Pilots are restricted from flight 24 hours after any vaccine. I want to know if there has been any occasions where an air safety incident has been reported connected to a vaccine adverse event.

Transcript

Terrific, thank you. Senator Roberts has some questions.

[Roberts] Thank you, Chair. Thank you for appearing here tonight. For the period, 1st of July, 2020, to the current date, could you please provide on notice a report detailing all aviation safety incidents, where COVID and or a COVID vaccination is mentioned as a contributing factor?

We would have to take that on notice, senator.

[Roberts] Of course. Yeah. Secondly, are there practises in place to ensure that air crew do not fly immediately after a COVID vaccination or booster? And if so, what are they, and why were they determined to be necessary?

Senator, I’m not aware of any restrictions.

[Man] Senator Andrea is much the acting executive. Take that off. Lot easier. Andrea’s, much the acting executive manager for the stakeholder engagement division and aviation medicine sits within that portfolio. The way we treat vaccination for COVID is the same as any other vaccination. So it’s got a 24 hour exclusion period after you vaccinated.

[Roberts] Thank you. Thirdly, we’re informed that there was an incident where the crew were informed by flight crew, where there was an incident where the crew of a commercial aircraft turned off fuel to both engines during flight. We’re informed that a potential factor in this incident was COVID vaccination. You know, brain fog that sometimes comes. Please provide, can you please provide full details of any incident resembling this description and provide full details of the investigation report and recommendations on notice.

And that one might actually be better directed at the Australian transport safety bureau as well, but we’ll see what we can find at our end as well.

[Roberts] Have there been any similar incidents where the reported cause was a TIA, or a transient ischemic attack, a minor stroke?

Senator, we haven’t had any incidents reported to us of that nature at all, in relation to COVID vaccination. We’ll check on notice but to my knowledge, we’ve had no incidents reported to us.

[Roberts] How long after having had a COVID 19 or a COVID 19 vaccine are air crew allowed to pilot a commercial aircraft? I’d take it 24 hours after vaccine, what about after COVID?

So after COVID, it’s treated in the same way as any illnesses. So it’s up to the pilot to assess whether they’re impaired or not. And if the impairment goes for more than seven days then they’re required to see a medical examiner to clear them back to line and that’s that’s standard for any kind of illness.

[Roberts] Thank you, I appreciate your direct answers. That’s it, Chair.

Dear Mr President 

This letter is written further to the incident in the senate last week when Senator Andrew McLachlan was Acting Deputy President and undertook to report the incident to you and expected your further clarification on the wearing of masks in the senate. 

Following a request from Senator McKim I wore a mask in the senate chamber as a courtesy to Senator Steele-John, who Senator McKim said feels uncomfortable due to an immune condition. I did this as a courtesy to Senator Steele-John’s concerns, perceptions and feelings, and not on any scientific basis. 

I have written twice to the Queensland Premier and Health Minister asking for scientific proof of the effectiveness of masks. I have written to the ACT Chief Minister making the same request. None have provided evidence of the effectiveness of and need for masks. There is no randomised controlled trial study that demonstrates masks, especially the cloth masks that some senators wear, are effective in stopping transmission of COVID-19 virus. 

Until someone provides the necessary empirical scientific data as evidence to prove the basis for wearing masks, Senators and indeed all Australians should not be required to wear them. 

Wearing a mask can lead to headaches, discomfort and safety hazards and needlessly restricts breathing. 

I direct you to pages 52 and 53 (page 3 of attachment 5) of the attached copy of my letter to the Prime Minister and Queensland Premier and attachments thereto. 

Page 53 refers broadly to New Mexico Senator and physician Dr Greg Schmedes, who criticises America’s Center for Disease Control and Prevention (CDC) for its contradictory and sloppy note entitled “Science Brief: Community Use of Masks to Control the Spread of SARS-CoV-2”. The contradictions and absurdities abound within the CDC’s note. 

Adam Creighton is a data-driven, clear-thinking economist and writer, who presents key scientific conclusions about masks in his thorough article on Monday 14 February 2022. In The futility of mandatory masking now ripped bare (theaustralian.com.au) Creighton cites scientific authorities and practical, everyday examples as evidence for his clear conclusions. 

Despite the resounding lack of supportive scientific evidence and despite the availability of scientific studies not supporting the wearing of masks, they have been ordered in some nations and states/provinces. Masks have been used as a form of conditioning people to be fearful and obedient. Masks have been successfully used to ingrain fear and as such, have the hallmark of terrorism. 

Capricious, malicious and/or unscientific orders often lead to divisiveness, as seen in the abusive and disrespectful behaviour of Greens senators and of Senator Lambie, who personally abused Senator Rennick last Thursday in the Senate. Senator Rennick had no intention of harming anyone and did not harm anyone. The needlessly aggressive, emotionally driven comments directed to Senator Rennick from some Greens senators and from Senator Lambie in the chamber are disrespectful to a properly elected senator representing millions of Australians and seemed designed to intimidate rather than explain and justify those who disagreed with Senator Rennick. Such abuse is disrespectful to the people of Australia and confirm a lack of scientific data. 

This highlights and reinforces yet again the way unscientific and unfounded restrictions in the name of COVID-19, often politically driven, are divisive. 

Sadly, this is typical of many issues, debates, policies and decisions made in our parliament and that are not based on objective, reliable empirical scientific data. 

Basing positions, decisions, bills and laws on feelings not on solid scientific data, on unfounded opinions not data, on media headlines not data, on advocacy pursuing personal agenda not on data, all lead to needless conflict and wasted resources. Illogical decisions cause increased costs for which the people ultimately pay. Irrationality and/or dishonesty are no basis for making laws or advocating policy. 

Those who believe that masks provide protection, however minimal, can choose to wear masks and in so doing feel protected regardless of the choices other people make. 

I request that the implicit expectation to wear masks be removed, unless in your deliberations, you can find and provide solid scientific evidence of a mask’s effectiveness based on objective empirical data within a logical scientific framework proving cause-and-effect. 

For transparency I have copied in all Senators named in this letter. 

Yours sincerely 

Malcolm Roberts 

Senator for Queensland 

You can read more about our response to COVID in our dedicated COVID section, here.

There has been many attempts to paint anti-mandate protesters as extremists. It’s not true and even the Federal Police have said so. At the protest some people were concerned about the appearance of possible Long Range Acoustic Devices (LRAD) and whether they were used or not. We didn’t get an answer back straight away but the police will have to give me an answer on notice.

Transcript

[Senator Keneally] Yeah, at this point.

[Speaker] Thanks Senator Keneally. I ask Senator Roberts, who’s just got a couple of minutes of questions.

Thank you. And Mr Kershaw is it?

[Kershaw] Kershaw, yeah.

Thank you all for appearing today, and before I ask my questions, I just want to thank you for the work you do and your AFP and work. And also the liaison with the State Police in Queensland and the ACT. I was at the protest; very proud of the behaviour of the people and so pleased that, and I agree with you, those groups were infiltrated by a couple of people, and that’s very small, so I appreciate that. Quickly, these questions are coming from a constituent: In relation to the Convoy to Canberra protest activity at Parliament House just last weekend, pictures of the day appear to show some types of devices at the front of Parliament House in between the entry to Parliament and Parliament lawns where the protest was in fact occurring. Can you confirm whether the AFP had long-range acoustic devices at Parliament House on Saturday?

That would be something that is our police methodology, which we would have to look at some sort of public interest immunity claim, Senator.

Is there any, surely it’s in the public interest to know whether or not they were there, without delving too much into it?

If I could take that on notice, I’d have to get advice.

Okay. I’d be happy. I understand. I’d be happy for that. And also, if you could tell us what type they were, please.

Sure.

And can you confirm whether or not they were used at any point?

Sure.

Thank you very much. And thank you, Chair.

The Government claims the un-vaccinated are allowed to attend citizenship ceremonies. Despite this, constituent after constituent has written to me saying that they have been turned away from citizenship ceremonies because of their jab status.

Not being able to attend these ceremonies can put your entire citizenship application down the drain. The Government is in effect saying that if you aren’t vaccinated, we don’t want you as a citizen.

Transcript

Senator Roberts.

Thank you, Chair, and thank you all for being here today. My questions are fairly straightforward and they’ll be fairly quick. Are staff of your department telling people they must be vaccinated in order to attend citizenship ceremonies in Queensland?

There are state orders that are applicable. I’ll ask Mr. Kefford, who administers our citizenship programme, to come forward.

Thank you.

It’ll be a function of what the state public health orders are. And you’re interested in the state of Queensland-

Yes, I am.

Particularly? State of Queensland, Mr. Kefford.

Thank you, Senator, the conduct of citizenship ceremonies, we rely significantly on local councils around the country. And as the secretary’s indicated, this department doesn’t impose conditions relating to public health on the attendants or not at those functions. So, for example, the Australia Day ceremony here, the guests were required to comply with the ACT’s rules, their being the representative local council for that purpose.

Do we provide advice to that effect? In other words, I think the senator’s question is what the department is advising.

The department’s advice is that the ceremony needs to be conducted in accordance with the code, the ceremony’s code, but the public health arrangements are a matter for the states and the local council.

Thank you for that. And thank you, Mr. Pezzullo. That’s exactly what I’m after. I’m told by some constituents in Queensland that this has happened to them. They’ve been told by your department that they must be vaccinated in order to attend the citizenship ceremonies in Queensland.

Well, Senator, I’d prefer to receive more precise information as to the circumstances.

Well, my understand is that it’s the same as you just said.

So if my departmental offices, as they properly should, are advising attendees to conform with applicable state… Well, state or territory, in this case state, public health orders, then that’s appropriate, but as Mr. Kefford said, we don’t have a separate vaccination policy or vaccination mandate that we apply to ceremonies. It’s a function of what the state orders are.

So Mr. Pezzullo, understand, there’s an anxiety that’s being caused because the federal agency is telling the people that the Queensland agency requires double vaccinated when it doesn’t. The Queensland COVID requirements for citizenship ceremonies are not a function of vaccination to attend. They basically exclude citizenship ceremonies and any… Yeah, any citizenship ceremonies.

Well, we’ll take on notice on whether we are misinterpreting or misconstruing the Queensland public health orders, but I can assure you there’s no such thing as a Department of Home Affairs public health order.

No, no, I’m not implying that. I’m saying that your staff apparently are telling some of our citizens in Queensland that they must be double vaccinated rather than saying they must comply with the state government’s health orders.

Mr. Kefford, without any particulars from the Senator, can we shed any further light on this matter?

No, Secretary, my understanding is our approach has been to say you will be required to comply with the local health requirements and nothing further.

[Roberts] Okay. Thank you.

Today Senator Patrick moved a motion to upend the business in the Senate. While an ICAC is important, we need to do it in an orderly way so that it can be adequately debated and properly passed.

Transcript

One Nation has always supported an integrity commission being established for the federal parliament—once we realised the parliament could not look after itself. We do, though, oppose Senator Patrick’s motion to suspend standing orders, and I’ll explain why.Corruption of federal taxpayer money to the tune of billions of dollars was a subject that we moved a motion to have a Senate inquiry into.

The Liberal Party opposed it, after initially supporting it. The Labor Party opposed it. The Greens opposed it. Senator Patrick opposed it. That was billions of dollars at stake.Secondly—water trading. It’s a breach of the Water Act, and the Liberals and Nationals have allowed it to continue. We moved a motion in this parliament to get it fixed.

It went to the lower house, where the Labor Party opposed it, the Liberal Party opposed it and the National Party opposed it—billions of dollars, again, there, and unfairness destroying regional communities.We also have a list of 28 people, which is supposed to be a watch list or a list with regard to paedophilia.

I contacted the person who raised that in an earlier parliament. A barrister, on my behalf, read that list. That list has no complainant—no identification as to who put forward that list. It also has no formal complaint and no evidence. But, in the process of that, the barrister I used found extensive need for cleaning up parliament, with regard to supporting paedophiles and other criminals.

