The citizenship debate
Why is the constitution being used? Surely we should be looking at the Nationality and Citizenship Act 1948?
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FACT: up to 2002 if you were an Australian citizen you could not have dual nationality/citizenship.
1948: Nationality and Citizenship Act 1948 created the concept of Australian citizenship, and came into force on 26 January 1949. Australian citizens continued to also be British subjects.
Therefore, a person born in Australia between 26 January, 1949, and 19 August, 1986, automatically acquired Australian citizenship (no matter where their parents were born). Until 21 November 1984, such a person had the status of Australian citizen and British subject, but after that date the status of "British subject" ceased to exist in Australia.
Barnaby Joyce was born in 1967 and was therefore deemed to be an Australian Citizen (and British Subject up to 1984).
1984: The Australian Citizenship (Amendment) Act 1984 became effective on 22 November, 1984, and made significant changes, including that Australian law would no longer regard Australians as "British subjects". British subjects in Australia who were not Australian citizens became permanent residents. Note: Australian passports are only to be issued to Australian citizens.
So here again we see an important point in that only Australian citizens could hold an Australian passport, and you could not hold dual nationality. If you tried to hold dual nationality/citizenship you lost your Australian Citizenship. If Barnaby held a passport before 2002 he had to be an Australian-only citizen.
2002: from 4 April, 2002, Australians becoming citizens of other countries by a voluntary act no longer lose Australian citizenship.
But, before this date if you held an Australian Passport, you were deemed to be an Australian citizen, and by definition, could not be a citizen of any other country.
From 2002, we have a major step in that you could now hold dual citizenship/nationality. But look at the wording – it had to be “a voluntary act” plus the Australian citizen had to apply for that dual citizenship no matter where he/she was born as long as the above requirements had been filled.
I would argue that, if a country, by its own laws and traditions, suddenly states that you are now a citizen of that country – that is not a “voluntary act” of application of “foreign” citizenship by any Australian Citizen.
Australian citizens enjoy the following rights (subject to certain exceptions): entitlement to stand for public office (but dual citizens cannot stand for the Federal Parliament unless they have taken all reasonable steps to renounce their foreign citizenship, although they are allowed to stand for State parliaments).
But anyone born in Australia prior to 2002 and possessing an Australian passport, (the definition of an Australian Citizen), and who hadn’t applied voluntarily for citizenship of another country after 2002, is allowed to stand for Federal Parliament by virtue of the above Acts. You cannot renounce something that you didn’t have before 2002.
The Bottom Line: before 2002 you could not hold foreign citizenship without losing your Australian Citizenship and an Australian Passport. Hence, if you were an Australian Citizen prior to 2002 – you had no foreign citizenship to renounce. So what did Bill Shorten and Malcolm Turnbull actually renounce?
Peter Hayes,
Tamworth
Windsor to run or not to run
I can't see the reason for the taxpayers being required to fund Mr Windsor's legal fight, once again, with the Deputy PM, especially as he 'retired' after his last attempt to get elected, which was also after he 'retired' due to some medical issue the first time after the Labor government was removed in 2013.
How many times does someone retire?
If Mr Windsor is lucky enough to have another go against Mr Joyce, those who might vote for him need to take note of who it has been publicly announced will be supporting his campaign, none other than Australia's most militant union, the CFMEU, who are renowned for their utterly un-Australian methods and who would be pushed along by Labor so how 'independent' would Mr Windsor be, about as independent as he was under the Gillard government, I would suggest.
Mr Windsor's well known hatred of the Coalition is what's driving his ambition which I would think would be a disincentive to give him a vote.
P Edwards
Safety Bay, WA
Carpark warning
Tamworth council, which is responsible for our airport, wasn't so responsible recently. I had to fly to Sydney, went to the long-term car park, took a ticket from the machine and parked. Two days later I returned, got into my car, drove to the automatic pay station at the exit point, reached out to use the credit card slot only to find a sign covering it, saying that it wasn't working and to go to another exit point. Trouble was that I had a car behind me so I had to get out and explain the situation. That car backed up and after navigating past it I went to the other pay-point and thankfully managed to exit. The thing is, why wasn't there a sign set-up at the pedestrian entrance to the carpark? 'The whole situation was stupid and potentially dangerous as people in cars could pile up in the queue and then try to reverse into cars behind them or parked nearby. Council's city parking officers are quick to slap tickets on windscreens, I reckon council deserve a slap on their collective backsides.'
David Foster,
Tamworth