Latest news with #AustralianConstitution
Sky News AU
5 days ago
- Business
- Sky News AU
Reports TikTok threatening 'constitutional challenge' against Labor's social media ban, raising foreign influence concerns
Chinese-owned social media giant TikTok is understood to have threatened a constitutional challenge against the Albanese government's under-16s social media ban, raising concerns about the influence Beijing has on Australian lawmaking. Multiple sources familiar with the matter told that TikTok engaged high-profile barristers to confront Communications Minister Anika Wells threatening to blow up the entire child ban scheme with a constitutional challenge. TikTok denies this, telling 'no such threat has been made by TikTok'. It is understood the legal threat was linked to the implied freedom of political communication under the Australian Constitution. TikTok has been unhappy YouTube was given an exemption based on educational grounds, previously calling the carveout a 'sweetheart deal'. In response to the threat, Labor appears poised to either break a key promise and revoke YouTube's exemption, or change the policy more broadly to allow platforms such as TikTok to apply for exemptions. Minister Wells did not respond to detailed questions on the matter. Prime Minister Anthony Albanese and his frontbench are facing growing criticism from independent politicians that his government has failed on transparency pledges. If Minister Wells makes a significant policy change in line with TikTok's demands, it would raise serious concerns about Beijing's influence on Australia's domestic affairs. YouTube is banned altogether in China and the superpower is locked in a tech race with the US over AI and social media. The legal threat, and lobbying efforts by TikTok in general raises fresh questions about foreign influence over domestic policymaking and adds to debate about the government's transparency and handling of lobbyists. Secret TikTok meeting sparks transparency concerns recently revealed that Ms Wells' office held an 'introductory meeting' with TikTok shortly after she took over the communications portfolio in May 2025. That meeting took place around the same time that news broke the government had already decided it would strip YouTube's exemption from the social media restrictions. This was despite Prime Minister Anthony Albanese himself previously approving the exemption and lauding YouTube for its 'educational and health support' benefits. However, Minister Wells shrouded the lobbying process in secrecy, refusing to disclose who lobbied her, when, or what was discussed. Many crossbench politicians, including Centre Alliance MP Rebekha Sharkie, Australia's Voice senator Fatima Payman and One Nation leader Pauline Hanson argued against Ms Wells' ban. Ms Payman said the developments raised extremely important questions about the government's susceptibility to lobbyists and possibly the Chinese government. 'The antidote is transparency' Independent Senator David Pocock said the government's refusal to provide clarity on the issue was part of a wider transparency crisis. 'I think there should be far more transparency across the board,' Senator Pocock told reporters at a press conference about the Albanese government's lack of transparency. 'There's some real questions about how the age assurance is going to work (in the social media ban laws). 'One of my big concerns is that when there's a lack of information, when there is a vacuum, that gets filled with all sorts of misinformation. 'And the remedy to that, the antidote is actually provide people with information. Be more transparent.' Damning new research from the Centre for Public Integrity revealed that the Albanese government has the worst transparency record in more than a decade. The proportion of freedom of information requests fully complied with has sunk from about half in 2021-22 to just 25 per cent under the Albanese government in 2023-24. 'Labor talked a huge game in opposition about transparency—They've come in and been one of the worst governments since 1993,' Mr Pocock said. Greens Senator Steph Hodgins-May joined the criticism, calling the government's actions 'deeply concerning'. 'What is this government trying to hide? ... We need decisions to be made in the open, not behind closed doors.' Shift under pressure The Albanese government's apparent reversal on YouTube marks a significant policy shift from its earlier public stance. Prime Minister Anthony Albanese had previously defended YouTube's exemption, calling the platform vital for 'education and health support'. But in recent months, lobbying from TikTok and eSafety Commissioner Julie Inman Grant pushed the government toward including YouTube in the ban. YouTube educators Bounce Patrol said they were excluded from consultations by Ms Wells and her office. Creator Shannon Jones said she reached out to the minister's office to provide input but never received a reply. 'I reached out… but haven't heard back… Everything is just being done so fast, like it's all being considered and decided in the space of a week,' she told National security risks ignored The developments also appear to contradict advice from the 2023 Senate Select Committee on Foreign Interference through Social Media. The committee warned that TikTok and its parent company ByteDance posed 'unique national security risks' and could be a tool of foreign interference. Despite TikTok being banned from government devices, it continues to wield influence as a 'stakeholder' in legislation. Chinese Premier Li Qiang recently delivered a thinly veiled warning to Mr Albanese over treatment of Chinese businesses, like TikTok, in Australia. 'I trust Australia will treat Chinese enterprise fairly and properly resolve issues regarding market access and investment review,' he said. 'Economic globalisation has encountered headwinds. Trade frictions continue to increase. 'We hope that you will embrace openness and co-operation, no matter how the world changes. 'You should be promoters of economic and trade co-operation so that our two countries will better draw on each other's strengths and grow together.'