We need to extend it properly, from parliamentarians to judges, to police and to bureaucrats. We need to do a good job. The government’s bill for an integrity commission is hopeless. It is not sincere, in my view.Helen Haines’s bill, the Australian Federal Integrity Commission Bill 2021, which is what Senator Patrick is supporting, has much to commend it.

We support it in principle. However, it leaves a lot to be desired in terms of some details, because it leaves people vulnerable and open to being besmirched—as we’ve seen happen in New South Wales—without evidence. That we cannot support. Such a bill must be debated extensively and not rushed through parliament.

We cannot do that in a morning.Senator Patrick himself said that we are now at the end of the 46th Parliament—exactly. Let the people judge in an election within the next three months. Let the people judge, because the Liberal-National coalition has not delivered on its promise.

The Prime Minister has told furphies about vaccine mandates not existing in this country. Tell that to the 25 million people in this country. That is a lie. Yet we now have the breaching of his promise. The people can judge him in three months. Each party should have a policy on this, and let the people judge each party on it. It seems to me that we need to assess people by their actions, their deeds, not by their words.

I think this is a stunt—trying to get media attention before a flagging election campaign. Regardless of my opinion, one thing is for sure: this parliament serves the major parties and their donors and vested interests, some of whom are outside this country.

We need to end that. We need to regain the people’s confidence in the parliament. We need to do that by making sure that the parliament returns to serving the people. We need the parliament to serve the people. That’s its job. We need to change the parliament, and to do that we need to change the way Australians vote.

We, as voters, as Australians, need to change the way we vote. Put the majors last; remember that in the coming election. Put the majors last.

It’s a sad day when any politician, whose career and life is predominantly political, thinks that his narrow world perspective has any resonance with the Australian people at large.

The good order of the Australian community requires debate and dissent, compliance and cohesion, and, most of all, robustness and honesty, not the squasing of dissenting views.

Transcript

I speak as a servant to the people of Queensland and Australia. It’s a matter of urgency that our elected parliamentary representatives are increasingly not a reflection of the typical, everyday Australian. It’s fundamental to our Australian democracy that people can demonstrate against incursions of their freedoms. I applaud any politician who has the guts, the integrity and the resolve to make a stand for the people, even if it is against their party line.

Senator Chisholm has done well to show his true self in this MOU, where he believes that only good order should reign at the expense of individual voices. Senator Chisholm clearly believes politicians ought not to use their public profile and status to represent the deep concerns of the people. Does Senator Chisholm suggest politicians use their high profile and status to be solely compliant and silent? I believe that politicians have a duty to listen to our consciences and speak out when we believe something is not in the interests of the Australian people. Senator Chisholm’s urgency motion says more about his narrow Labor perspective on life than it does about the topic or about the Australian people. Personally, I’m proud to stand beside anyone who has the courage of their convictions and who is brave enough to take their unpopular stand and risk ridicule for their beliefs. I admire anyone, particularly politicians, who have not lost sight of the Australian people, our democracy, our values or our freedoms and who will stand with the people regardless of the party line. I have done so and will proudly continue to do so.

Senators Rennick and Antic, and Mr George Christensen and Mr Craig Kelly, have the mettle to stand for a broader Australia. I support their efforts to question, expose and call out the deliberate misuse and abuse of science—the fraudulent use of science—as a basis for lockdowns and vaccine mandates. Senator Chisholm’s motion has demonstrated his belief that there should be only one world view held by all, and Senator Chisholm will decide what that view is no matter how far removed this groupthink is from how Australians see ourselves. The good order of the Australian community requires debate and dissent, compliance and cohesion, and, most of all, robustness and honesty. Our social and democratic institutions—failing, as they are, to protect the rights and freedoms of the people—must be robust enough to embrace a debate from the people and from politicians who represent them.

Why is there low, and declining, trust in MPs? Here is a quote from someone today: ‘Declining trust in our institutions is not the problem. It is the solution.’ We need to have less of the institutions. It’s a sad day when any politician, whose career and life is predominantly political, thinks that his narrow world perspective has any resonance with the Australian people at large. Senators Rennick and Antic, and Mr Christensen, are fighting for the people because they themselves are of the people, having carved out independent careers from the city to the land, facing uncertainties along the way. Senator Hanson and I have this same grounding in real life. From their actions these representatives, like us, feel what the people are feeling. They know, as One Nation knows, that unnecessary lockdowns, debilitating and inhuman vaccine mandates, and an absence of longitudinal testing on vaccines is just not good enough. They know that the people deserve better and are willing to stand up for what is right.

They also talk about ivermectin—a proven, safe, effective, affordable and accessible treatment that has stopped COVID wherever it has been used properly. The government falls silent on it and actually withdrew that from the people. The real matter of urgency here is that too many Labor, Liberal, National and Greens politicians do not have the courage to stand against this attack on our freedom and basic human rights. Too many in this place stand meek and silent while businesses fail and while everyday Australians are coerced into a repeated, unproven medical experimental procedure in order to feed their families. It’s time that gutless, groupthink politicians are consigned to the biowaste bin of history.

The world view which our Parliament now advances has the fundamental assumption that people cannot be trusted to behave in the best interests of their community and so must be treated as convicts not citizens. The time for people to trust the government is over, it is now time for the government to trust the people. This, the people’s house of Parliament, must stand in defence of the values that forged this country.

Transcript

Mr President I speak as a servant to the people of Queensland and Australia.

It is now 7 months since I delivered a speech reminding Senators and those listening at home of the significance of our flag.

A flag that flies proudly above our parliament, on a strong support that stands equally above the Senate and the House of Representatives.

Reminding all of us, in both chambers, we serve the people.

We do not serve large banking corporations, we do not serve trade unions that are now a business of their own, devoid of any relevance to their members, and we certainly do not serve foreign pharmaceutical companies.

For 7 months I have been ending my speeches with the reminder that we have one flag, we are one community and we are one nation.

In this time of great division in our beautiful country, it is becoming harder and harder to live up to the principle that we are one nation.

We must, must put aside division, and accept competing viewpoints.

On Monday I went outside to address a group of everyday Australians who have come to Canberra to protest the policies of this Parliament.

They quite rightly expected to be able to speak to their elected representatives to share their concerns, and so I did my job and I spoke with them.

The results were to be honest, mixed.

I heard many different opinions and I saw many different flags.

It is obvious to me that there are some who are misleading and inflaming opinion to gain power for themselves.

One Nation will continue to take positions that are based on facts not false, manufactured outrage.

If those of us who oppose tyranny are unable to unite amongst ourselves, how can we win public opinion.

And win we must.

Mr President 200 years ago a judge by the name of Lord Woodhouse-lee made an astute observation. Quote:

A democracy cannot exist as a permanent form of government. It can only exist until the majority discovers it can vote itself largess out of the public treasury. 

After that, the majority always votes for the candidate promising the most benefits with the result democracy collapses because loose fiscal policy is always followed by a dictatorship”

For many years I considered human nature acts out of self-interest not just for oneself but for those we love – our family and community.

Willingly imposing a dictatorship on those we love seemed contrary to human nature.

Surely I thought, there would be a point where the public would realise we were on a path to dictatorship and change direction.

To change our direction we must be unified, we must be tolerant and forgiving.

Our future is not one of retribution, anger and hate.

Our future must be unity, forgiveness, love and strength. These are the qualities that create a community.

Those assembled outside today have reached their point of awareness.

The millions who have attended freedom rallies around Australia have also reached their point of awareness.

Sadly this Parliament has not.

I have never been more nervous for the future of this beautiful country than I am right now.

It is clear we may be approaching the end days of democracy as predicted 200 years ago.

We are witnessing the controlled demolition of not just our treasury and our democracy, but our community.

We are on a path to a soft dictatorship ‘for our own good’.

Nothing about this is for our own good.

Our grandparents enjoyed abundance, freedom and personal sovereignty – these things do not feature in the conversation being advanced by this Parliament.

Husband has been turned against wife, parent against child, sibling against another.

Our young are being seduced into a world of selfish hedonism that begets apathy towards family and community.

Women are being erased, replaced with offensive language such as uterus owner and birthing parent. Forced to compete against biological men to make clear their new debased status afforded them by the Brave New World of globalist groupthink.

This is just evil.

Government dependence is treated as a right – as though it were somehow noble to live off the hard work of others.

We are being led into a world where the middle class no longer exists, only a financial elite and their ‘Nomenklatura’ – a pampered and privileged administrative class, tasked with carrying out the instructions of the elites.

High paid corporate and diplomatic ‘thank-you jobs’ are clearly on offer to politicians who have expended their political capital implement globalism.

Meanwhile everyday Australians have no such escape.

Life for so many, including those I met with on Monday, means working harder and going backward.

During COVID the world’s richest billionaires have seen their wealth increase by $3 trillion, while the wealth of citizens has gone backward by that same amount.

COVID has represented the largest transfer of wealth in human history.

Everyday Australians have less while billionaires have more.

This Parliament is responsible for destroying the Australian economy, destroying small business, destroying hope.

The media, major pharmaceutical companies, banks, political donors and health bureaucrats have the same owners – Blackrock, Vanguard and State Street Capital, amongst others.

These funds invest the wealth of the world’s richest crony capitalists, and now control wealth equal to one third of the world’s GDP – $25 trillion USD.

In Australia this wealth has been invested to create controlling interests in Australia’s largest companies – retailers, banks, media and pharmaceutical companies.

As a result crony capitalists now control Australia.

Under this Parliament a future awaits everyday Australians that is nothing more than 18th century feudalism with a public relations budget.  

What never gets mentioned is that democracy is not part of this “reset”

What awaits is something the UN calls ‘stakeholder governance’.

Unelected, unrepresentative Corporations and their nomenklatura will decide how we live our lives.

Parliament will be reduced to debating and passing resolutions that have no legal standing.

This is exactly how the European Parliament works now.

The EU Parliament is analogous to putting a plastic steering wheel on the back of the driver’s seat of the family car so your kids think they are driving.

This is our future under the globalist philosophy that now dictates the actions of the Liberals, the Nationals, the Greens and the ALP.

We the people are not in control, we are allowed to feel we are in control.

When it comes to COVID there is no ‘sitting this one out’

Recent events have made it clear everyday Australians do not have to be interested in politics for politics to be interested in them.

During COVID, small businesses who carried on with running their business the way they always have, serving their communities, not discriminating on the basis of race, religion or medical status are, under COVID measures, being sent broke and their owners fined or worse, arrested.

Politics came for them.

Shortly Australians must decide.

Do you remain prisoners in your cities, states and now in quarantine camps?

Do you remain prisoners of media-driven fear?

Or do you forge a path of freedom born of personal responsibility and inclusion?

Inclusion. It is ironic how that word has been reinvented to mean the majority accepting the viewpoint of a small and noisy minority, as a device to move society further and further towards a single world view.

Senator Chisholm moved a motion in support of doing that only yesterday.

With his matter of urgency, Senator Chisholm was kind enough to show us where the ALP would take Australia – for public order, the Senator said, dissent must be oppressed.

The world view, which our Parliament now advances has the fundamental assumption that people cannot be trusted to behave in the best interests of their community and so must be treated as convicts not citizens.

Robbed of free choice and implicit in that, robbed of freedom itself.

Freedom is now written in inverted commas by our media, who are promoting an agenda of hatred and division on behalf of their billionaire owners.

The ABC are compliant because totalitarianism excites the political left, tyranny and socialism go together like the words ‘rare’ and ‘side-effects’.

Inseparable, relentless, evil.

Christmas and Easter, Australia Day and Anzac Day, and let’s not forget fathers day, had to be extinguished because they offer a chance to renew the bonds that unite us as a family, as a community and a nation.

The time for people to trust the government is over, it is now time for the government to trust the people.

