The Pickering Post
Thursday, 18th January 2018

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Hmmmm, AM I RISKING A CONSTITUTIONAL CRISIS?

Larry Pickering

Four-time Walkley Award winning political commentator and Churchill Fellow, has returned to the fray over concern that the integrity of news dissemination is continually being threatened by a partisan media.

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Last Saturday night Senator Brandis was attending a local council election victory party in Brisbane, he was telling everyone who would listen that a Double Dissolution date would be announced on Monday.

Incredibly, as a result, the date of the budget needed to be changed by Brandis and Turnbull without the knowledge of, or consultation with, an embarrassed Treasurer Morrison. This alone highlights the dysfunction of the Turnbull Government. Treasurer Morrison was still unaware of the budget change on Monday morning .

It also highlights the gulf that has developed between both men.

As noted here on these pages often, a DD could only have been carried out in September of last year. The reason the tactic will not work now is that it may be Constitutionally too late!

Turnbull and Brandis may wish to read further than Section 5 because Section 57 says clearly that,

“...The Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.”

The last general election was September 7, 2013 and Turnbull’s DD election date is July 2, 2016. Barely three months!

Now, when exactly is the date of the expiration of a Government? Section 28 of the Constitution states, “Every House of Representatives shall continue for three years from the first meeting of the House,  and no longer....” If the argument is sufficient to refer it to the High Court for determination, then time will certainly become an issue.

The term, "From the first meeting" (sitting) gives the DD more time but ample opportunity is available to Senators to delay the process of passing the legislation using filibusters or applying to the High Court. As long as the Bills in question aren't ignored, there is no time limit on their passing.

There are many other ways to delay the Turnbull “masterstroke” and render it to the rubbish bin of history. This is a high risk ploy by Turnbull because time is on the Senate's side. 

Members of both Houses of Parliament will now be doing everything possible to derail Turnbull’s and Brandis’s belated thought bubble. Stand by for a Constitutional shit fight that could surpass Malcolm Fraser’s!

Will Turnbull again have to go cap in hand to the Queen’s representative? How he must hate that!



Comments

Here is ALA's reaction to the News Ltd debacle.

https://vimeo.com/159889083

By request of 206748371...This is a list of the "54" with their electorates. Since it was compiled there have been several resignations but it gives you some idea......Queensland Traitors (13) E&OE
www.abc.net.au/news/federal-election-2013 Margins

Name Electorate

BRANDIS George - Senator Qld
BROUGH Mal - Fisher Qld- 4.1%
CIOBO Steven - Moncrieff Qld – 17.5%
ENTSCH Warren - Leichhardt Qld – 4.6%
GAMBARO Teresa - Brisbane Qld – 1.1%
LAMING Andrew - Bowman Qld – 10.4%
MacFARLANE Ian - Groom Qld – 18.5%
McGRATH Jamie - Senator Qld
PRENTICE Jane - Ryan Qld – 7.2%
ROBERT Stuart - Fadden Qld - 14.2%
VAN MANEN Bert - Forde Qld – 1.6%
VASTA Ross - Bonner Qld – 2.8%
WYATT Roy - Longman Qld – 1.9%


South Australia Traitors (7) E&OE
Name Electorate

BIRMINGHAM Simon - Senator SA
EDWARDS Sean - Senator SA
PYNE Christopher - Sturt SA – 3.6%
RAMSEY Rowan - Grey SA – 11.2%
RUSHTON Anne - Senator SA
SOUTHCOTT Andrew - Boothby SA - 0.6%
WILLIAMS Matt - Hindmarsh SA – 1.9%


Tasmania Traitor (1) E&OE

COLBECK Richard - Senator Tas

West Australia Traitors (10) E&OE
Name Electorate

BISHOP Julie - Curtin WA – 16.2%
CASH Michaelia - Senator WA
IRONS Steven - Swan WA – 2.5%
JENSEN Dennis - Tangey WA – 12.3%
JOHNSTON David - Senator WA
KEENEN M - Stirling WA – 5.6%
MARINO Nola - Forest WA – 8.7%
SIMPKINS Luke - Cowan WA – 6.3%
SMITH Dean - Senator WA
WYATT Ken - Hasluck WA – 0.6%

