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ABS revokes promise of no personal identifiers on marriage equality postal vote – politics live New Zealand government confirms Barnaby Joyce is a dual citizen – politics live
(35 minutes later)
5.08am BST
05:08
The first government question is on corporate tax cuts and small business. Turnbull turns it into how Bill Shorten is the most left wing Labor leader in the history of the universe. Or thereabouts.
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Turnbull on Barnaby's eligibility: very confident
Shorten to Turnbull for question time: Today the Government has asked the High Court to determine whether the deputy prime minister is constitutionally validly a member of parliament. Can the prime minister confirm the Turnbull Government is the first government in Australian history to ask the High Court whether in fact it has a majority?
Turnbull comes armed with solicitor general’s advice.
The High Court has made it very clear that the operation of Section 44 (1) is not without limits and that it must be read in light of its purpose and intent, which is to prevent conflicts of loyalty arising among people who are members and senators.
Now, if an Australian citizen, who became a incident of this country by reason of being born here, was to be ineligible to stand for Parliament because the law of a foreign country imposed foreign citizenship on them without their knowledge, due to their descent from a parent, grandparent, great-grandparent, then, plainly, millions of Australians could be disqualified from standing for parliament.
Based on advice from the Solicitor-General, the government is the very confident the court will not find that the member for New England is to be disqualified from the Parliament. Very confident. As I noted in my letter to the Leader of the Opposition today, because we want to give the court the opportunity to clarify the operation of the law in this vitally important area, which goes, obviously, to the heart of our democracy.
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NZ Internal Affairs Minister tells me the Crown Law office has confirmed Barnaby Joyce is definitely an NZ citizen @SkyNewsAust
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Internal Affairs has confirmed Australian Deputy PM Barnaby Joyce is in fact a NZ citizen.
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The Greens senator Peter Whish-Wilson will support the effects test because they support farmers and small business. He says they have campaigned for an effects test in the past.
He says the problem with Section 46 – which will be changed – is that if small business wants to challenge big business practices they have to prove intent to squash competition. Very difficult, Whish-Wilson says.
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I have been keeping a sheep’s eye on the GoFundMe page for the high court challenge to the postal survey.
It was started six days ago and has already raised more than $78,000.
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The Senate is now debating the competition and consumer amendment (misuse of market power) bill – otherwise known as the effects test. The test stops big business from abusing their market power over small business.
The changes were advocated in a review of competition policy by the economist Ian Harper and were backed by the Australian Competition and Consumer Commission (ACCC). Under the Abbott government, the cabinet was split over the issue (Turnbull was known to be opposed) and the effects test was delayed indefinitely.
But Turnbull announced the change last year. The Nationals support the change and some of the Liberals. The Business Council have opposed the changes but the small business lobby has welcomed them.
The Greens will also support the bill.
Senator Cory Bernardi, generally a free marketeer, says he supports the bill with some reservations. He said it is the plight of very small businesses that worries him.
Sometime it means trading off the short-term immediate benefits of a lower price tag, Bernardi said.
The Nats senator John Williams said the effects test is needed because big business has a capacity to squash small business. That’s why the law has to change.
David and Goliath. That’s how it is. And it’s not often that David wins, says Williams.
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kia ora barnabykia ora barnaby
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One of those days.One of those days.
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Lunchtime politicsLunchtime politics
Deputy prime minister Barnaby Joyce is facing calls for him to step down pending a high court hearing of his eligibility to sit in parliament owing to questions over his citizenship. His father was born in New Zealand and Joyce said he wants to clear up the issue so has referred himself to the high court – though his office has previously suggested that he cleared it up before entering parliament. The government will continue to take his vote in the lower house, where Malcolm Turnbull has a majority of one.Deputy prime minister Barnaby Joyce is facing calls for him to step down pending a high court hearing of his eligibility to sit in parliament owing to questions over his citizenship. His father was born in New Zealand and Joyce said he wants to clear up the issue so has referred himself to the high court – though his office has previously suggested that he cleared it up before entering parliament. The government will continue to take his vote in the lower house, where Malcolm Turnbull has a majority of one.
There will be barcodes on the postal survey forms for marriage equality, even though previously the Australian Bureau of Statistics ruled out personal identifiers.There will be barcodes on the postal survey forms for marriage equality, even though previously the Australian Bureau of Statistics ruled out personal identifiers.
The Parliamentary Budget Office has denied modelling quoted by various News Corp papers detailing a $167bn Labor tax grab was produced by the independent office.The Parliamentary Budget Office has denied modelling quoted by various News Corp papers detailing a $167bn Labor tax grab was produced by the independent office.
Kevin Rudd has said Malcolm Turnbull was irresponsible in giving the US a blank cheque on the Anzus treaty regarding any future conflict on North Korea.Kevin Rudd has said Malcolm Turnbull was irresponsible in giving the US a blank cheque on the Anzus treaty regarding any future conflict on North Korea.
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So one National Senator Matt Canavan resigns from Cabinet, says he won’t vote until High Court but Dep. PM. Joyce stays and will vote. Duh?So one National Senator Matt Canavan resigns from Cabinet, says he won’t vote until High Court but Dep. PM. Joyce stays and will vote. Duh?
3.41am BST3.41am BST
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Red herrings.Red herrings.