This, the people’s house of Parliament, must stand in defence of the values that forged this country.

The war on family, on community and Christianity must end in this sitting.

For we will be convicts no more.

We have one flag, we are one community, we are one nation.                 

Without cash, there is only a system of ‘government approved purchases’. Even if you don’t use cash, having it banned will mean the government can take complete control of you and access to your money at any time. The Trusted Digital Identity Bill aims to track every single purchase you make so they can cut you off whenever Government decides, this isn’t possible when you the option to use cash.

Transcript

The reason we have a Constitution is to enforce absolute boundaries and to stop politicians taking liberties with our liberties. The behaviour of government during COVID has shown everyone how quick many politicians and bureaucrats were to abuse rights and coerce citizens into undergoing unwanted medical procedures.

By its very existence, the Trusted Digital Identity Bill is a violation of our historic privacy laws and consumer protections.

The final design of the Bill and its accompanying Digital Economy Strategy 2030, involves the complete removal of cash from the Australian economy. This means that every transaction, every purchase, and every sale through the till must pass a Digital Identity check by the government.

Without cash, there is no free capitalist economy – there is only a system of ‘government approved purchases’. The Trusted Digital Identity Bill will give premiers and the Prime Minister the power to take such action at any time by locking citizens out of the economy – a threat already issued by the Victorian premier during the pandemic.

Once the public understand how much we’re going to lose under the global reset, it will be too late to unpick the laws that allowed it to happen. Just like emergency pandemic legislation, Australia will be stuck with it.

The Trusted Digital Identity Bill is a framework for oppression and control. It is a global surveillance system designed by a foreign bureaucracy for the benefit of profit-hungry corporations and power-mad politicians.

Dan lives with his wife of 25 years and three children on their property approx. 160 km north west of Charleville.  They run about 1000 head of cattle and have Droughtmaster breeders.

Like so many people in Rural Queensland, Dan and his wife Katrina have invested their working life of blood, sweat and tears into purchasing their own Freehold property so as to provide their family’s livelihood by breeding and grazing livestock.

While not one of the most willing students at school, Dan lives by the principles of respect, observing those around him, looking, listening and ‘having a go’ as the means of learning life’s valuable lessons.

Dan’s key interests are, in order of priority, his wife, his children and everything that makes up his livelihood from machinery to animals to the governance of not only his livelihood but the governance of our society as a whole.

Acknowledging the sacrifices made by our forefathers and the selfless conviction of the men and women of our current defence forces, Dan cannot and will not sit back and watch our government throw away our rights and freedoms so hard fought, won and defended by our nation’s most courageous people. Dan has first hand experience when the Constitution doesn’t work for us as it should.  In 2017 he was convicted of six tree clearing offences with the magistrate fining him $40,000 and ordering him to pay costs of more than $72,000.  Later it was dropped to $10,000.  He is going to share his story with me today.

Transcript

Senator Malcolm Roberts (00:05):

Welcome back to today’s news talk, radio TNTradio.live. We’ve just spent an hour with Professor David Flint learning more about Australia’s constitution. In this next hour, I’m going to chat with Queensland’s grazier, Dan McDonald. Now I said of Professor Flint, that he is an expert with international recognition, and international awards, yet he’s a man of the people. He’s one of us. He gets down and dirty, mixes with people in the streets, in rallies, in meetings, he attends functions and speaks knowingly, but also lovingly, with the people.

                Now we have a man who is of the people, but can mix it with the experts, and he’s self-taught. Dan McDonald lives with his wife of 25 years, Katrina and their three lovely children on their cattle property. About 160 kilometres Northwest of Charlottesville. They run about 1000 head of cattle and have drought masters breeders. Like so many people in rural Queensland, Dan and his wife Katrina have invested their working life of blood, sweat, and tears into purchase their own freehold property, so as to provide their families livelihood by breeding and grazing livestock. So he’s used his initiative, done this, they’ve both used their initiative to do this, and they’re try to make a living, which is a purpose; one of the things we have to do in life.

                While not one of the most willing students at school, Dan lives by principles of respect, observing those around him, looking, listening, and having a go as the means of learning life’s valuable lessons. Dan’s key interests are in this order of priority: his wife, his children, and everything that makes up his livelihood from machinery to animals, to governance of not only his livelihood, but the governance of our whole society, as a whole. This man has gone into battle for us all, and what he’s going to talk about affects every single Australian and their children, and our country itself and our country’s future. Acknowledging the sacrifices made by our forefathers, and the selfless can conviction of the men and women of our current defence forces, Dan cannot, will not sit back and just watch our government throw away our rights and freedoms so hard fought, won and defended by our nation’s most courageous people.

                Dan has firsthand experience when the constitution doesn’t work for us, as it should. In 2017, he was convicted of six tree clearing offences with the magistrate fining him $40,000 and ordering him to pay costs of more than 72,000, up for 112,000. Later in an appeal that was dropped to 10,000. Dan’s going to share his story with me today. And I want to remind people, I have eight keys to human progress, the first is freedom and the free exchange. Second is the rule of law. Dan is going to talk to us about the rule of law, because the law is supposed to protect people, not control people. Hello, Dan.

Dan McDonald (03:27):

Good day, Malcolm. How are you?

Senator Malcolm Roberts (03:29):

I’m very well made. What’s something you appreciate?

Dan McDonald (03:33):

Oh, Malcolm, I think the top of that list would be my family, and second to that would be honesty.

Senator Malcolm Roberts (03:40):

Amen. Okay. Dan, let’s get stuck into it. Property rights; tell us what they are and why they’re so important, so fundamentally important to everyone.

Dan McDonald (03:52):

Absolutely. So, Malcolm, we have two different elements here; we have property and we have of rights, and I think it’s important if we just touch on both. Essentially what property is, is anything tangible and intangible that is capable of ownership. So, quite often we have, and being related to land, we can say that’s tangible. It’s something that we can see, we can touch. But of course, we also have elements of property that are intangible; we can’t see them, we can’t touch them, but they certainly exist, and they certainly have a value, and they certainly play a very important role in all our lives. So when we combine the two and we talk about property rights, what whereas essentially doing is talking about our right to use our property. Rights in themself are essentially defined as a power over, or an authority to use, to enjoy, to occupy or to consume.

                If you have a right to something, that is what gives you the authority or the power over that thing. And when we combine those rights with property, essentially, we’re talking about the most valuable element; it is the right to property, that is, I say it again, the most valuable element. If we take rights of use away from any property, essentially it becomes absolutely worthless. We cannot underestimate or overestimate that it is the right of use of property, whether it be a cup of coffee, whether it be a motor car, or whether it be your house and land, it is the right of use of that property that actually affords it value. If we just use a cup of coffee, as an example, if we buy a cup of coffee, the most valuable element that we are purchasing there is the right to consume it. How many people out there would buy a cup of coffee if they did not have the right to drink it? So we can apply that same principle to all forms of property; they all have rights attached, and as I say, it’s usually a right of use a right of enjoyment, a right to consume. So there’s no doubt about it; property rights are extremely important. Indeed, they are the most fundamental element of a free and democratic society.

Senator Malcolm Roberts (06:30):

And just to interrupt, I’m hoping to not disturb your train of thought, but it’s so important that in our federal constitution our forefathers, the inserted Section 51 Clause 31, which basically says that if the federal government interferes with someone’s right to use their property, the federal government must pay them just terms compensation. In other words, if you destroy someone’s, or impair someone’s right to use their property, you must pay compensation, which is essentially you are buying their right to use that portion of their property.

Dan McDonald (07:08):

Absolutely. That’s right. And just to go back there just quickly, and give another example of how, how rights in property can work. We can have a land owner, owner parcel of land, and of course that gives them the absolute rights of use of that land, but then that land owner can of course, lease that property out or rent it out. Now, when someone enters into a lease or rental agreement on a home, they also acquire a right. The right they acquire specifically is the right to occupy. So if someone rents a home, the tenant that’s paying the rent actually holds the right to occupy that dwelling. Once again, that’s a property right; a very clear example of how rights can be owned, and obtained, and held without physically owning the tangible property. The tenant holds the most valuable element of that property when they enter into that agreement by physically owning the right to use that is whatever they comply with the terms of, of an agreement.

                So this is how it works, and this is why it’s so very important. Essentially, Malcolm, we could not have a stable society anywhere throughout the world without having secure property rights; it is absolutely fundamental. When we don’t have them, well, essentially we’re inviting outright anarchy, because we just cannot exist without them. I cannot overstate that. None of us, whether you are a farmer, whether you are a business owner in the city, no matter what you do, every element of your life every day involves the use of an enjoyment of rights, property rights, so, it’s something that we certainly cannot live without.

                When we talk specifically about an impact on, on farming, as you pointed out in your introduction, I’m in the business of farming, a food producer, it is extremely important to have property rights, because it is not actually the land itself that allows us to produce food; it is our right to use the land that allows us to produce food. It doesn’t matter how good our soil is. It doesn’t matter how much rain we get. It doesn’t matter how much fertiliser we use. If we don’t have the right to use our land, we can’t produce anything. So it’s extremely important. And of course, essentially in a civil setting as such, we don’t lose our property. We don’t lose property full stop, because we’re afforded protection by our legal system, supposedly. And I say that for this very reason, that in a civil setting, if someone comes and takes your property, you are able to, throughout our legal system, seek to recover that property, or certainly seek damages for it, if it’s unrecoverable.

Senator Malcolm Roberts (10:34):

So could I just jump in there for a minute because you’ve raised two extremely important points, firstly, a new slant on things, which will help us all; it certainly was new to me: rent. If I go to rent your property, then I am buying the right to use your property without owning that property.

Dan McDonald (10:53):

Absolutely.

Senator Malcolm Roberts (10:54):

So property rights, thank you so much for that clear, succinct example. It reinforces the fact that property rights is about, if you buy something, you have a right to use it. And so it’s not simply the owning of something, but it’s owning the right to use it. That’s very important.

Dan McDonald (11:15):

And that’s why, Malcolm, we need to always remember that rights in themself are property.

Senator Malcolm Roberts (11:21):

Yes. Thank you.

Dan McDonald (11:22):

They’re capable of ownership. As I said earlier, property is anything capable of ownership. And there are many examples where we can own rights. Where rights are owned and it’s no different. If we hire a motor car from a car rental company; when we hire that car, we purchased the right to use that motor car. Very similar to, as we said, with a tenant renting a home, a tenant actually acquires the right to occupy the dwelling. That is the whole purpose of it. So there are elements of ownership, of rights, right throughout everything we do.

Senator Malcolm Roberts (12:01):

And there are protections too, because, I hope we get onto, I’m going to let you just go wherever you want to go. Okay? Please, because you are so knowledgeable and so basic.

Dan McDonald (12:14):

As far as you go talking about protections, Malcolm, that is the most fundamental element of all when we talk about rights, when we talk about property-

Senator Malcolm Roberts (12:21):

But before we get into that in detail, if I, as a landholder, a grazier, destroy my land, and wash the top soil into the neighbouring property, and destroy his or her use of their land, then my neighbour has a right to Sue me for impairing his right to use his property, for stealing his right to use his property. Correct?

Dan McDonald (12:46):

That’s correct, because-

Senator Malcolm Roberts (12:47):

So there are natural protections. Away you go.

Dan McDonald (12:49):

If you cause damage to another party, you are liable.

Senator Malcolm Roberts (12:51):

Yep. So away you go. Now take off.

