20241127-Mr G. H. Schorel-Hlavka O.W.B. To Senator The Hon Sue Lines, President of The Senate
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Gerrit Hendrik Schorel-Hlavka20241127-Mr G. H. Schorel-Hlavka O.W.B. To Senator The Hon Sue Lines, President of The Senate
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Gerrit Hendrik Schorel-HlavkaPage 1
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3 Senator Sue Lines, President of the Senate 27-11-2024
4 [email protected]
5
6 Cc: Attorney-General Mark Dreyfus Email [email protected],
7 Senator Pauline Hanson Email: [email protected]
8
9 Re: 20241127-Mr G. H. Schorel-Hlavka O.W.B. to Senator the Hon Sue Lines,
10 President of the Senate
11 NOT RESTRICTED FOR PUBLICATION
12 Madam,
13 I understand that there is an issue before the Senate as to the qualification of Senator
14 Fatima Payman due to alleged double nationality, Australian & Afghanistan.
15 I understand that Senator Fatima Payman is a Barrister and I view as such should be well
16 aware of legal requirements.
17 It is my understanding that it is alleged that due to certain problems within Afghanistan Senator
18 Fatima Payman may have been unable to dispose of her Afghanistan nationality.
19
20 Commonwealth of Australian Constitution Act 1900 (UK)
21
22 44 Disqualification
23 Any person who:
24 (i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power,
25 or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a
26 foreign power; or
27 (ii) is attainted of treason, or has been convicted and is under sentence, or subject to be
28 sentenced, for any offence punishable under the law of the Commonwealth or of a State by
29 imprisonment for one year or longer; or
30 (iii) is an undischarged bankrupt or insolvent; or
31 (iv) holds any office of profit under the Crown, or any pension
32 payable during the pleasure of the Crown out of any of the revenues of the
33 Commonwealth; or
34 (v) has any direct or indirect pecuniary interest in any agreement with the Public Service of
35 the Commonwealth otherwise than as a member and in common with the other members of
36 an incorporated company consisting of more than twenty-five persons;
37 shall be incapable of being chosen or of sitting as a senator or a member of the House of
38 Representatives.
39 But subsection (iv) does not apply to the office of any of the Queen’s Ministers of State for
40 the Commonwealth, or of any of the Queen’s Ministers for a State, or to the receipt of pay,
41 half pay, or a pension, by any person as an officer or member of the Queen’s navy or army,
42 or to the receipt of pay as an officer or member of the naval or military forces of the
43 Commonwealth by any person whose services are not wholly employed by the
44 Commonwealth.
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1
2 45 Vacancy on happening of disqualification
3 If a senator or member of the House of Representatives:
4 (i) becomes subject to any of the disabilities mentioned in the last preceding section; or
5 (ii) takes the benefit, whether by assignment, composition, or otherwise, of any law
6 relating to bankrupt or insolvent debtors; or
7 (iii) directly or indirectly takes or agrees to take any fee or honorarium for services
8 rendered to the Commonwealth, or for services rendered in the Parliament to any person or
9 State;
10 his place shall thereupon become vacant.
11
12 As it appears that Senator Fatima Payman holds dual nationality being that of Australia and
13 Afghanistan then by section 45 of the constitution she AUTOMATICALLY has no longer a
14 seat in the Senate!
15
16 HANSARD 15-4-1897 Constitution Convention Debates
17 QUOTE
18 III. Who is attainted of treason, or convicted of felony or of any infamous crime:
19 shall be incapable of being chosen or of sitting as a member of the Senate or of the House
20 of Representatives until the disability is removed by a grant of a discharge, or the
21 expiration or remission of the sentence, or a pardon, or release, or otherwise.
22 Mr. GORDON: I should like to ask Mr. Barton whether there is anything in this
23 point: A number of German fellow colonists may have taken the oath of allegiance to
24 a foreign power, especially those who have served in the ranks in Germany. Would it
25 not be necessary to add after "power" in line 27 the words "or who has not since been
26 naturalised as provided in clause 30"?
