Australian Politics Forum - Ed Husic - unconstitutional act ?

BigOl64

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Re: Ed Husic - unconstitutional act ?
Reply #60 - Jul 2^nd, 2013 at 4:20pm

Alinta wrote on Jul 2^nd, 2013 at 3:30pm:

1.Commonwealth of Australia Constitution Act 1900

Section 42
Oath of Affirmation or 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.

2. Schedule......Gregg has already posted the link that states the wording

3. Then read the link I've already posted
http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_L...

Voila!!!!

Not that I don't trust you people, but I don't trust you people and if you have evidence that nullifies mine, I do like to give it a look over myself.

So I thank you for posting the correction.

Addendum: even though it is more policy than legislation; which is why they tend to do what ever the frig they want.

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« Last Edit: Jul 2^nd, 2013 at 4:41pm by BigOl64 »

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Aussie

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Re: Ed Husic - unconstitutional act ?
Reply #61 - Jul 2^nd, 2013 at 4:22pm

adelcrow wrote on Jul 2^nd, 2013 at 4:19pm:

Really...who cares what a bunch of bible bashers think. A person could swear on "Andy Pandy Goes Troppo" and it would have as much meaning as the bible.

For all practical purposes, you are right, but the OP thought otherwise. Dumb. Not sure what the outcome they reckoned would be. At worst, he gets re-annointed as a Minister.

Lots of bruhaha over SFA.

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Aussie Gold Member Offline OzPolitic Posts: 38821 Gender:	Re: Ed Husic - unconstitutional act ? Reply #62 - Jul 2^nd, 2013 at 4:23pm Bump one.
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greggerypeccary

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Re: Ed Husic - unconstitutional act ?
Reply #63 - Jul 2^nd, 2013 at 4:32pm

BigOl64 wrote on Jul 2^nd, 2013 at 4:11pm:

greggerypeccary wrote on Jul 2^nd, 2013 at 3:28pm:

I posted it twice already.

Do you have multiple log ons, cause Im pretty sure I was talking to Alinta

And without a condescending gif I find myself ignoring your words.

Yes, I know you weren't talking to me.

However, I was trying to help you (and Alinta) out by letting you know that I had already posted the link, thus there was no need for Alinta to post it again.

The information you were relying on was irrelevant: it is not from a Commonwealth Act.

This is what's relevant:

"COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SCHEDULE

"OATH

"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.
SO HELP ME GOD!

"AFFIRMATION

"I, A.B. , do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.

"(NOTE: The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time. )"

http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/sch1.html

Not an unconstitutional act.

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bambu Gold Member Offline Australian Politics Posts: 1084 Gender:	Re: Ed Husic - unconstitutional act ? Reply #64 - Jul 2^nd, 2013 at 4:34pm The first one...the start. There will likely be many more. Then....well you know what.
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rabbitoh07

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Re: Ed Husic - unconstitutional act ?
Reply #65 - Jul 2^nd, 2013 at 6:05pm

BigOl64 wrote on Jul 2^nd, 2013 at 2:51pm:

rabbitoh07 wrote on Jul 2^nd, 2013 at 2:27pm:

No - The ACT oaths and affirmations Act is NOT pretty adamant it is a bible to used and nothing else.

You are misrepresenting it by selectively quoting from it. If you bothered to read further to Section 21:

Alternative form and manner for oath
Subject to sections 6A and 15 but notwithstanding any other provision of this Act, where a person who is required or permitted to take an oath states, in the presence of the person before whom the oath is to be taken, that an oath taken in a form and manner other than the form and manner specified in this Act would be binding on him or her, the oath may be taken in that form and manner.

http://www.legislation.act.gov.au/a/1984-79/current/pdf/1984-79.pdf

And how does 6A oaths and affirmations of ACT legislative members and Section 15 oaths and affirmations of incompetent persons apply in the case of this particular situation.

BTW I did read section 21, just couldn't figure out how it applied, but im sure you will tell me.

Or didn't your read sections 6A and 15?

Oh dear.

Let me try to explain this for you as simply as I can.

Section 6A says that a person must take an oath or affirmation of Office. THe oath or affirmation must be in the form specified in schedule 1 of the Act

Section 17 describes how the the oath is to be taken and, part 1 of section 17 states the oath is to be taken while holding either the Bible, the Old Testament or the New Testament.