Dan McDonald (12:54):

So, it’s very important that we have security of property rights. Now, as we know, all throughout the developed world, we have elected governments in our supposed democratic societies, we have elected governments that are effectively administrators, and as you would well know, and I think your previous call had pointed out, effectively governments act as administrators to serve the people, and effectively provide us with security. Okay? So that’s one of the most fundamental elements of any democratic society is a government providing a secure environment for us all to live in. We have to be able to rely on our institutions of government to protect our property. That’s where the buck stops. That’s where our judicial system operates from. So essentially, we have to be able to have trust in government to protect our property. It’s the only foundation upon which any of us could invest or acquire any form of property. However, as I’ll get to a bit later on, in my own case, it was actually the administrator, it was actually government that have taken my property from me. And that, of course, not only does it add insult to injury, it really leaves you in a position where you are totally powerless, when the administrator that you have to go to for justice is actually the same body that’s taking from you, all hope is gone.

                So I’ll just touch on this, Malcolm; if a food producer loses property rights, they’re extremely vulnerable. It’s no different to someone living in a rented house. If a tenant has fully complied with the terms of their rental agreement, yet the landlord, the owner of the property comes along and says, “Well, I’m not happy with you being here today, get out.” Well, of course the tenant becomes extremely vulnerable. They’ve got an absolute reliance upon their right to occupy that dwelling. So in that same context, a food producer must have the right to the use of his land to produce food. If you don’t have the right to use your land, what have you got? How can you operate? Where is the security of your equity? Where is the security to invest your blood, sweat, and tears, if you don’t hold the right to use your land. So the loss of property rights in a farming context is extremely devastating for landholders, but it is also a situation that leaves the vast majority of populations all over the world, vulnerable.

                And as I say that for this reason, we have to, we have to never forget the fact that food producers are a very small sector of our overall population. Just to give a brief example, Malcolm, in Australia, we’ve got just under 26 million people. We have approximately 87,000 farm businesses, and the vast majority of those farm businesses are family operations; they’re husband, and wife and children. We have 65% of our production gets exported. Okay? And ironically, we actually import about 15% of our food consumption in this country. But if we average all of this out, Malcolm, it’s quite clear that 87,000 farmers in Australia feed 130 million people. So essentially you break that down, we’ve got just under 1500 people relying on one farmer to feed them. Okay?

Senator Malcolm Roberts (17:23):

So what were those numbers again? 87,000 farmers provide food for?

Dan McDonald (17:26):

We’ve got 87,000 farmers. We’ve got 26 million people in Australia. Okay? We actually export 65% of our produce, and we also import 15% of our consumption, so if we base a calculation on the calories of food that we produce, okay? And the calories of food that are, on an average basis, consumed by human beings, it’s quite clear that we feed Australian farmers feed 130 million people that is, we feed our own population and we feed a large number of people just over 100 million people elsewhere throughout the world. So we’re

Senator Malcolm Roberts (18:10):

Feeding five times. Yeah, more than that. Yeah, no five times our population. Okay, continue.

Dan McDonald (18:18):

So, you break it down, you’ve got every farm entity feeding 1,494 people. Now, to my way of thinking, and I’m sure most would agree. That’s a fairly vulnerable position for that 1,494 people; they’re reliant upon one farm entity to feed them. You got nearly 1500 people that are solely reliant on one person to feed them, essentially. Every time we see another farmer go out of business or of their productivity, detrimentally impacted, that 1400 people have got to go somewhere else to get their food. Now you can’t keep doing this. You can’t keep working on that trajectory for too long before you certainly have a very vulnerable population across the globe.

                You know, we live in an era at the moment where most times people can go to a grocery store, and they can fill their trolley and go home and they can do it, arguably at a reasonable cost. But of course, let’s not forget that it is only the abundance of supply that both protects, and effectively ensures the sustainability of the population, but an abundance of supply also is what controls the value, the cost. So the more supply we’ve got, the more affordable food is for people.

                To get back to the property rights aspect, we have to remember that in producing that food, we are 100% reliant upon the farmer’s right to use his land. So effectively, all these 130 million people across the globe are fed by Australian farmers, their food security is underpinned, not by the farmer’s piece of land, or how much rain he got, but primarily by the farmer’s right to use his land. If he loses the right to use all or part of his land, he can’t feed anybody.

                So I can find no clearer example to demonstrate just how vulnerable city people are when it comes to their own sustainability. It is 100% reliant upon the farmer having security of the right to use his land. And unfortunately, Malcolm, that is essentially what is missing in this country. That is a major problem that has to be addressed. At some point it has to be addressed. We’ve been losing farmers in this country for decades. We’ve lost 50% of our farmers in the last 40 years. We go forward another 40 years, how many of us will be left? But at the same time, we’re told we’re going to have a growing population.

Senator Malcolm Roberts (21:23):

So, let me take us to the ad break in a few minutes, and we’ll when we come back, Dan, could you tell us your story? What happened? How could that happen? The constitution is there to protect you, what compensation did you receive for the theft of your property rights, the rights to use your property? But let me give our listeners, we’re guests in their company right now, so let’s give our listeners a summary of what you’ve said. The security of property rights is essential. It is the right to use the property that you have a right over. Governments should act as administrators to provide security. But we’ll see, after the ad break, that government has been the thief of your rights to use your land.

                I add here, Dan, the government has three roles: to protect life, protect property, protect freedom. And freedom’s absolutely essential, but so is secure property rights. Government is now the administrator that is committing theft, not protecting people. If a farmer or anyone who has an asset, such as a small business, and this is affecting small businesses right around the country with the government’s capricious restrictions over COVID mismanagement, small businesses have us the right to use this, what they own. If we lose the right to use our land, then you as a farmer, Dan, cannot earn a living. So it becomes a means of shutting down your provision of feeding your family. That is a fundamental human right that you are being denied. It’s also significant that the communists want to take away land and property. That’s one of the first things they do. The World Economic Forum has said, “You will own nothing and you will be happy.” That’s what the plan is right around the world.

                The bankers though, I hope John McCrae is listening here, a wonderful man, he was on our show two weeks ago. We’ll be having John back. He gave me a quote from the Bankers’ Association in America many years ago, “The banks want people to lose their houses, because when they lose their houses, they are at complete control of the major banks.” Dan just told us that Australian farmers feed around 1500 people, each Australian farmer. Now let’s have a look at the restrictions on property rights, and the rights to use our land. Have a look at when Dan comes back with this in mind; all restrictions apart from natural restrictions, like drought, are due to government. We have an abundance of supply from our farmers. Southeast Australia is completely green, producing massive quantities of food after the drought broke, yet, some of the supermarket shelves are bare?

                Why? Not because of a shortage of food, not because of a shortage of supply, not because a shortage of truck drivers, but simply because truck drivers are not able to come to work because of injection mandates, and because of close contact rules, which are completely wrong. They’re completely capricious. So government is acting to control the supply. And I must remind people before we go to the ad: 100% reliance of farmers to use their land is essential for us to feed our bellies, drink a beer, have access to just about everything over to you with the ad break,

Senator Malcolm Roberts (27:39):

And thank you for allowing me into your company with my guest today, Dan McDonald. Dan, you’ve told us the background, the foundation, now tell us what they did to you. The people who are supposed to be protecting us all are the ones who are thieving from us to control us. What happened?

Dan McDonald (27:55):

So Malcolm, to go back to the start of my investing in this big business, I and my wife chose to, to develop a grazing business, a livestock grazing business, and in doing that, of course we needed land upon which to do it. In that process, we sought out to purchase, so we had the absolute rights to the use of freehold grazing land. And that’s exactly what we did; we found some freehold grazing land, and that’s what we purchased against the backdrop of a secure element of property that would be protected at all costs, and we would be able to not only produce food for a hell of a lot of people, but in doing so, we would be able to sustain ourself and our family. So, we bought the land, and said about doing what was necessary to improve it from the perspective of grazing. So, infrastructure like fencing, and water points in the like-

Senator Malcolm Roberts (29:06):

So let me just show you what a keen student I am. When you bought that, you say you bought the land, you bought the land and the right to use the land according to how you and Katrina wanted to.

Dan McDonald (29:18):

Well, essentially, exactly that. And just to go a little bit further there, Malcolm, land right across Australia and, and most developed nations throughout the world is classified into primary land uses. So, you don’t go to the middle of Brisbane to buy a grazing property. Land in cities and towns will either be classified as residential, or commercial, or industrial, and right across Australia it’s like that. And essentially we purchased land that was classified as grazing land. Okay? So ironically, the primary land use for this land, as classified by government is grazing. And of course, in freehold tenure, our most fundamental issue there was buying land that we had the right to use. That’s what we did. And we’ve invested essentially our life’s work into doing that.

                Everything went okay there quite some time, but along the way, of course, when you’re running a grazing business, you’re actually feeding livestock; that’s the whole purpose of your business. And that’s exactly what we did. We just, we used our land to feed our livestock, and everything we thought we were doing was right. And as far as the letter of the law goes, it was right. We hadn’t stolen anyone else’s land. We hadn’t ran our cows onto someone else’s property. We were using our own land. Anyway, along, came the government, and essentially said to us, “Well, hang on, you can’t do the that.” And I said, “Well, what’s wrong? What can’t we do?” “Oh, you can’t use your vegetation to feed your cows.”

Senator Malcolm Roberts (31:10):

When did you buy it, by the way?

Dan McDonald (31:12):

2003.

Senator Malcolm Roberts (31:14):

Thank you.

Dan McDonald (31:16):

So of course, this came as a fairly big shock to myself, and my wife, and my children to have a government body telling us that we could not use our land. And I said, well, hang on a minute. That’s what we bought it for. And ironically, Malcolm, some of the land here that we purchased, we actually purchased from the Queensland government. So it was land that was essentially in what was called leasehold tenure prior to us buying it. We purchased it, and then obviously purchased the lease of it. And then we repurchased through an approval process, the freehold tenure to that land. So that gave us the unimpeded, supposedly, right to use the land. And it was a all done so under the classification of being grazing land.

Senator Malcolm Roberts (32:07):

So, isn’t the selling of something as a con, a confidence trick, so the government are con artists, the government is also misrepresenting something; they’re basically committing fraud.

Dan McDonald (32:22):

Exactly. Malcolm, there is no other the way to describe it. So when we go into a process of purchasing land of any sort, we have a contract. We buy subject to certain terms and conditions, and also, there’s a duty of disclosure there from a selling party. And particularly when the selling party is the government, they have a duty to disclose any rights or encumbrances that they wish to hold over that land. This is the whole purpose of our land, our property law regime that we have in this country, but essentially, government are not complying with that. Government are committing fraud; they are failing to disclose. And I say, deliberately failing to disclose their true intentions.

                If government offered land for sale, and in that process, they disclosed the fact that the purchaser would not obtain the right to use the land, or quite clearly, very few people would want to buy the land. Would they no different to, if you go to a coffee shop and buy that cup of coffee, but you don’t buy right to drink it, well, you’re not likely to buy too many cups of coffee from that shop. So, the government are actually committing fraud. They are failing to disclose they are selling land under that regime. And of course, then it’s not until you physically make use of the land that they’ll then quite happily come along as they did in our case, and prosecute us.

                So, in about 2016 Malcolm, they commenced proceedings against us to prosecute us, essentially under what they called a regime of illegal tree clearing, which in real terms, and as it was certainly adopted in the court, was essentially feeding cows, feeding livestock. We were grazing livestock with our vegetation.

Senator Malcolm Roberts (34:28):

And perhaps I should clarify; I’ve been to your place a couple of times, the trees that the state government alleges you were killing, clearing, were mulga. There’s scrubby bush, they’re borderline calling it a tree.

Dan McDonald (34:47):

Well, that’s correct, Malcolm and-

Senator Malcolm Roberts (34:49):

And cattle love it in the drought. And you bought that property, did you not, because it had some mulga on it because in a drought, it provides all provides very much more security. So you purchased it because of the mulga, and your right to be able to use that mulga?