27 Mr. GLYNN: You cannot have two, allegiances.
28 Mr. BARTON: No; a man might have to go out of our Parliament to serve against
29 us.
30 END QUOTE
31
32 Regardless if the High Court of Australia did or did not provide any judgment, it should be
33 remembered:
34
35 HANSARD 17-3-1898 Constitution Convention Debates
36 QUOTE
37 Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed
38 as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for
39 no citizen is above it, but under it; but it is appointed for the purpose of saying that
40 those who are the instruments of the Constitution-the Government and the
41 Parliament of the day-shall not become the masters of those whom, as to the
42 Constitution, they are bound to serve. What I mean is this: That if you, after making
43 a Constitution of this kind, enable any Government or any Parliament to twist or
44 infringe its provisions, then by slow degrees you may have that Constitution-if not
45 altered in terms-so whittled away in operation that the guarantees of freedom which
46 it gives your people will not be maintained; and so, in the highest sense, the court you
47 are creating here, which is to be the final interpreter of that Constitution, will be such a
48 tribunal as will preserve the popular liberty in all these regards, and will prevent,
49 under any pretext of constitutional action, the Commonwealth from dominating the
50 states, or the states from usurping the sphere of the Commonwealth.
51 END QUOTE
52
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1 Meaning that the issue if a person did or didn’t make any attempt and/or successful attempt to
2 dispose of dual nationality, in the end the High Court of Australia cannot overrule the
3 constitution! Hence, the criteria is not if Senator Fatima Payman did make attempt or attempts
4 to relinquish her Afghan nationality, but that she is allegedly currently the holder of dual
5 nationality and as such Section 45 applies!
6
7 The Senate itself cannot circumvent constitutional legal principles and as such Senator Fatima
8 Paymanin the circumstances is not holding any seat in the Senate and should not be permitted to
9 sit in the Senate and neither participate in any manner as if she is a Senator.
10
11 As a President of the Senate you have authority to deal with Senate procedures, however, the
12 Senate is not empowered to override the Constitution and as you are employed as the President
13 of the Senate your laid up duties and obligations are to ensure that you comply with the legal
14 principles embedded in the constitution.
15
16 I understand that Senator Pauline Hanson some time ago alerted Mr Anthony Albanese about her
17 concerns regarding Senator Fatima Payman and as such it was the duty of Mr Anthony
18 Albanese to have taken immediate action to prevent Senator Fatima Payman to sit in the
19 Senate as his duties and obligations are to act in accordance with the legal principles embedded
20 in the constitution.
21
22 HANSARD 16-3-1898 Constitution Convention Debates
23 QUOTE
24 Mr. BARTON (New South Wales).-No, there would be no prohibition in that respect.
25 The offices of Speaker and Chairman of Committees are not offices of profit under
26 the Crown. They are parliamentary offices, and Parliament has always retained a power
27 over its own Estimates to the extent that really the Speaker and President of the local
28 Chambers have always exercised a right to submit their own Estimates, and those
29 Estimates, as a rule, as far as I know in practice in my own colony, are altogether
30 untouched by the Government of the day. Now, these are political offices, but not offices
31 of profit under the Crown.
32 END QUOTE
33
34 It in my view is totally irrelevant if Senator Fatima Payman did or didn’t make any attempts to
35 dispose of her Afghanis nationality rather what is relevant is that she cannot hold dual
36 nationality. Australians are required to obey the rule of law and yet it appears that you and Mr
37 Anthony Albanese have disregarded the basic legal principles enshrined in the constitution for
38 political purposes, as it appears to me. It should be understood that the speaker, the President and
39 any Minister must be non-political as they must serve the interest of ALL Australians regardless
40 of any political association they may hold.
41
42 This document is not intended and neither must be perceived to address all relevant issues
43 and neither are issues referred to in any order of importance.
44
45 We need to return to the organics and legal principles embed in of our federal constitution!
46
47 This correspondence is not intended and neither must be perceived to state all issues/details.
48 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)
49 MAY JUSTICE ALWAYS PREVAIL®
50 (Our name is our motto!)
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