West Australian
23-07-2025
- Business
- West Australian
Former WA senator turned Forrest MP shares personal heartache as driver in bid to return to Parliament
Forrest MP Ben Small has spoken of the loss of his 30-year-old sister as a driver for his political motivations after winning his bid to return to Parliament. Speaking for the first time on the green-carpeted floor of the House of Representatives, the former WA Senator drew on several pivotal moments which had shaped his journey to Canberra. 'I couldn't possibly rise in the House today without acknowledging the people that have supported me, shaped me, and challenged me in the many chapters of my story so far,' Mr Small said. 'The sudden death of my younger sister at the age of just 30 has taken me years to process fully. 'I've seen so many grieving families on their worst days, but on mine, seeing my mum holding my dead sister's babies in her arms is an image seared in my mind. 'For me, this perspective anchors the political struggles that play out each day in this building, against what really matters in life – especially the value of those incredible people who share our journey in life, and to whom in our busy lives we often don't pay enough care and attention.' Mr Small had been preselected for the blue-ribbon seat in WA's South West region — which has been held by the Coalition for more than 50 years — after Nola Marino retired before the election. She had held the seat since 2007. Despite having to fight off a tight contest with independent Sue Chapman, Forrest was one of several silver lining regional seat wins for the Liberal Party - alongside Durack, O'Connor and Canning — after being smashed in the Perth metro. Mr Small also used his speech to stand up for small business, expressing that retape and energy costs needed to be addressed this term to prevent further businesses going under. His speech comes three years after leaving the senate, where he had served for 18 months. Mr Small had first filled a Senate vacancy created when former finance minister Mathias Cormann retired in November 2020. He was then forced to resign in April 2022 after a breach of section 44 of the Australian Constitution as he was a dual citizen with New Zealand. Mr Small's speech was one of 22 across both houses in this sitting block. Fellow West Aussies Tom French for Moore and new WA senator Ellie Whiteaker expected to also speak later on Wednesday. His speech received a standing-ovation from his Coalition colleagues. It was the only Liberal first speech scheduled in the lower house this week.
Sky News AU
22-07-2025
- Politics
- Sky News AU
'De facto Australian President': Governor-General Samantha Mostyn makes 'political' media blitz to woo progressive outlets ahead of parliament's opening
If you haven't already noticed, something odd is going on. The Governor-General of Australia, Samantha Mostyn, appears to have embarked upon a public relations campaign. Since speaking with SBS on 17 October last year, which the broadcaster itself described as 'a rare, wide-ranging interview,' Mostyn has appeared across or provided comment to several media platforms. In the last couple of months alone, she has spoken with Nine's newspaper arms, The Sydney Morning Herald and The Age, as well as A Current Affair. She has also featured as a podcast participant for Missing Perspectives and, just recently, The Daily Aus. This is highly irregular behaviour for a governor-general, even if it might otherwise reflect Mostyn's career in corporate affairs. Historically – that is, beyond the last twenty years – Australian governor-generals have not sought to occupy the limelight; rather, they have quietly discharged their constitutional duties, as well as supported the organisations they patronise. Moreover, the actual substance of Mostyn's most critical contributions to the media are grave. 'The King doesn't direct me,' she says, as printed by Nine's newspapers, 'and I don't seek his advice; it's the prime minister and the ministry I take my counsel from, and that I work with.' '[Australia has] a historical connection to the monarch, but that has no bearing on the way in which I conduct myself in the role,' she reaffirmed to The Daily Aus. Mostyn's words totally misrepresent the constitutional nature of her office; she is the King's vice-regal representative in Australia, bound by the authority of the Crown. The Australian Constitution is perfectly clear in Section 2, where it states that the governor-general 'shall have and may exercise in the Commonwealth during the Queen's pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign.' This, obviously, has a bearing, at least to some extent, on the way the governor-general conducts their duties, with those duties emanating from an office that without the Crown has no reason to exist. Mostyn's claim concerning the granting of royal assent to bills passed by the Australian Parliament – that she 'can't read the bill and [ask] questions' about it – is also not within the spirit of the Constitution. Section 58 provides our Governor-General, 'according to his discretion, but subject to this Constitution, [to declare] that he assents in the Queen's name, or that he withholds assent' to 'a proposed law passed by both Houses of the Parliament.' The Governor-General, Her Excellency the Honourable Sam Mostyn and Prime Minister Anthony Albanese during the swearing-in ceremony at Government House, Canberra. Picture: NewsWire/ Martin Ollman Assent is not a rubber stamp just because convention requires it be granted in all but extraordinary circumstances, any more than weapons of mass destruction are superfluous if a suitable occasion to deploy them never arises. The writings of Sir Paul Hasluck affirm this, holding that Section 58 exists not so that elected representatives can be 'overruled' by governors-general but so that governors-general can 'check elected representatives in any extreme attempt by them to disregard the rule of law.' Sir David Smith concurs, arguing that, more broadly, a governor-general's 