Dan McDonald (35:05):

That’s right. That’s the feed source, and it’s a renewable feed source, essentially, all we do is effectively prune it to feed livestock, and it grows back again. It grows back very quickly. As a matter of fact, it would be extremely difficult to eradicate it, it grows back so quickly. However, under the government’s regime of land clearing laws, they’ve effectively locked it up as conservation. Just, it’s ironic; we have land that is still classified by government as grazing land. We have a situation where the primary land use is effectively now conservation. Government have implemented a regime across us where we do not now have the right to use our land at all. We physically do not have the right to use it. They will allow us to use certain areas of our land, under very strict guidelines, and other than that, our property is effectively conservation.

Senator Malcolm Roberts (36:11):

So hang on, hang on. You are charged with the responsibility of providing a livelihood. You have the right to use your land, but the bureaucrats in the city of Brisbane and the city of Canberra tell you how to use it. They’re running your farm.

Dan McDonald (36:29):

Absolutely.

Senator Malcolm Roberts (36:30):

That’s communism.

Dan McDonald (36:30):

Absolutely.

Senator Malcolm Roberts (36:32):

And now that you have had the right to use your land stolen from you, that is communism. They basically own it, even though you paid for it.

Dan McDonald (36:42):

If we get into the nuts and bolts, just briefly of how it all come about. I mean, obviously when this matter-

Senator Malcolm Roberts (36:49):

Go for it, we’ve got 17 minutes left.

Dan McDonald (36:51):

Yeah. When this matter came upon, as I sought to obviously investigate and represent myself throughout the court proceedings, and I did so, but the primary thing I wanted to work out, Malcolm, was where this came from, what was the root cause of the fact that I had had my primary element of property stolen from me. And essentially, that all came down to the federal government. The regime itself of taking white land was implemented by the Queensland state government. It fundamentally came from the coercion and pressure of the federal government, as it done across many states throughout Australia, but there was certainly no state more heavily impacted than Queensland. And primarily, the whole goal of the federal government’s taking of our property and locking it up for conservation was all about securing carbon credits to go into this ridiculous emissions trading type regime we now have being implemented across the world.

                So, effectively, instead of government coming along and paying me for the property that they wished to acquire, which would’ve been consistent with the constitution, they effectively stole it, by way of regulation, and that’s the situation we are now in now. And as I said earlier, that’s been a devastating impact to myself, my family, but it’s also a detrimental impact across the broader population, not only of Australia, but the world. This is not just my own property that’s impacted by this; it’s right across Australia, it’s certainly right across Queensland. And the loss of production that comes from that is profound. And essentially, that loss of production will only continue to increase, as in the productivity is declining, of our land or all the time, and there’s nothing we can do about that.

Senator Malcolm Roberts (38:57):

Okay, we’ve just heard from Professor David Flint, one of the world’s best and Section 51 Clause 31 of our federal constitution says that wherever the federal government interferes with someone’s rights to use their land, their property, they must be paid just terms compensation. What exactly did they do? Why did they do it? Without paying compensation? And how did they get away?

Dan McDonald (39:29):

Malcolm, the federal government got around it by actually getting the states to do the dirty work. You know, states were coerced financially into enacting the appropriate legislation that would effectively acquire the property in question for the federal government. And that’s the exact mechanism they used to avoid compensating anybody. No one’s been compensated; we were certainly not compensated at all. The most valuable element of our property was stolen from us, and we’ve never been offered 1 cent of compensation. So that’s the mechanism they use. States have their own constitutions. Interestingly enough, whilst there’s no specific provision for states to compensate when taking property, it is actually embodied within the state’s constitution, and it is also embodied in the state’s legislature. They do have legislation that says, if they’re taking property, they must pay fair compensation. But of course they refuse to do it. So-

Senator Malcolm Roberts (40:38):

So the state government-

Dan McDonald (40:39):

The situation we are in, and somehow that’s the environment within which we’re expected to produce food.

Senator Malcolm Roberts (40:47):

So, so let me just give the people who have us as guests in their present company, some details. Because I first learned about back around 2008, ’09 ’10, something like that. We had the UN Kyoto protocol, which came in in 1996. That was the same time John Howard’s government, and John Anderson’s national party government came into, into power in Australia. So the Howard-Anderson liberal national government said, “We will not sign the UN’s Kyoto protocol, but we will comply with it.” Now they had a choice they thought, “To comply with that. We will have to shut down power stations, reduce car travelling, reduce industry.” And John Howard’s government realised that was not going to be accepted by Australians, and rightly so. So, they concocted the idea, and the UN blessed it, that what we could do is stop the farmers’ rights to use their land, stop them clearing the land that they bought. And in that way, they would save the trees and absorb carbon dioxide. Forget for a moment that grasslands absorb more carbon dioxide, and forget for a moment that it’s all crap anyway. Just forget about all of that.

                So then they had a problem. “Okay, so now we’ve protected our power stations from the UN, we’ve protected our cars, our industry from the UN, how do we steal it from the farmers? Because we have to pay just terms compensation, and that would be a couple of hundred billion dollars. Okay, so what do we do? Oh, I know. The states, they don’t have to pay compensation. It’s advisable to, but they don’t have to, so we’ll do deals with the state governments.” At the time in 1996, and I’ve seen this document, another property owner showed it to me. An agreement was started between the federal and state governments. At the time, the Prime Minister signed it on behalf of the federal liberal national government. The premier of Queensland signed it on behalf of the National Party government. At the time in 1996, Rob Borbidge was the State Premier. All the officials who signed this were either members of the National Party or members of the Liberal Party. Three from federal, three from state of Queensland.

                And later on, that was an understanding that they would comply with the federal request to curtail, to steal farmer’s rights to use their land. Correct me if I’m wrong here, anywhere Dan, and then-

Dan McDonald (40:47):

No, you’re spot on, Malcolm.

Senator Malcolm Roberts (43:47):

And then, when Peter Beattie came to power, the labour government in Queensland in 1998, the rubber started hitting the road. And Dan bought his property in 2003 with no understanding of this, no disclosure from the owners of the land, the Queensland state government.

Dan McDonald (44:04):

Absolutely.

Senator Malcolm Roberts (44:04):

Then when he started using it, he was penalised for doing so. Now it’s very important that people understand Queensland’s state [inaudible 00:44:16], the parliament entry record includes in its records letters from John Howard, the Prime Minister, federal liberal Prime Minister to Peter Beattie, the State Labour Premier saying basically, “Please stop farmers clearing their land, for the purposes of the UN Kyoto protocol.” And Peter Beattie responding saying that they would do so for John Howard’s governments to compliance with the UN. The similar thing happened in New South Wales and Bob Carr, I think he was in Environment Minister at the time, but he was on YouTube. I’ve seen it. He was gloating, laughing, saying that he stole farmers’ rights to use their land, so that the Howard government could comply with the UN’s Kyoto protocol. And what happened was John Howard’s government, the Howard-Anderson liberal national government went around the constitution deceitfully to steal farmers’ rights to use their land. Is that not correct?

Dan McDonald (45:22):

That is absolutely correct. So, the primary security mechanism we had to protect our land has been totally ignored. And of course, government acting as the primary administrator, yeah, they’ve just totally ignored it. And, and essentially we don’t have anywhere else to go. It’s a fundamental issue that will continue to play out for a number of years. And I think I’ve highlighted the vulnerability of the greater population. Malcolm, let’s never forget that besides water, food is the most valuable commodity on this planet.

Senator Malcolm Roberts (46:06):

Oh, hang on, hang on, also oxygen. Well, and now they want to tax our carbon dioxide that we exhale.

Dan McDonald (46:14):

We’d like to hope that we can continue to breathe without having to pay a tax.

Senator Malcolm Roberts (46:17):

But they’re taxing it.

Dan McDonald (46:19):

The most valuable on the planet, and the only protection, right? The only protection for consumers comes from an abundant supply, which stems from secure property rights. We are losing our property rights, and effectively, we are now losing our productive capacity.

Senator Malcolm Roberts (46:41):

Thank you. Thank you. This goes to other areas as well. There is a grazier, or at least he used to be a Grazer near Okie, which is an army defence base. It’s got an army Air Force squadron there, and they have to use PFAS chemicals well, they don’t have to, but the government chose to use PFAS chemicals for firefighting. That PFAS is now polluting the in underground water. It’s destroying the soil so much so I won’t go into the details now, but the Defence Department, after doing this to David [Jefferies 00:47:23] and Diane [inaudible 00:47:23] property, does not pay compensation. The state government under Campbell Newman, I think, liberal government, I can stand be corrected, but I’m pretty sure it was Liberal National Party government under Campbell Newman, took the water rights from David Jefferies and Diane [inaudible 00:47:41] with no compensation. Water is essential for farming. And then John Howard’s government, John Anderson’s government stole the farmer’s property rights before that. And so, the rights to use their land. So, our food production is really threatened. And this is all about control of land, is it not, Dan?

Dan McDonald (48:07):

Absolutely Malcolm. Absolutely. And look, let’s just never forget the fact that rights are property, and rights are always owned by somebody. And it doesn’t matter whether we’re talking about rights to use land, to drink a cup of coffee, to drive your motor car, or indeed rights to breathe oxygen, those rights belong to somebody, okay? So, your rights are your property. All of us own property, we all do. Don’t think you need to own something tangible to own property. Your rights to breathe, your right to choose what you do with your body.,Those rights are your property. You own them. Nobody else, no one else has the right to them. They’re yours. And they must be protected. Unfortunately, this is the biggest downfall of our society and our government at the moment; our rights are not being protected. Indeed, if anything, they’re being totally denigrated and decimated by government.

Senator Malcolm Roberts (49:11):

Well, as I mentioned earlier on governments have three roles: protect life, protect property, protect freedom. The government in your case has hurt all three. They’re not protecting life; they’re creating a woody weed monoculture that is destroying life. They’re destroying your opportunity to provide a livelihood for your family. They’re destroying your rights to use your property. They are stealing your freedom in the name of protecting the environment, but really in the name of the United Nations to control land. We can see it in native title legislation; the land was taken from some people, and handed back to the Aboriginals we were told, but the aboriginals can’t use it. It was stolen to lock it up. Murray–Darling basin, more legislation that the Howard-Anderson government introduced in 2007 was done to do exactly the same thing. It’s to steal the right to use the land. And in Dan’s case, it was done without compensation. Is there anything you’d like to say; we’ve got about two minutes left before I have to wrap it up, Dan.

Dan McDonald (50:31):

Malcolm, I’d just say that we’ve got to remember the fact, and I would say that you spoke then of the impacts to people like myself, the impacts to farmers trying to generate a livelihood. Malcolm, I would contend that the impacts are far greater for the vast population. Because as I pointed out, every farmer is feeding almost 1500 people. The greater impacts of all of this are on the vast population. They haven’t seen it yet, but there’s one thing for sure, they will. The only protection that consumers have is abundant supply, which stems from our secure property rights. That’s where it all comes from. We cannot afford to have rights in any way, shape or form just denigrated, and not secured. It’s the fundamental pillar, fundamental foundation of our very existence.

Senator Malcolm Roberts (51:32):

So my eight keys to human progress, number one is freedom, because that’s where you invent, you initiate, you exchange ideas, you exchange concepts. Number two is the rule of law, so that what you earn, you keep, and your neighbour can’t steal it from you. Number three is a constitutional governance that provides continuity, so that provides security; a stable environment. Number four is secure property rights. And Dan’s explained that, and shown us how he’s fought to try and get them back, and failed. Dan, it is so important, a true liberal in terms of a Liberal Party, a true liberal says there is nothing more sacrosanct apart from the right to life, than the right to secure property rights, yet it’s the liberals and the nationals who stole them.

Dan McDonald (52:33):

Yes, that’s right, Malcolm. The fact are that that over the last 20 years, a little over 20 years now, the most detrimental impacts, and policy directions in this country have came from the supposedly conservative side of government, the Liberal National Party, it is the coalition at a federal level that have driven this all the way.

Professor David Flint AM is an Emeritus Professor of Law.  He read law and economics at Universities of Sydney, London and Paris. After admission as a Solicitor of the NSW Supreme Court in 1962, he practised as a solicitor (1962-72) before moving into University teaching, holding several academic posts before becoming Professor of Law at Sydney University of Technology in 1989.

