Refer Senator Sam Dastyari to the High Court (Potential S44 Breach - non-dual citizenship)
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Senator Sam Dastyari may well be a team player, but (perhaps) it isn't for Team Australia.
This is based on the following (allegations based on what the media have said - as far as I'm aware they have not been sued for defamation by Senator Sam Dastyari, successfully or not, nor have they been 'pulled from the web' - so I am under the reasonable belief of them being true / accurate):
Senator Dastyari was being sued for over $40,000 (plus costs) for breach of contract with a marketing company. A Chinese Company stepped in paid an undisclosed figure to the marketing company to settle the matter for Sam Dastyari's personal matter. 1, 2
Senator Dastyari was nearly $2000 over his travel entitlement limit, and therefore was sent a bill to repay that excess. He sent the bill to another Chinese company who paid his personal bill. 2, 3.
Senator Sam Dastyari tipped off a donor that he was likely being phone tapped by intelligence organisations / the police (who may well be investigating bribery/blackmail/undue influence/treason/corruption type criminal offences. Although everyone ought to know of such capabilities, and it would never be publicly confirmed or denied, this may/may not have compromised an investigation. It is not the first time that Members of Parliament have potentially been compromised. For Dastyari to do so seems as though something needs to be hidden - possibly to do with Labor Party corruption (he wouldn't presumably care about non-Labor parliamentarians being caught for such crimes). 4, 5, 6, 12, 13.
Senator Sam Dastyari has had many trips (travel, accommodation, food, etc) paid for by China. He supported China's claims to the South China Sea (artificial island military bases) in direct conflict with Australia and Australia's interest - supposedly in relation to a $400,000 donation to the Labor Party 6, 7, 11.
Senator Dastyari was allegedly involved in an attempt to unduly influence the government into the granting of one of his donor's Australian Citizenship. 9, 10, 11.
Sam Dastyari appears to be a compromised individual, within a position of power that he ought not have in Australia, a position where his occupancy ultimately may harm Australia.
If it is true that Chinese companies are owned / controlled ultimately by the Chinese Government / Communist Party of China - then it can be justly stated that the Chinese government has been paying Senator Sam Dastyari - that he is in an office of profit with the Chinese Government (Chinese 'Crown').
If it is not the case that the Chinese government has any form of control / ownership of Senator Dastyari's personal bill payers, and personal donors; (or if it is), then it may be said that Senator Dastyari may be disqualified from Parliament, by way of Section 44, of the federal Constitution (notwithstanding any other potential foreign allegiances to do with dual citizenship, or being a member of the Ummah, or possible treason).
A foreign power need not be a foreign government, it may well be a supra-national community, or a foreign person (of power). Nor does it need to relate directly to citizenship.
If foreign people are paying Sam Dastyari's bills (i.e. tax free remuneration) then it may be said that he is "is under any acknowledgment of allegiance, obedience, or adherence to a foreign power".
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44
Disqualification Any person who:
(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; or
(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer;...
Possible dual citizenship could relate to Iran, Azerbejaijan, or elsewhere (maybe there is a 'right of return' in any of the many islamic state countries, as all Jewish folk have with Israel - and those married to Jewish folk - which also ought be dealt with by the High Court). As well as the Ummah more generally. This will affect many Members of Parliament (or invalid Members) - not just Dastyari.
This needs to be referred to the High Court, sitting as the Court of Disputed Returns, for determination.
As it has been greater than 40 days since the return of the writs for the last election that Senator Dastyari was elected to, and since the introduction of the Parliamentary Privileges Act 1987 (Cth) (section 8 - potentially an unconstituional / invalid section), 1987 then the only authority to refer this to the High Court is the President of the Senate - as per, inter alia, s355 of the Commonwealth Electoral Act 1918 (Cth). 14, 15.
If Senator Dastyari is disqualified from sitting in Parliament, and has been since nomination time of the previous election (even from being a Candidate), then S 15 of the Constitution, on 'casual senate vacancies' does not apply, including the reference to parliamentary members who are in a political party.
It needs to be adjudged from what point in time, if at all, that Sen. Dastyari was ineligible from Parliament and he must pay back all parliamentary pay, entitlements, and expenses from that date (including for previous electoral periods - if relevant), as ineligible to be a Senator Culleton was ordered to do.
There are many questions of law, and of fact, contained herein. It is up to others to separate out.
The President of the Senate is, hereby directed, to refer this matter to the High Court of Australia, sitting as the Court of Disputed Returns.
PARLIAMENTARY PRIVILEGES ACT 1987 No. 21, 1987 - SECT 8
Houses not to expel members
s8. A House does not have power to expel a member from membership of a House.
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