HEFFERMAN Bill ?
NSW Traitors(16) E&OE

Name Electorate

ALEXANDER John - Bennelong NSW – 3.1%
BALDWIN Bob - Paterson NSW – 5.3%
BISHOP Bronwyn - Mackellar NSW - 15.7%
COLEMAN David - Banks NSW – 1.8%
FLETCHER Paul - Bradfield NSW - 18.2%
HENDY Peter - Eden Monaro- 0.6%
LAUNDY Craig - Reid NSW - .0.9%
LEY Sussan - Farrer NSW – 14.5%
MACDONALD Ian - Senator NSW
PAYNE Marise - Senator NSW
RUDDOCK Philip - Berowra NSW- 16.2%
SCOTT Fiona - Lindsay NSW – 3.0%
SINODINOS Arthur - Senator
TURNBULL Malcolm - Wentworth NSW- 14.9%
WICKS Lucy - Robertson NSW – 3.0%

MORRISON Scott - Cook NSW Switcharoo 12.7%


Victoria Traitors (8) E&OE

Name Electorate

FIFIELD Mitch - Senator Vic
HENDERSON Sarah - Corangamite Vic – 3.9%
O’DWYER Kelly - Higgins Vic – 5.4%
RONALDSON Michael - Senator Vic
RYAN Anne - Senator Vic
SMITH Tony - Casey Vic – 1.9%
STONE Sharman - Murray Vic = 19.6%
WOOD Jason - LaTrobe Vic – 4.0%

HUNT Greg - Flinders Vic Switcharoo 9.1%

Have posted above under new topic...hope it helps you to decide

I hear Lucy Turnpike is in the inner circle and Scomo is out. Who is running this country?

...and I hope the Black Bitchop gets it fair across the skull

Of course not TFU. But to leave treachery, the worst kind of evil unpunished, is to give up on the Australian way. It is always the conservatives left to clean up the mess, nothing has changed, we should show the way. Vote Labor.

20674837l; you can google it, but just for you I will do one up for you. when I am able.

Newman is correct as usual - was a good article.

Do you guys really want a labor government?\

RATS. Deserting a sinking ship??

turnbull has been nothing but a fckn nuisance .

Where is the list of 54 ?

MORRISON'S RESIGNATION as Treasurer would confirm the crisis.

Rising prices, equities suggest end of mining bear market near
A 2016 rally in commodity prices and mining stocks has analysts guardedly optimistic

Yes I agree Oongah. But that is a mathematical risk cutting it fine in your analogy. No risk for mine, vote Labor, kick them up the blurter

Some other time Shotgun. I hope you are not in the BK camp who says companies who do not pay tax do it legally. I know there are circumstances where companies legitimately are not liable for tax but we are talking about fake tax structures though Islands and the like which are blatantly robbing us of tax they should pay. Someone said, if All Companies paid the correct legitimate tax, this would be a better world. Usually Shotgun, the people who carry on with this tax free game have lots and lots of money and want more and more. It is never enough.

On similar lines ..... The most likely origin[citation needed] of the term goes back to the wooden decked ships of the British Royal Navy during the late 17th or early 18th century. Barefooted seamen had to stand at attention for inspection and had to line up on deck along the seams of the wooden planks, hence to "toe the line".[2] The first mention of this use in literature stems from a story about navy life widely published in 1831 and written by Captain Basil Hall RN.[3] Hall served in the Royal Navy from 1802.

Liberals with baseball bats should start a petition to get rid of Turncoat before the election.

HH I would prefer they were returned with a 1 seat majority in HOR and ALA controlling the senate. That sends a clear message.... change or your out on your arse. I don't think we, as a country, could put up with a labor government again.

Thorn and Eric, my thoughts as well.........!!!!!!