Professor Flint is the author of numerous publications. His publications include books and articles on topics such as the media, international economic law, Australia’s constitution and on Australia’s 1999 constitutional referendum. He was recognised with the award of World Outstanding Legal Scholar, World Jurists Association, Barcelona, in October 1991.

He was made a Member of the Order of Australia in 1995.

So David is an expert in constitutional law and I am going to chat about with him about Australia’s Constitution – a document that most people never give a second thought to.  Over the last couple of years, as we have watched our freedoms being eroded, references to the Constitution have reached a level of popularity equivalent to “new best seller”. 

The Constitution is also being misused and mis-referenced and there are a whole lot of crazy stuff going on in the name of the Constitution.  David is going to help me make sense of it all.

Senator Roberts also interviewed David Flint a second time, expanding on these topics and discussing others.

Transcript

Speaker 1 (00:00):

You’re with Senator Malcolm Roberts on Today’s News Talk, TNT.

Senator Malcolm Roberts (00:05):

Thank you for having me as your guest in your car, your lounge room, your men’s shed your kitchen. It’s indeed an honour all over the world to be with you today. There are two themes to me and my show, freedom specifically versus control, and it’s basic for human progress and people’s livelihood. And the second theme is personal responsibility and the importance of integrity. That’s basic for personal progress and people’s livelihoods.

Senator Malcolm Roberts (00:35):

So we have three aims for the show in the terms of direction and tone. I just let you know, now that I’m under apologetically fiercely, pro-human. I’m tired of the media and the politicians ragging on humans. And I’m going to tell the truth about humans and humanity. I’m proud to be one of our planet’s only species capable of logic and loving care. We’ll be positive. We will certainly deal with what’s wrong with politics. But we’ll also deal with what’s needed in politics. We’ll deal with what’s wrong with politicians and what we need in politicians. We’ll deal with what’s wrong with the media, as well as what’s needed in media. We’ll get to the core issues, what’s and all to develop solutions. We’ll cover the human aspects, the strengths, weaknesses, vulnerabilities, failings highlights, and what makes people real.

Senator Malcolm Roberts (01:24):

The second basic aim is to be data driven and factual, truthful and honest. And the third thing I’ve been given and that I comply with and why I’ve been invited to compare this show is to speak out, to be blunt and will certainly be that. Hubert Humphrey who lived from 1911 to 1978, served as the United States vice president from 1965 to 1969. And he said, and think about this as we remember that a private company is locking down private citizen in an age care facility. He said, “The moral test of government is how that government treats those who are in the Dawn of life the children, those who are in the Twilight of life the elderly, those who are in the shadows of life the sick, the needy and the handicapped.”

Senator Malcolm Roberts (02:20):

Well, think about our society in Australia and growing around the world. This week in the news, there were stories continuing regarding age care residents being literally locked because residents and staff have COVID. In some cases, apparently there’s no COVID, but they have been locking down anyway. So today I have two very impressive guests. First up, I have the privilege of talking with Professor David Flint, and this man is not only an expert, he’s a wonderful person. Professor David Flint order of Australian medal is an Emeritus Professor of Law.

Senator Malcolm Roberts (02:57):

He read law and economics at universities of Sydney, London, and Paris. After admission as a solicitor of the New South Wales Supreme Court in 1962, he practised as a solicitor for 10 years before moving into university, teaching, holding several academic posts before becoming professor of law at Sydney University of Technology in 1989. Professor Flint is the author of numerous publications. These include books and articles on topics such as the media, international economic law, Australia’s constitution.

Senator Malcolm Roberts (03:30):

And on Australia’s 1999 constitutional referendum. He was recognised with the order of world outstanding legal scholar. I’ll say that again, world outstanding legal scholar. The World Juris Association Barcelona in October 1991, he was made a member of the order of Australia in 1995. So David’s an expert in constitutional law, and I’m going to chat with him about Australia’s constitution. A Document that most people never give a second thought to. Over the last couple of years, as we have watched our freedoms being eroded references to the constitution have reached the level of popularity equivalent to the new bestseller.

Senator Malcolm Roberts (04:12):

My office is handing them out will very, very frequently. The constitution is sadly also being misused and misreferenced. And there’s a whole array of crazy stuff going on in the name of the constitution. David’s going to help me make sense of it all. Now importantly about David he’s one of the world’s most eminent legal scholars, and professors, in academics, but more importantly he’s one of the people. This man you’ll see him at social functions, gatherings with speakers speaking in the street, he speaks at rallies.

Senator Malcolm Roberts (04:49):

He is truly a wonderful human being. And to give you context, there are eight keys that I have for human progress. The first is freedom. The second is the law rule of law. And the third is the constitution to provide continuing ongoing governance and succession. The purpose of law is to protect people, not control people. So welcome David.

Professor David Flint (05:16):

Well, thank you very much. That is a very kind introduction and I’m honoured to be on your programme.

Senator Malcolm Roberts (05:23):

Well, it’s a pleasure having you here and we’ve met a few times in the past. What is it… David, before we start what is it… Tell me something you appreciate.

Professor David Flint (05:33):

Well, listening to what you said. I do appreciate integrity, but I also appreciate common sense because common sense seems to be escaping so many in public life these days. And I suspect that goes back to belief, to strong belief in principles and a commitment by those in public life towards the national interest and not their personal interest. And I think there’s a lot of that missing today. And not only in Australia.

Senator Malcolm Roberts (06:06):

I think it’s rife in the Western world where there’s something afoot and it’s beyond our national borders, David, but we can see what’s going on. The governments and the parliaments, state and federal level. Their aim is not to control the virus because clearly they have failed at that. Other countries have succeeded in that and the recipes are simple, but the aim is not to control the virus, the aim is to control the people. And yet, we have a constitution to protect us. What is the constitution? What’s its purpose, role? Why is it significant and why is it failing?

Professor David Flint (06:46):

Well, I think we have to remember that we were already self-governing before we entered into our constitution. By the middle of the 19th century, the British had given us self government. We were still part of the empire, but we were governing ourselves with our own system of government and they gave us the one that they knew that is the Westminster system in contrast to the American system. Instead of having an executive who’s independent of the other two powers, we have an executive which is controlled by the lower house, must be responsible to the house of representatives.

Professor David Flint (07:26):

And ours is a collective executive, unlike the American, which is essentially an individual or president, ours is a collective like the British always responsible to the house of representatives and liable to lose office. If they lose a vote or lose the confidence of the house of representatives. Now that’s a good system. It works well. And it has been exported. I think between the American and the British, there’s not much difference except a difference way of dealing with the problem of government.

Professor David Flint (08:01):

And the essential problem of government was set out by Lord Acton. A great English peer and historian who stated an essential principle. And that goes with the nature of man. And that is that power tends to corrupt and absolute power corrupts absolutely. If there’s a lesson in government, that’s the lesson because there’s Madison and all that. One of the great American founding fathers said, man is not perfect, and that’s why we need government.

Professor David Flint (08:38):

But we can’t give if absolute power, there must be checks and balances. The Americans have it in their constitution, we’ve got it in ours. But what our constitution was essentially, was a document to bring six self-governing countries, states, there were still self-governing colonies to bring them together into one country that was its purpose.

Professor David Flint (09:08):

There’s a constitutional system, and then there’s a federal constitution. The constitutional system is wider some of it is not as guaranteed as in the constitution. For a definition of constitution I think one of the very best definitions given by Berlin Broke in England a few centuries ago, in which he said a constitution is that body of laws, customs, and institutions by which the people have agreed to be governed. That assembly of laws, customs, and institutions by which the people have agreed to be governed. So it’s the people who are the essence of this. One of the really great things that happened when our six colonies decided to federate was that in the course of that, it was firstly, that was the process.

Professor David Flint (10:10):

When we first had a convention appointed by the state parliament, it met together, they drew up a constitution. And then when it was sent back to the sixth state parliament, they all bickered among themselves, tried to do it again. And there was a conference held at a place called Corowa, which was on the border of New South Wales in Victoria. Important in those days, because we had tariffs between the colonies. If you wanted to transfer goods from one colony to the other, you had to pay a tax. And that of course was inimical to forming one country.

Professor David Flint (10:50):

People met at Corowa was a private conference, a conference of people. And they came up with a solution to the problem of overcoming the politicians, and getting a constitution which could unite this country, the first continent of the world to be formed into one country. So they met in Corowa a man there called Sir John Quick, who’s not remember today, no school child wouldn’t know anything about him, but he came up with a proposal which was adopted by the conference.

Professor David Flint (11:25):

And that was the future conventions should instead of being appointed by the state or colonial parliament, they should be elected directly by the people. The second part of his proposal was that when the convention had decided on a constitution, on a draught and sent it out for discussion by the people, by the six colonial parliament, it would then come back to the convention. They’d settle the final form, and then the way of getting it approved would be to have referendums in every colony.

Professor David Flint (12:15):

So we had six referendums. New South Wales was proved to be a little difficult so it had to be done again, but eventually it was all passed. It was the people who agreed to the constitution and because they had that model in it, they put in a vital part of the constitution. In fact, the prime minister of South Australia as the premiers used to be called Charles Kingston, wanted to introduce into the constitution, not just having a referendum, not just require a referendum for changing the constitution, but also introducing more control over the politicians so that the people could in relation to any new legislation, stop that legislation. If they petitioned for a referendum and the people in that referendum decided they didn’t want that piece of legislation.

Professor David Flint (13:19):

So he was going to introduce much more of what we call direct democracy. America, Australia, Britain, we’re all representative democracies. We elect people to represent us. And then the past laws on our behalf. In Switzerland, and in later years in parts of the United States and Canada, they’ve introduced more direct democracy. And what that means is that the politicians are much more accountable to the people than they are in a pure representative democracy. There’s a Sword of Damocles hanging over the head of every politician, which is the ideal. I know you won’t like that Malcolm.

Senator Malcolm Roberts (14:11):

No, no. No, no. David, I love that idea.

Professor David Flint (14:15):

You’d love it. Good. And it’s wonderful because you are a good politician, but there are not many who follow, who do what the people want. And if the politicians did something which the people don’t like, the idea is, well, they could by petition ask for a referendum to decide whether that should happen. To take it a step further they could even have a referendum in which they propose their own legislation, which then has to be adopted.

Professor David Flint (14:50):

Now, some people say that won’t work, it works very well in Switzerland, every three months, every three months, they have a number of referendums, which the people propose and being a federation, they proposed at the central level, the federal level they’re also propose is at the state level, they call them cantons at the state level. But also at the municipal level, the local government level. And you don’t have to vote if you don’t want to.

Professor David Flint (15:21):

It’s not compulsory as in Australia, but it does mean that everybody can have a say and the people can make decisions, which doesn’t prove the quality of government and certainly improves the quality of politicians. So we have a federal constitution, and those parts which essentially relate to creating a single country. Those can only be changed by the federal parliament proposing referendum and the people then agreeing to that. But not everything is covered, not everything in that constitutional system is covered by that.

Professor David Flint (16:00):

And two things which are not covered in the constitutional system came out very much during the crisis over the pandemic. And this was that most of the decisions the politicians were made on the quite often on the spur of the moment too often for political reasons, rather than genuine health reasons. And they were made by way of regulations. That is by the executive government quite often just by a minister. And that was never envisaged to work that way.

Professor David Flint (16:47):

And this was done without any parliamentary scrutiny. Even in colonial times we had two checks and balances on the making of regulations, which seemed to have been whittled away. One was that for important regulations to be made, these had to be done by the governor in the executive council. The governors in Australia is appointed by the crown on the recommendation of the local premier or the federal government. But the role of the governor or the governor general is as a sort of auditor to see all the [inaudible 00:17:33]in the two he’s crossed that all the proper details are there before regulation is adopted and it’s adopted properly.

