links to the BRN Constitution series below. Plus have a look at a draft Bill Of Rights to see what your pollies are so keen to deny you.