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| ABS revokes promise of no personal identifiers on marriage equality postal vote – politics live | |
| (35 minutes later) | |
| 2.39am BST | |
| 02:39 | |
| Re New Zealand’s amendments on citizenship. | |
| @gabriellechan 1) The 1977 act as stated in act only applied to births after 1978 so no relevance to Joyce his father NZ cit under 16.1(a) | |
| Updated | |
| at 2.43am BST | |
| 2.37am BST | |
| 02:37 | |
| The full Barnaby story via Murpharoo. | |
| 2.35am BST | |
| 02:35 | |
| Tony Windsor on Barnaby in the Alice: “I wouldn’t rule anything out.” | |
| Katharine Murphy | |
| The independent MP Tony Windsor, who ran against Barnaby Joyce at the last federal election, has picked up the news this morning of Joyce heading off to the high court. | |
| Windsor is on a big road trip at the moment, just outside of Alice Springs. | |
| He’s told Guardian Australia it’s too early to be making any assessments about whether he would run again in any by-election triggered by a negative high court ruling on Joyce’s citizenship. | |
| But I wouldn’t rule anything out,. | |
| Windsor says the whole s44 controversy has him scratching his head. | |
| I think this rule is absurd. I reckon Turnbull and Shorten should sit down now and try and work this out. It really is time they tidied the whole thing up. | |
| Updated | |
| at 2.35am BST | |
| 2.33am BST | |
| 02:33 | |
| Parliamentary Budget Office denies treasurer's claim it modelled Labor tax grab figures | |
| There were big headlines this morning regarding a $167bn Labor tax grab purporting to be based on modelling by the Parliamentary Budget Office. I had been trying to substantiate it but was warned the PBO did not do this modelling. | |
| Scott Morrison was out this morning, selling the message. | |
| This was the Tele story: | |
| FAMILIES and small businesses would feel the brunt of a $167 billion tax hit from a Bill Shorten Labor government, according to new modelling. | |
| Treasurer Scott Morrison seized on the figures as proof of Labor’s plan for an “unprecedented tax grab” — labelling it “the politics of envy” which would fail to lift wages. | |
| The Parliamentary Budget Office and Treasury conducted independent modelling of Labor’s tax plans, including its opposition to business tax cuts, move to scrap negative gearing and plans to increase capital gains taxes and change family trusts. | |
| Now the PBO has issued a statement, via Parliamentary Budget Officer Jenny Wilkinson. | |
| References in the media this morning to modelling being released today by the Parliamentary Budget Office (PBO) are incorrect. | |
| The analysis reported in the media this morning was not conducted by the PBO. | |
| The PBO publicly released a post election report on 5 August 2016, containing costings of all of the policies that the major parliamentary parties took to the last election. | |
| In this term of Parliament, confidential costings of policy proposals have been conducted, on request, by Parliamentarians in accordance with standard practice. | |
| Egg meet face. | |
| 2.21am BST | |
| 02:21 | |
| ABS revokes promise of no personal identifiers on postal survey | |
| Paul Karp | |
| The Australian Bureau of Statistics has quietly removed a promise that the ballot forms in the postal survey on same-sex marriage will be anonymous. | |
| As Guardian Australia reported on Thursday privacy experts say the ABS is in a bit of a catch-22 on whether or not to include personal identifiers on ballots: include them, and it’s a privacy nightmare where individuals’ views can be matched to their census data, spoiling the secret vote; exclude them and the poll is more vulnerable to fraud. | |
| On Thursday, the ABS issued a statement which said: | |
| The ABS assures Australians that there will be no personal identifiers on the survey form and all materials will be destroyed by the ABS at the end of processing. | |
| On Friday, the ABS amended the statement, which retains the assurance to destroy all material but removes the promise that there will be no personal identifiers. | |
| I’ve contacted the ABS to ask why this promise has been removed, and what information will be collected about an individual other than their Yes/No vote. Will it include a number to identify their name and address?Privacy experts have already issued warnings about including personal identifiers. Monique Mann, co-chair of the surveillance committee of the Australian Privacy Foundation, said it would be “incredibly problematic” because that would be “at odds with privacy rights necessary for a healthy democracy”.The director of privacy law practice Salinger Privacy, Anna Johnston, has said use of personal identifiers would spoil the secret vote because it can be matched to other information, including census data. | |
| It affects trust in government – if I want to have my say but I am concerned about my vote being linked to me and used against me in some way ... the more people fear that, the more likely they are to not vote at all or to change their answers to what they think the government wants to hear. Then you can’t trust the data [collected]. | |
| Updated | |
| at 2.28am BST | |
| 2.11am BST | 2.11am BST |
| 02:11 | 02:11 |