Professor David Flint (17:43):

Instead of, as for example in New South Wales, there’s a moment in New South Wales, one of the Australian states where during the pandemic, the premier that’s the first minister, the prime minister of the state. The premier decided suddenly that we should close down the building industry. It was closed down for two weeks until there was enormous amount of outrage over it. But that cost $2 billion put a lot of people out of work, stopped all building in the cities. And even the bureaucratic medical advisor said, “Well, I didn’t advise that, there were no health reasons for that. It was just that the premier thought this is a good idea at the time.”

Professor David Flint (18:36):

Now that should have gone to the executive council, it should have been put to the governor who wouldn’t decide on the merits. The governor would just make sure that all the documents there, the argue were there. And most importantly, that this was in power because the regulation about closing the building industry was being made under health legislation. And surely there would have to be documents there supporting the case for some health reason to do that. But in addition to having the executive council, what we thought of, and this was in colonial times. Wat we thought was also an important check and balance was that the two houses of parliament and all states except Queensland in Australia have two houses and governments rarely control the upper house.

Professor David Flint (19:31):

The two houses of a parliament exercised close scrutiny over regulations. They call for evidence. They call the minister before them to explain why this regulation was made. And they have a power of disallowance governments, as I say, rarely control the upper house. And if the cross bench and the opposition joined together, they can quite often get a majority. And a lot of the excesses might have been stopped in the upper house after a proper scrutiny. But those two things, both of those two things disappeared during this crisis. And quite often, the power to make regulations for health was abused.

Professor David Flint (20:24):

In what lawyers would call misfeasance in public office. The trouble with the laws, you would know Malcolm is it takes a terribly long time for a case to come on. If you want to argue that the government has exceeded it’s powers in making regulation, it can take years. A few years ago, we had a ban on the export of live cattle to Indonesia. There were complaints that in some abattoirs in Indonesia, the cattle were being treated cruelly. So the minister adopted a regulation banning cattle to those abattoirs were ones where there might be inhumanity to the cattle. They weren’t being treated properly. But then a few days later, because of pressure from the left, from the ABC and other sources, the minister issued a second regulation.

Professor David Flint (21:32):

And that was to totally ban all export of cattle from Australia. That was done suddenly, it ruined farmers, it ruined people working for farmers, it ruined people working the ports. People lost their jobs. Those people who suffered were indigenous people. We have a great concern in Australia about the indigenous people. They also suffered all done suddenly, and they all decided to assume about this. It took almost 10 years to get together the facts, get together a case and get a ruling by the judge who found that there was in fact misfeasance in public office that the minister went too far.

Professor David Flint (22:21):

Now, damages are being worked up, but guess who pays the damages? Not the minister he’s in retirement. He’s got other jobs, no doubts, consultancies, and so on. He’s living well. The government’s living well. When the damages are worked out, it’ll be the poor old taxpayer who’ll pay the damages, but it took a long time for that case to come on.

Senator Malcolm Roberts (22:44):

David, can I interrupt you there for a minute, please? Well, actually we’re going to have to go to an ad break. This is wonderful. It is absolutely wonderful. What I would like to do before going to the ad break is to summarise for our listeners and then go to the ad break and come back and let you continue. And I’d like to get onto a couple of specific things after we come back. For now my summary is that you mentioned Madison and you mentioned that man is not perfect.

Senator Malcolm Roberts (23:13):

And Jefferson recognised the failings of humans. And he recognised we need to protect individuals in government, in Congress, in parliament, from those failings, because everyone has them. The second thing is that you have made it very, very clear. The core of the whole parliamentary process should be the people. You’ve also said that there is a need for a solution to overcoming the politicians. You’ve also said that it was the people who agreed to the constitution. You’ve also said that it’s the politicians who must be accountable to the parliament and that they aren’t.

Senator Malcolm Roberts (23:56):

You’ve also said… Implicitly, sorry, I’m going to extend what you said here. Leaders, in my opinion are servants. There is so much material you are raising that I would like to invite you back now for a second show sometime in the future, if you could do that. But leaders are servants. Whether it be in business, corporations, clubs, parliament, football clubs, the community leaders go and listen to people and then develop a vision. And then they have to convince people that their vision is the best solution. If the people believe it is they will follow.

Senator Malcolm Roberts (24:33):

The whole of this COVID nightmare, this mismanagement has been atrocious in Australia. The whole thing is about control of people not serving the people. This is not… And the leadership has not been about leadership, it has been about coercion and forcing sometimes brutally and inhuman immoral ways. You’ve mentioned that there’s a lack of parliamentary scrutiny. I couldn’t agree more. David, this is echoing throughout the west because the west is under people now who want to control the people and it’s happening in the west. And perhaps that’s for another discussion in the future.

Senator Malcolm Roberts (25:12):

But I do want to finish with the words of Jeannette Young. She was chief health officer for Queensland during most of this mismanagement. She admitted to her credit that as chief health officer, she was responsible only for people’s physical health. The premier is a really guilty one here in Queensland and right throughout the country, because the premier abdicated, she said, “It’s all about physical health.” Well, that is complete rubbish. It is about people’s economic health now and in the future. You mentioned the construction industry in Victoria being brought to its knees for no valid reason. She also ignored the premier up here, ignored people’s mental health. They did nothing to do that. And they made it far, far worse, all to control people.

Senator Malcolm Roberts (26:06):

And now you’ve told us how suing parliament to prove malfeasance takes a decade. And that’s because the damn parliamentarians are not doing their job. And you finished with one key statement. Always the people pay the price. And that’s what makes me sick because I’ve noticed this time and time and again. The government stuffs it up. The parliament fails to hold them accountable because they’re both working together and the people pay the price. So let’s go to an ad break now and come back and listen more to professor David Flint.

Speaker 1 (26:44):

You should hear what Patrick Hening’s talking about.

Patric Henson (26:47):

They outsource a lot of this what they call Turk work, believe it or not, Amazon coined that term called Turk work. So they farm all this stuff out to various places around the globe. Try to take advantage of the cheaper labour. No, in theory, there’s nothing wrong with that. Yes, they are creating jobs to some degree, but that’s not the point. The point is this, the point is that either algorithms or some completely unqualified person in a foreign country is actually, looking at the dashboard and deciding what gets banned, what doesn’t get banned. And most of the times the people making these, the human decisions on this, they have no idea what the issues are.

Speaker 1 (27:30):

Patrick Henson on Today’s News Talk-TNT radio.

Yon (27:35):

Using meth taught me everything about freedom. Only, not like you think it taught me how easy it is to lose your freedom. If you think meth is taking control of you, ask for help, you have the power to be truly free. I know I’m Yon and I’m free from meth.

Speaker 6 (27:53):

If you or someone you know, is struggling with meth, call 1800-662 help for 24 hour free and confidential treatment referral. Learn more at samhsa.gov/meth.

Speaker 7 (28:04):

A few years ago, Steve Fair Cow’s lungs were failing.

Steve Fair Cow (28:08):

I don’t think I had more than a couple weeks to live.

Speaker 7 (28:11):

That’s when Steve received a lung transplant made possible by an organ donor. Now Steve could do things he never imagined like climbing 94 floors to the top of a skyscraper.

Steve Fair Cow (28:20):

I never knew that breathing could feel this good. It’s an incredible gift.

Speaker 7 (28:24):

What could you make possible as an organ organised tissue donor leave behind the gift of life. Go to organdonor.gov, US department of health and human services, health resources, and services administration.

Speaker 1 (28:36):

This is the Malcolm Robert show on Today’s News Talk radio-TNT.

Senator Malcolm Roberts (28:40):

Welcome back. And thank you for having me as a guest along with professor David Flint, as a guest, wherever you are. Professor Flint has just given us a very, very comprehensive, yet succinct summary of the constitution in Australia. Professor Flint, before we move on to you’ve identified some problems in our constitution before we move on to discussing some of this solutions, perhaps you could deal with some questions on something that is at the moment, occupying a lot of hype, particularly on social media, regarding people serving papers to public officials under the banner of the wait for this, the international court of common law in the high hope that we can restore our freedoms. What is the common law courts?

Professor David Flint (29:31):

Well, the international court of common law or something I would suggest when people receive these documents, they should look up. They should Google it because I regret to say it doesn’t exist. The top court in Australia is the high court of Australia. There’s no such court above the high court of Australia. In fact, such a court does not exist and people are being misled by this. I can understand there’s a great need for change. And I don’t agree with all of the decisions of the high court. I disagree with a number of them, but one has to accept them because those are the decisions we have, but what we have to do rather than being way laid by something, which doesn’t exist.

Professor David Flint (30:21):

These documents concoct a court which has no presence. And you’ll notice that quite often, there are not many names on it of judges whom you could check on as to whether they exist. These documents relate to something that somebody is creating for their own purposes. And I can understand people feeling upset and dissatisfied with the system. And there’s a very full reason for this as I’ve quite often said it’s hard to think of any one problem confronting Australia, probably many other countries, hard to think of any one problem confronting Australia, which is weren’t created by politicians has not been made significantly worse by them.

Professor David Flint (31:06):

And we have to have a system which overcomes that. Australia is in a particularly poor position because in Australia, we have a situation where a rigorously controlled two-party system has been captured not by the members, but by cabals of power brokers who control pre-selections. Who are making quite often a lot of money out of government transactions. It is much more controlled in Australia, for example, than in the United Kingdom. Just take for example, question time in the house of representatives and compare it with question time in London, at Westminster.

Professor David Flint (31:49):

At Westminster, it works properly, real questions asked. In Australia questions asked from the government side are written by the whips, the officials in the party, the ministers know of them in advance. And they say, “Thank you for the question without notice.” And they know it’s not a question without notice. It is a choreographed third rate theatre, unlike the situation, in west minister, where quite often you get it in the house changes among the party members who just cannot abide with what their government is doing for example-

Senator Malcolm Roberts (32:28):

Can I jump in for a minute, please Dave?

Professor David Flint (32:30):

Sure.

Senator Malcolm Roberts (32:32):

In fact, members of the Labour party, the Liberal party, the National party have told me that question time is theatre. Much of parliament is theatre. And I sit back, I’ve never yelled out in parliament. And I sit back and I look at these monkeys and I think they are showing so much disrespect to the people, perhaps before we go on to the changes necessary. So what you’re saying about these, the international court of common law is that it’s not real. So who are the sheriffs? The judges that are mentioned are they self-appointed?

Professor David Flint (33:09):

Well, do they exist? There are names there. Sometimes there are names. Sometimes there are no names, but do they exist? Are they real people? And what is the purpose of this? People are being misled, unfortunately. And the solution is very simple as to ascertain whether this is real. Do a Google search or take it to a lawyer and say, “Well, can this be progressed?” And the lawyer will now tell you, “Well, this is not a real document. Quite often as a nice seal on it, but it’s not a real document.” And I cannot understand the purpose of this. We have a problem, a serious problem as this is not the solution. I think that if I may go onto the solution, the solution is-

Senator Malcolm Roberts (33:58):

Prof, before we do it, just a couple more questions on the specifics, please David.

Professor David Flint (34:01):

Certainly.

Senator Malcolm Roberts (34:01):

So someone’s put a lot of effort into creating these documents. What do you think they hope to achieve? And is it an act of desperation and can they get away with it?

Professor David Flint (34:09):

No.

Senator Malcolm Roberts (34:10):

They claim to be charging people under fake court orders.

Professor David Flint (34:14):

Well, you’ve got the declarations that they found a number of governors and premiers and the prime minister guilty of treason. And others, guilty of misprision of treason that is of hiding treason or letting people get away with treason. Now that’s a very serious offence that would involve life imprisonment in Australia, along with the death penalty but’s very serious. These just do not exist. There have been no such trials. There are no such courts. It is being run for some purpose, perhaps it’s somebody using this to try and get votes, to get into parliament. We don’t know what it’s all about, but it is not true. A few years ago, there was a similar thing where, because the government is registered on the financial markets in New York and it has the state as a corporation.

