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THE REMEDIES (draft)
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What does one do when a Commonwealth Minister
of the Crown lies and intentionally sets out to deceive Australians
and his Wentworth NSW electorate and as such becomes reportable
for corrupt conduct pursuant to section
8 of the NSW INDEPENDENT COMMISSION AGAINST CORRUPTION ACT (ICAC
Act) (see (2)(a) official misconduct (including breach of trust,
fraud in office, nonfeasance, misfeasance, malfeasance,
oppression, extortion or imposition)), as caught by section 3AA
of the COMMONWEALTH CRIMES ACT.
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Want to assist in stopping the Tasmanian
Pulp Mill ?
Want to punish Malcolm Turnbull for approving it ?
Want to assist in seeing him NOT re-elected ?
Read how he has lied and is defrauding his electorate in Wentworth
at: www.Sydney-Law.com
THEN make your complaint to ICAC at the
pre-prepared complaint form
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REMEDY VIA THE COMMONWEALTH CRIMINAL CODE
ACT 1995 ?
LINK
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Section 142.2 Abuse of public
office
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(1)
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A Commonwealth public official is guilty of an
offence if: |
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(a)
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the official:
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(i)
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exercises any influence that the official has
in the officials capacity as a Commonwealth public official;
or |
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(ii)
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engages in any conduct in the exercise of the
officials duties as a Commonwealth public official; or |
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(iii)
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uses any information that the official has obtained
in the officials capacity as a Commonwealth public official;
and |
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(b)
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the official does so with the intention
of:
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(i)
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dishonestly obtaining a benefit for himself or
herself or for another person; or |
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(ii)
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dishonestly causing a detriment to another person. |
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Penalty: Imprisonment for 5
years. |
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A benefit would be, in being re-elected.
A detriment would be to other candidates in the election. |
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REMEDY VIA THE ELECTORAL ACT ?
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COMMONWEALTH ELECTORAL ACT 1918
- SECT 329 - LINK
Misleading or deceptive publications etc.
(1) A person shall not, during the relevant period in relation to
an election under this Act, print, publish or distribute, or cause,
permit or authorize to be printed, published or distributed, any matter
or thing that is likely to mislead or deceive an elector in relation
to the casting of a vote. |
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THE ELECTORAL ACT IS OF NO USE. The High Court
in Evans
v Crichton-Browne [1981] HCA 14; (1981) 147 CLR 169 (18
March 1981) (which was a decision regarding an identical
provision in another act), has narowly defined that the provision
only applies to "casting of a vote" or how
to mark the ballot paper and not to the formation of the judgment
as to what to put on the ballot paper.
........"The phrase "cast a vote" has a well
defined meaning - "to deposit (a voting paper or ticket);
to give (a vote)" (Oxford English Dictionary); "to
deposit (a ballot) formally or officially; give a vote"
(Websters International Dictionary). It does not include "to
decide for whom to vote"." |
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HOW ABOUT THIS ?
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In an Federal Court Appeal against the process used
by Environment Minister Turnbull to assess the Tamar Pulp Mill project
( ORIGINAL
DECISION), the Wilderness Society apparently is to claim that
the judge erred in finding that Turnbull was prohibited from taking
into account the Pulp Mill's adverse impacts in relation to the
intensification of logging. An argument in that appeal could include,
that if Turnbull continues to assert that prohibition, why does
he find it necessary to lie about the intensification of logging.
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Well, that's for the Wilderness Society to consider. |
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COMING
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A full analysis of what
legislation and common law can be relied upon to remedy the conduct
of a politician that actively calculates to deceive the electorate.
THE MALCOLM TURNBULL ARCHIVE &
LITIGATION GUIDE
MALCOLM-TURNBULL.com
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