Section 21 - subject to sections 6A and 17 - goes onto state that the oath may also be taken in an alternative manner to that prescribed in section 17 - AND THAT OATH IS BINDING.

where a person who is required or permitted to take an oath states, in the presence of the person before whom the oath is to be taken, that an oath taken in a form and manner other than the form and manner specified in this Act would be binding on him or her, the oath may be taken in that form and manner

It isn't rocket science

You were wrong when you wrote that "The ACT oaths and affirmations Act is pretty adamant it is a bible to used and nothing else."

You were 100% wrong.

The ACT Act SPECIFICALLY states in section 21 that an oath may be taken in an ALTNERTATIVE manner and form other than that specified elsewhere in the Act.

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red baron Gold Member Offline Australian Politics Posts: 10204 Blue Mountains Gender:	Re: Ed Husic - unconstitutional act ? Reply #66 - Jul 2^nd, 2013 at 6:12pm Thus it begins.
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sir prince duke alevine Gold Member Offline Australian Politics Posts: 23619 Gender:	Re: Ed Husic - unconstitutional act ? Reply #67 - Jul 2^nd, 2013 at 6:18pm red baron wrote on Jul 2^nd, 2013 at 6:12pm: Thus it begins. And no one is thinking of the children.
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Neferti Gold Member Offline Posts: 7965 Canberra Gender:	Re: Ed Husic - unconstitutional act ? Reply #68 - Jul 2^nd, 2013 at 6:30pm Who cares? Ed Husic is an Aussie. He was born here. His migrant parents are probably so very proud, So they should be. He probably should have joined the Liberals but .....
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greggerypeccary Gold Member Offline Australian Politics Posts: 138740 Gender:	Re: Ed Husic - unconstitutional act ? Reply #69 - Jul 2^nd, 2013 at 6:46pm Neferti wrote on Jul 2^nd, 2013 at 6:30pm: Who cares? So far, narrow-minded bigots harbouring irrational fear.
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adelcrow Gold Member Offline Australian Politics Posts: 20133 everywhere Gender:	Re: Ed Husic - unconstitutional act ? Reply #70 - Jul 2^nd, 2013 at 6:52pm Hockey is a Lebbo/Aussie but I dont see the Neo Cons having a problem with his Arab Terrorist heritage
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Alinta Gold Member Offline Australian Politics Posts: 1470 Melbourne Gender:	Re: Ed Husic - unconstitutional act ? Reply #71 - Jul 2^nd, 2013 at 7:03pm I do not recall any big media issue made at the time Husic was sworn in on the Koran back in 2010.... ANYONE??????
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adelcrow Gold Member Offline Australian Politics Posts: 20133 everywhere Gender:	Re: Ed Husic - unconstitutional act ? Reply #72 - Jul 2^nd, 2013 at 7:07pm Alinta wrote on Jul 2^nd, 2013 at 7:03pm: I do not recall any big media issue made at the time Husic was sworn in on the Koran back in 2010.... ANYONE?????? The Libs are suddenly a tad more desperate
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greggerypeccary Gold Member Offline Australian Politics Posts: 138740 Gender:	Re: Ed Husic - unconstitutional act ? Reply #73 - Jul 2^nd, 2013 at 7:09pm adelcrow wrote on Jul 2^nd, 2013 at 7:07pm: Alinta wrote on Jul 2^nd, 2013 at 7:03pm: I do not recall any big media issue made at the time Husic was sworn in on the Koran back in 2010.... ANYONE?????? The Libs are suddenly a tad more desperate Bingo!
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Alinta

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Re: Ed Husic - unconstitutional act ?
Reply #74 - Jul 2^nd, 2013 at 7:16pm

greggerypeccary wrote on Jul 2^nd, 2013 at 7:09pm:

adelcrow wrote on Jul 2^nd, 2013 at 7:07pm:

Alinta wrote on Jul 2^nd, 2013 at 7:03pm:

I do not recall any big media issue made at the time Husic was sworn in on the Koran back in 2010....

ANYONE??????

The Libs are suddenly a tad more desperate

Bingo!

If yes.....counterproductive (imo) to make an issue out of a non issue...BAD BAD strategy

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