Professor David Flint (35:14):

This led to a great debate that the government had turned itself into a corporation. That the wrong seal was being used because the seal had changed. That the queen’s title had become the queen of Australia by legislation, which is perfectly proper. All of these were pointless, and they would’ve carried no water in any competent court. And it was very difficult to see for what purpose this was being undertaken? People have to do something about the serious problems that we just lived through, but they won’t do it by being sidetracked by this nonsense.

Senator Malcolm Roberts (35:53):

So these people are essentially misleading for potentially political purposes. Well as significantly they’re wasting politicians time. They’re wasting the public’s time. They’re wasting the people’s time. They’re diverting valuable attention, time, resources, and cruelly. They’re giving false hope.

Professor David Flint (36:15):

That’s the worst thing.

Senator Malcolm Roberts (36:17):

And to me, I know that a simple definition of fraud is the presentation of something as it is not for personal gain. So if people are doing this for political purposes and to mislead people and to scrounge votes, then this is fraud. And that’s very, very hurtful fraud.

Professor David Flint (36:34):

It is. It’s because people are being lulled into believing that there is a simple solution and there’s no such solution. This is fabricated. And as you say, this is a fraud and it should be ignored because it is such a fraud. And if the police are involved, they should be involved about the fraud. I noticed there’s a script there to go along, see your policeman, what to say about your police-

Senator Malcolm Roberts (37:00):

There is a script in this so-called international court of common law summons.

Professor David Flint (37:06):

You take eight people along to the police and you say, “Go through the script.” Now this it is unfortunately nonsense. And understandably. If people fabricated a statement concerning medical treatment, well, I wouldn’t know what it was all about, and it could well be fraudulent. And that would be just as bad because this is fraudulent. It has no effect and it will cause no advantage and it won’t solve anything.

Senator Malcolm Roberts (37:37):

And as a member of the federal Senate. I agree completely with you that our country has been dragged down. To me there is not a problem with the constitution, but with the way the processes outlined in the constitution are not being followed bypassed. You’ve already talked to us about two of those. Most decisions are being made by politicians on the spur of the moment. Secondly, for the political benefit. Thirdly, by regulations at a time when the Senate doesn’t sit to disallow. So you’ve already mentioned those. You’re going to mention a few solutions now. Could you tell us the solutions because understanding is our constitution is a wonderful document, but it’s not perfect. What would you do to make it perfect?

Professor David Flint (38:26):

Well, and if I may refer to it, I do have a petition on this. May I refer to the short title for that, that’s change.org/takebackyourcountry, change.org/takebackyourcountry. And firstly, people must be very careful in elections. The major political parties are under the control of cabals of power brokers, and people should be very careful how they vote. And in particular, which parties they give their first preferences to. And it would be a mistake I suspect to give your votes to the major parties, at least your first preference votes, who should be looking at the smaller parties who offer sensible solutions, that’s important.

Professor David Flint (39:22):

And the second thing is we desperately need significant change. We do need to make the politicians accountable. And the best way to do that is to demand that a convention be elected by the ordinary people of Australia, whereby certain important changes could be made to the constitution. The most important change is to empower the people so that the politicians don’t have to face the people quite often in confected election. The elections are confected because the pre-selection are often prearranged and people by habits tend to vote for the major parties.

Professor David Flint (40:07):

It’s not like the United States where there’s much greater flexibility in relation to choosing candidates. In Australia the choice of candidates is controlled very much. In America, particularly in the Republican party it’s a wonderful system. And that allowed Donald Trump to emerge as the dominant candidate in the last presidential election, because the control of the pre-selections is not in the party bosses because the selections are done not only by members of the party, but also registered supporters of the party. So you get a very democratic way of choosing candidates we don’t have them in Australia.

Professor David Flint (40:51):

What we need in Australia is we need a convention like the choral war convention, which wrote and founded our country. We needed a convention, an elected convention for the people to review the constitution on the Corowa principles. It’s all set out in my proposal. This is very important because if we don’t make changes to the constitution to block the politicians, to make accountable 24/7. You know, Malcolm in most jobs as you would know, you’ve held jobs, you’ve had real life experience. Unlike most politicians, who’ve only had a political life.

Professor David Flint (41:36):

You’ve had real life experience and you know as I know that in most jobs, in most businesses, you’re subject to accountability, you’re accountable to your customers, your clients, to your bosses and so on. You’re accountable, 24/7. The politicians aren’t, they’re only accountable in these elections. And when they confect the elections where the pre-selections are done by the party bosses, you’ve got a situation where the people’s voice is not there because of the habit of voting for one of the major parties like we desperately need change. And I’ve suggested in this petition, the changes which the convention should make to the constitution.

Senator Malcolm Roberts (42:21):

Are they the five Rs?

Professor David Flint (42:24):

Yes. The five Rs. And very briefly I set them out in that petition. The five Rs are that at this convention, we’ve got a return to the constitution because we’ve got a way for the constitution. Our high courts, like the American Supreme courts has too often indulged itself with the judges deciding that the constitution means what they want it to mean. And we’ve seen several cases of that in America, where the Supreme court has written things to the constitution that are just not there. For example, a constitution right to abort.

Professor David Flint (43:04):

There’s nothing in the constitution about that. They invented that. So firstly return to the constitution. Secondly, reduced Canberra’s powers and taxation because Canberra powers have been expanded beyond that in the constitution. The high court has given Canberra powers the people never agreed to. And I went through a number of powers. I was looking at them and I found sometimes the people had refused to give the federal government a power up to five times in referendums. They refused to give them that power up to five times.

Professor David Flint (43:45):

And what’s happened is the high court has given them that power, which is completely wrong. Then we’ve got to reform the political parties. The political parties get enormous advantages, financial they get a money for each vote. They get exemptions from a number of pieces of legislation, electoral privacy and so on. In return for that, they should have to be open, transparent and democratic. They don’t want to be open, transparent, and democratic and run by the members. Then they wouldn’t get all of those advantages. The third R is reform the political parties. The fourth is recall elections. We’ve got to be able to give the people the power to create an election as they can in California.

Professor David Flint (44:35):

We’ve got to have the same power in Australia, whereby petition there can be a vote on whether there should be an election. And finally referendums initiated by the people. The people should have the power to initiate referendums, to stop legislation, to initiate their own legislation, to initiate regulations if they wish. All sorts of things that the people should have the power to do. And we should give that power take it away from the politicians and give it to the people.

Professor David Flint (45:06):

This is what we must do, and that can only be done through a convention. And the politicians will only allow a convention to be elected with appropriate powers. If there’s an enormous demand for that, they’re not going to give the people of Australia any extra power they’re going to hold onto it and abuse it and use it for their own benefit.

Senator Malcolm Roberts (45:31):

Well said, well said, that’s exactly what happens. The everyday Australian though provides a conundrum because David, the people are responsible, ultimately. Who we vote for determines the composition of our parliament. And that means that we ultimately responsible for the mess and which our country is now in. However, what you are saying is that the system has been corrupted and the people are being bypassed. You’ve said that with the people being hoodwinked and bypassed yet the yet… Sorry, the people are quite smart.

Senator Malcolm Roberts (46:13):

We as voters are quite smart, we’ve knocked the politicians back on their changes to parliament on the changes to the constitution. Yet we are bypassed by the high court. So I just realised we’ve only got seven minutes left and I’d like you to take it right to the end of the programme. So let me go through a summary for people now. And then I’ve got one question and then let you continue. Your petition is at change.org/takebackyourcountry. The major parties you said are under the control of cabals of power brokers. That is exactly what is happening.

Senator Malcolm Roberts (46:51):

I know from being inside parliament, that is ex exactly what’s happening. So therefore what I’ve been saying to people is, and pretty much your message, put the majors last. You want a constitutional convention, elected by the people for representatives attended should be reelected by the people. I’d like to get your views sometime about Trump. You mentioned the key in all of this accountability, and that’s been missing in federal parliament. Pauline Hanson. And I try to get accountability. We held them accountable verbally at times, and we get the message through.

Senator Malcolm Roberts (47:29):

Yet it is so difficult being the only two that are really doing that. We need to return to our constitution. It’s been bypassed, undermined, we need to get back to it. Professor David Flint provides solutions with the five Rs. Return the first of all return the government to the country. Return the government of the country to the principles set out in the constitution and agreed in our old constitutional system. Get back to our constitution, return. Number two, reduce Canberra’s powers and excessive taxation, which is part of the first return to our constitution. Now, number three, reform the political parties.

Senator Malcolm Roberts (48:12):

Number four, recall elections. Number five referendums that is comprehensive. David before getting onto whatever you want to close the show with for the next five minutes. Could you tell me effectively we are a Republic already? Aren’t we? I know we’re a constitutional monarchy and as a young man, I didn’t want the British to be running out country. I realised they don’t. And When Malcolm Turnbull’s dreadful referendum proposal was put up, I listened to three high court judges, including Harry Gibbs, who was at the time, the chief justice, I believe. And I immediately changed my mind and protected this constitution. And I have been ever since. We’re effectively a Republic. Are we not or?

Professor David Flint (49:03):

Yes, we are. And even Britain in 1688, the Glorious Revolution that was referred by Montesquieu as a disguised Republic, because the idea of the king having great powers disappeared in 1688. But we have in Australia effectively, a crown Republic. If we’re anything, we’re a crown Republic. In fact, we are a constitutional Commonwealth. We chose the name Commonwealth, which is the English word for Republic. And if you look at the definition of Republic and the Corel dictionary, the Australian dictionary you’ll find that we fit in with easily most of the definitions of Republic and argument, certainly the other one.

Professor David Flint (49:49):

But the point is that the we’ve chosen the Westminster system. There was an option at the time. Not many people know about this, an option at the time during the conventions, there was a proposal that the governor general be allowed to develop into effectively, a president elected by the people that was a proposal. And that was rejected strongly, not because of a debate over monarchy or Republic. It was because our founders decided that after experience the United States and in the United Kingdom, they said it’s better to have a collective executive rather than a one person executive, who’s very difficult to remove. That was their argument. And sometimes I think that’s probably better, but when Margaret Thatcher lost office, I thought, “Well, that wasn’t so good.”

Professor David Flint (50:44):

When Donald Trump was elected, I thought it wonderful because I didn’t know anything about him. You asked me about him. I didn’t know anything about him, but when I looked at his Gettysburg address and I saw what he was going to do. I thought if he does a third of that, he will be wonderful compared with his predecessors back to Ronald Reagan. And I wrote two pieces for the Sydney daily Telegraph for, and received an email, for example, from a friend in Thailand saying, “Have you lost your marbles?” But I thought that Donald Trump would be a brilliant president. He turned out even better than I thought he was. And this is one of the problems we’ve got you.

Professor David Flint (51:20):

You talked about the people voting the wrong way. Well, the problem is the press, the media, the media supposed to be there to exercise their vast powers and liberties to tell the truth, to inform the people. But we saw in the United States, the mainstream media joined up with those power who wanted to get rid of Trump, who that they, for example, they suppressed with the social media, all the information that people ought to have known about Biden and his role, the Biden family in their role in selling access and influence when he was vice president to foreign oligarchs. And that was an outrage and a new book has just come out by Peter Schweitzer, who points out that the Biden family has received 31 million.

Senator Malcolm Roberts (52:21):

I’m going to have to interrupt you there, David, because we are getting to the news break. Would you come back, please?

Professor David Flint (52:29):

Certainly.

Senator Malcolm Roberts (52:30):

Thank you very much. We have a lot of more territory to cover. This is Malcolm Roberts. I am staunchly pro-human and believe in the inherent goodness of human beings. We need to care for and love one another and remain proud of who we are. We’ll be back after news with another guest to apply what David is telling us.