| Botswana no, what about New Zealand? | Botswana no, what about New Zealand? |
| This was a bit of a joke question to @Barnaby_Joyce just 2 weeks ago on @TheTodayShow on whether he might have any citizenship doubts... pic.twitter.com/evZodV0aDy | This was a bit of a joke question to @Barnaby_Joyce just 2 weeks ago on @TheTodayShow on whether he might have any citizenship doubts... pic.twitter.com/evZodV0aDy |
| 2.05am BST | 2.05am BST |
| 02:05 | 02:05 |
| Anne Twomey on Barnaby | Anne Twomey on Barnaby |
| I also asked constitutional law professor at Sydney University Anne Twomey about a week ago. This is her opinion, with the appropriate caveats that she is not the NZ law expert: | I also asked constitutional law professor at Sydney University Anne Twomey about a week ago. This is her opinion, with the appropriate caveats that she is not the NZ law expert: |
| The crucial question would be whether, at the time that Barnaby Joyce was born, his father was still a New Zealand citizen. If yes, then Barnaby Joyce would have obtained citizenship by descent, which would have been preserved by the 1977 act. If no, then he never obtained citizenship by descent. | The crucial question would be whether, at the time that Barnaby Joyce was born, his father was still a New Zealand citizen. If yes, then Barnaby Joyce would have obtained citizenship by descent, which would have been preserved by the 1977 act. If no, then he never obtained citizenship by descent. |
| Updated | Updated |
| at 2.10am BST | at 2.10am BST |
| 2.02am BST | 2.02am BST |
| 02:02 | 02:02 |
| George Williams on Barnaby | George Williams on Barnaby |
| As I said earlier, I have been obsessing over this issue since the Greens senators took a dive a month ago. | As I said earlier, I have been obsessing over this issue since the Greens senators took a dive a month ago. |
| I asked constitutional law professor at the University of NSW George Williams about it a couple of weeks ago and he said he was not an expert in NZ law but he made these points on 30 July: | I asked constitutional law professor at the University of NSW George Williams about it a couple of weeks ago and he said he was not an expert in NZ law but he made these points on 30 July: |
| What I can say is that a person may believe they are in the clear when they enter parliament but the law of a foreign nation can change down the track and render them a citizen, and so in breach of section 44 of the Australian constitution. It requires ongoing vigilance on the part of a member of parliament. Ignorance provides no excuse in these matters. | What I can say is that a person may believe they are in the clear when they enter parliament but the law of a foreign nation can change down the track and render them a citizen, and so in breach of section 44 of the Australian constitution. It requires ongoing vigilance on the part of a member of parliament. Ignorance provides no excuse in these matters. |
| The Larissa Waters situation is a case in point, as it appears that a change in the law was what rendered her a citizen. | The Larissa Waters situation is a case in point, as it appears that a change in the law was what rendered her a citizen. |
| It is also to be recalled that section 44 disqualifies both where a person is a citizen of a foreign power, or whether they are ‘entitled to the rights or privileges of a subject or a citizen of a foreign power’. The latter may be the case even where a person is not actually a citizen of the other country, but I should say that this is an area not yet elaborated upon by the high court. | It is also to be recalled that section 44 disqualifies both where a person is a citizen of a foreign power, or whether they are ‘entitled to the rights or privileges of a subject or a citizen of a foreign power’. The latter may be the case even where a person is not actually a citizen of the other country, but I should say that this is an area not yet elaborated upon by the high court. |
| Updated | Updated |
| at 2.11am BST | at 2.11am BST |
| 1.51am BST | 1.51am BST |
| 01:51 | 01:51 |
| Labor’s shadow infrastructure minister, Anthony Albanese, is doing a doorstop on marriage equality. | Labor’s shadow infrastructure minister, Anthony Albanese, is doing a doorstop on marriage equality. |
| Given the breaking news regarding Barnaby, he says he was born to a single parent, which is on his birth certificate. | Given the breaking news regarding Barnaby, he says he was born to a single parent, which is on his birth certificate. |
| My circumstances ... are very clear and my birth certificate is very clear as well. | My circumstances ... are very clear and my birth certificate is very clear as well. |
| Then he gives Karen Middleton’s Albo biography a plug. His story is well known, he says. Labor has very strict processes in place, he says. | Then he gives Karen Middleton’s Albo biography a plug. His story is well known, he says. Labor has very strict processes in place, he says. |
| Updated | Updated |
| at 1.59am BST | at 1.59am BST |
| 1.46am BST | 1.46am BST |
| 01:46 | 01:46 |
| Barnaby Joyce, July, re throwing stones @ Greens over citizenship "You bet your life the stone will come back & hit you" #auspol @australian | Barnaby Joyce, July, re throwing stones @ Greens over citizenship "You bet your life the stone will come back & hit you" #auspol @australian |
