In a statement of 24th April, 2019, the Australian Electoral Commission (AEC) questioned my eligibility to run as a candidate in the upcoming federal election, raising a High Court
disqualification that claimed I was an undischarged bankrupt.
The truth of the matter lies in the procedural law of the Commonwealth and in its discharge.
As a Senator (in exile), I have a sworn public duty (according to law) and am required to be conversant and aware of grounds of s 44 Constitution and the mandatory provision of s 47 Constitution which states the following:-
“Until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House of the Parliament, shall be determined by the House in which the question arises”.
The law has provided for such a procedure by way of s22 of the Constitution, which provides for a meeting of the relevant House, i.e., in this case the Senate, after considering all the facts, to invoke a referral by resolution to enliven part XXII (Div 2) s 376
Commonwealth Electoral Act 1918.
Instead, on 7th November 2016, facts of procedural requirements were withheld from the Senate by my former colleagues, including Senator Hanson. The required quorum of 19 senators was not present when the motion, referring me, Senator Rodney Culleton, to a
public court, was purportedly passed.
Accordingly, it may be a strong inference that no
motion of the Senate or any valid referral was made to any public court which resulted in an abuse of my Parliamentary privileges s49 Constitution.
Upon legal advice from a number of QCs, in relation to these Constitutional breaches, all matters were recalled back to the Senate by way of a Recall Motion 163 on the 1st December 2016. This motion summons the former Attorney-General, Senator George Brandis; Former Senate President, Steven Parry; and my former party leader, Senator
Pauline Hanson to explain their actions in relation to the unlawful referral and to inform the House that the vacancy could not be filled by the No 2 on the ticket due to eligibility issues under s44(i) Constitution.
This matter was lodged with the Australian Federal Police on the 17th May 2018 for
investigation, whereupon I was advised that the AFP has no jurisdiction to involve itself with proceedings of the Federal Parliament.
I now welcome the AEC’s request to the Federal Police to investigate all matters, which the Senate has failed to do, including that of the involvement of the public courts, as there could be no matter of disqualification heard without a valid referral from the House.
I have invested heavily in legal advice and for the reasons stated, I was elected as a WA Senator, with an irregular replacement installed in that seat in the Senate. Given application
of s44 Commonwealth Constitution, there is reference to a higher power constraining the federal courts on making any order of bankruptcy and/or disqualifying an elected member from Parliament.
Furthermore, at all times, I have not consented to the improprieties and have, and continue to be, in full control of my affairs and are of knowledge that there are no
bona fide creditors who have come forward on notice.
The Federal Police are now charged by the AEC with uncovering the whole truth in the investigation before them, and in their assessment of my removal.
God Save The Queen.
By Rodney Culleton