Barnaby Joyce told Sky two weeks ago he would leave it up to others to clarify whether or not he was a New Zealand citizen. pic.twitter.com/8OJY2rUfpWBarnaby Joyce told Sky two weeks ago he would leave it up to others to clarify whether or not he was a New Zealand citizen. pic.twitter.com/8OJY2rUfpW
3.37am BST3.37am BST
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Labor argues Turnbull government should not accept Joyce's voteLabor argues Turnbull government should not accept Joyce's vote
Labor’s Tony Burke is speaking on the reference to the court of disputed returns. It has to be referred on a resolution of the lower house.Labor’s Tony Burke is speaking on the reference to the court of disputed returns. It has to be referred on a resolution of the lower house.
Burke questions whether the government should be allowed to rely on Barnaby Joyce’s vote, given that it doesn’t know if he is an eligible member of parliament.Burke questions whether the government should be allowed to rely on Barnaby Joyce’s vote, given that it doesn’t know if he is an eligible member of parliament.
Remember the Turnbull government has only a one-seat majority.Remember the Turnbull government has only a one-seat majority.
He says the parliament has never seen such chaos, not in this parliament or the old parliament or the exhibition centre.He says the parliament has never seen such chaos, not in this parliament or the old parliament or the exhibition centre.
We have never had to go to the high court and say we’re not really sure there is a majority government in this country.We have never had to go to the high court and say we’re not really sure there is a majority government in this country.
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Labor’s Andrew Leigh is the gingerbread man.Labor’s Andrew Leigh is the gingerbread man.
We thought the Parliament House press gallery might need a little something to keep up with the news today. Hopefully these #marriageequality cookies hit the spot! #loveislove #auspolWe thought the Parliament House press gallery might need a little something to keep up with the news today. Hopefully these #marriageequality cookies hit the spot! #loveislove #auspol
A post shared by Andrew Leigh (@andrewleighmp) on Aug 13, 2017 at 7:05pm PDTA post shared by Andrew Leigh (@andrewleighmp) on Aug 13, 2017 at 7:05pm PDT
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Barcodes on marriage postal survey forms
Paul Karp
The ABS has released a statement with new details about the postal survey on same-sex marriage. The key facts are:
Despite suggestions 16- and 17-year-olds may qualify, Australians will have to be 18 or older by 24 August 2017 to have a vote
Timeline: rolls close 24 August; forms mailed out 12 September; last day to request replacement ballot 11 October; Australians “strongly encouraged” to return forms by 27 October; responses must be in by 7 November; results to be announced 15 November
There is a promise that Australians living in remote areas, overseas,in the Antarctic, government personnel on overseas deployment, and those without access to mail (which I assume includes silent electors whose addresses aren’t on the roll) can vote – but there are no details on what the special “arrangements” are in place for them are.
Earlier I posted that the ABS has revoked a promise that no personal identifiers will be used on the ballot. This statement in effect confirms there will be an identifier, in the form of a barcode.
The ABS promises that “survey responses will be anonymous”, which it says can be achieved by “keep[ing] the identity of all respondents separate from their survey responses at all times”.
The barcode on the survey form will be used for ‘mark-in’ purposes only and is a single-use, anonymous, code. No person who sees or has any access to any completed forms will know both the name of eligible Australians and the related single-use code.”
I’ll ask privacy experts what they make of that but I think the point stands: if the barcode is unique to the individual there is the potential it can be linked to your name, address (and yes/no response).
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The Oz reported Barnaby Joyce’s spokesman last month said he was not a dual citizen and had establis­hed that “many years prior to entering parliament”.
But Joyce did not go back there today in his statement. There was no mention of what efforts were made to establish citizenship “many years prior to entering parliament”. (He came to the Senate in 2005.)
It sounds as though it might have been along the lines of, “Hey, Dad …
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There has been private member’s bill from the SA MP Amanda Rishworth in private members’ biz this morning. I missed this but Burke reports:
Damian Drum Nat MP for Murray just seconded a Labor motion criticising Barnaby Joyce over Murray Darling. #auspol
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03:03
Parliamentary Budget Office part 2
Further to the kerfuffle between the Parliamentary Budget Office, News and the treasurer’s office.
The PBO said the Labor tax grab story was not based on their modelling.
We now have a transcript from an interview between Sky’s Kieran Gilbert and the treasurer:
Gilbert: First of all the big story in the News Corp papers, the Herald Sun, the Tele and the Courier Mail relate to this Parliamentary Budget Office modelling of Labor’s tax plans. Can you talk us through it? Is this from the PBO?
Morrison:
It extends the Parliamentary Budget Office costings out just one extra year and at the last election we told the Australian people that Labor would have a $100bn extra slug on families, on small businesses right across the economy. Well, updating that now it is over $150bn when you include the small business family trust taxes, and their new superannuation taxes, you add to that their taxes on investment, their taxes on housing, lifting the top marginal tax rate. This is a six-shooter tax slug. There is a tax winter coming under Bill Shorten if he ever becomes prime minister.
Gilbert: This is using the previous PBO modelling?
Morrison:
That’s right.
Gilbert: And then extrapolating that out a further year?
Morrison:
And of course there will be further work done on these things but the point is that Labor wants to completely take the speed limits off tax in our economy ...
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In the lower house, Labor is speaking on the citizenship legislation.
In the Senate, the attorney general, George Brandis, is speaking on the telecommunications regulations bill.
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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)
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The full Barnaby story via Murpharoo.
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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 byelection 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.
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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 $167bn 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.
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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 that 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 the 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].
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