| 1.43am BST | 1.43am BST |
| 01:43 | 01:43 |
| Why are people so cruel? | Why are people so cruel? |
| Dear New Zealand.This may be yours.Regards,Australia #auspol pic.twitter.com/Wjiax69CeD | Dear New Zealand.This may be yours.Regards,Australia #auspol pic.twitter.com/Wjiax69CeD |
| 1.42am BST | 1.42am BST |
| 01:42 | 01:42 |
| Never tweet. pic.twitter.com/AvqiWXo5oN | Never tweet. pic.twitter.com/AvqiWXo5oN |
| 1.36am BST | 1.36am BST |
| 01:36 | 01:36 |
| Bring out your dead | Bring out your dead |
| Dear Bill, | Dear Bill, |
| Feel free to nominate any Labor members or senators who might not have done their homework. | Feel free to nominate any Labor members or senators who might not have done their homework. |
| Love Mal. | Love Mal. |
| PM's letter to Bill Shorten over citizenship issues. pic.twitter.com/ihBluZQgU3 | PM's letter to Bill Shorten over citizenship issues. pic.twitter.com/ihBluZQgU3 |
| 1.34am BST | 1.34am BST |
| 01:34 | 01:34 |
| From the NZ government website on getting NZ citizenship: | From the NZ government website on getting NZ citizenship: |
| Who can get it | Who can get it |
| If you were born overseas and at least one of your parents is a New Zealand citizen by birth or grant, you are an NZ citizen by descent. To get yourself an NZ passport, you need to register your citizenship. You can order a passport at the same time by ticking a box on the form. | If you were born overseas and at least one of your parents is a New Zealand citizen by birth or grant, you are an NZ citizen by descent. To get yourself an NZ passport, you need to register your citizenship. You can order a passport at the same time by ticking a box on the form. |
| Updated | Updated |
| at 1.43am BST | at 1.43am BST |
| 1.32am BST | 1.32am BST |
| 01:32 | 01:32 |
| Barnaby Joyce's full statement on citizenship | Barnaby Joyce's full statement on citizenship |
| Last Thursday afternoon, the New Zealand high commission contacted me to advise that on the basis of preliminary advice from the department of internal affairs which had received inquiries, considered that I could be a citizen of New Zealand by descent. | Last Thursday afternoon, the New Zealand high commission contacted me to advise that on the basis of preliminary advice from the department of internal affairs which had received inquiries, considered that I could be a citizen of New Zealand by descent. |
| Needless to say, I was shocked about this. I’ve always been an Australian citizen born in Tamworth. Neither my or my parents had any reason to believe that I may be a citizen of any other country. | Needless to say, I was shocked about this. I’ve always been an Australian citizen born in Tamworth. Neither my or my parents had any reason to believe that I may be a citizen of any other country. |
| I was born in Australia in 1967 to an Australian mother and I think I’m fifth generation. My father was born in New Zealand, came to Australia in 1947 as a British subject. In fact, we were all British subjects at this time. | I was born in Australia in 1967 to an Australian mother and I think I’m fifth generation. My father was born in New Zealand, came to Australia in 1947 as a British subject. In fact, we were all British subjects at this time. |
| The concept of New Zealand-Australian citizenship was not created until 1948. Neither my parents nor I had ever applied to register me as a New Zealand citizen. The New Zealand government has no record of registering me as a New Zealand citizen. | The concept of New Zealand-Australian citizenship was not created until 1948. Neither my parents nor I had ever applied to register me as a New Zealand citizen. The New Zealand government has no record of registering me as a New Zealand citizen. |
| The government has taken legal advice from the solicitor general. On the basis of the solicitor general’s advice, they’re of the firm view that [I] will not be found to be disqualified by the operation of section 44.1 of the constitution of serving as a member for New England. | The government has taken legal advice from the solicitor general. On the basis of the solicitor general’s advice, they’re of the firm view that [I] will not be found to be disqualified by the operation of section 44.1 of the constitution of serving as a member for New England. |
| However, to provide clarification to this very important area of the law, for this and future parliaments, I have asked the government to refer the matter in accordance with Section 376 of the Commonwealth Electoral Act to the high court sitting as the court of disputed returns. | However, to provide clarification to this very important area of the law, for this and future parliaments, I have asked the government to refer the matter in accordance with Section 376 of the Commonwealth Electoral Act to the high court sitting as the court of disputed returns. |
| Given the strength of the legal advice the government has received, the prime minister has asked that I remain deputy prime minister and continue my ministerial duties. | Given the strength of the legal advice the government has received, the prime minister has asked that I remain deputy prime minister and continue my ministerial duties. |
| Updated | Updated |
| at 1.44am BST | at 1.44am BST |