'presence in our system' is not about how much power that position itself has but, rather, how much 'absolute power' it denies to those 'who are in' government. It is concerning, then, that Mostyn, who describes herself as 'a constitutional law nerd,' told Nine Newspapers: 'As the governor-general, you should always be conscious of maintaining the kind of relationship with the prime minister and the government where, if you see trouble ahead, you work with them to avoid the trouble.' One wonders what Smith, who served as Sir John Kerr's official secretary during the Dismissal, might think about that. Beyond interpreting her constitutional duties before the public eye, Mostyn has seen fit to detail the changes – seemingly small, yet so very consequential – she is making to her office, ever with increasing confidence. For instance, she has moved Nathaniel Dance's famous 1776 portrait of James Cook, formerly centred in Admiralty House's entrance hall, to a poorly-lit crevasse behind the stairs. Cook's painting has been replaced with a work by an Aboriginal Australian artist. Mostyn's team has moved Nathaniel Dance's famous 1776 portrait of James Cook, formerly centred in Admiralty House's entrance hall, to a poorly-lit crevasse behind the stairs. Picture: Nine/A Current Affair Cook's painting has been replaced with a work by an Aboriginal Australian artist. Picture: Nine/A Current Affair Furthermore, in her podcast with Missing Perspectives, Mostyn goes as far to outline her ambitions for certain legislative agendas, including wage reform and subsidised childcare, only to eventually add: 'Now, I can't speak to… policy in this role.' It is a disclaimer that should never need be expressed in the first place; unequivocally, governors-general cannot be involved with any part of the policymaking process. So, why is Mostyn doing all that she is, and why now? Well, responding to whether she is a republican or not, Mostyn told A Current Affair, 'I have no views on the republic issue.' Notably, she didn't say, 'I am not a republican.' We also know Mostyn considered herself a republican as little time ago as 2020, when she revealed to the Australian Institute of Company Directors that Paul Keating's republican vision was something she 'really cared about.' It's hard to know what her previous beliefs were, considering her digital footprint was totally expunged, without explanation, when her appointment was first announced in 2022. I am becoming increasingly disillusioned by what seems to be Mostyn's unconditional altruism; that is, her focus on care, kindness, social cohesion, modern Australia and – on the face of it, now amplified following the federal election – civics education. My strong suspicion is that Mostyn has a mandate from Anthony Albanese, her appointee, to progress republicanism in Australia by converting her privileged post, insofar as she can, into a de facto presidential office. To recall Edmund Burke's wisdom: 'You may have subverted monarchy, but not recovered freedom.' Parliament opened this month, at which time Mostyn discharged various constitutional duties, and her words and actions in relation to those duties carry weight. No doubt, the purpose of her recent liaison with the media shall shortly reveal itself. Alexander Voltz is a composer. As well as contributing to he is the founding Music Editor of Quadrant, and writes also for The Spectator Australia. He directed The Queen's Platinum Jubilee Concert, Australia's largest musical tribute during the Platinum Jubilee of Elizabeth II. His music has been performed across the country and abroad.
Sky News AU
14-05-2025
- Politics
- Sky News AU
Even a broad church has boundaries: Sussan Ley, Ted O'Brien's openly republican views at odds with the values the Liberal Party was founded upon
The Liberal Party now has two new leaders, Sussan Ley and Ted O'Brien. Until evidence arises to the contrary, both can be regarded as staunch advocates for an Australian republic – and that's of some consequence. Ley has featured in advertising material for the Australian Republic Movement, published in 2022. In the same year – during the same month as our late Queen's death, no less – she took it upon herself to pen an op-ed for the Daily Mail in which she encouraged republicans' agenda, writing, 'I know Australia is big enough and old enough to have a fresh look at this debate.' O'Brien served as Chairman of the Australian Republic Movement from 2005 to 2007. In my even-more youthful years, and with fervour to match, I wrote extensively on how it is 'oxymoronic' for one to be a republican Liberal politician. In 1954, to celebrate its tenth anniversary, Robert Menzies crystalised the Liberal Party's doctrinal beliefs in his 'We Believe' propositions; these are readily available online. Those propositions, I contend, are listed hierarchically; that is, from the first follows the second, from the second follows the third, and so on. Thus, that the 'We Believe' propositions begin like this should be of no surprise: 'We believe in the Crown as the enduring embodiment of our national unity and as the symbol of that unity and as the symbol of that other unity that exists between all nations of the British Commonwealth.' At the apex of the Australian Constitution is the Crown; from the Crown descends our nation's democratic, legislative and judicial authority, as well as much, much else. I wonder what might Menzies make of the fact that republicans are, yet again, at the Liberal Party's helm? Regardless, if republicanism lurks in Ley's and O'Brien's hearts, so be it; in our free country, they are entitled to their private views – even if those views are totally at odds with their party's values. What cannot be allowed to happen, however, is this: that the Liberal Party of Australia becomes a complicit mechanism in Labor's never-tiring agenda to bring about an Australian republic. During its last term, this agenda led the Albanese Government to commit shameless acts, such as instituting the first-ever Assistant Minister for the Republic, a Minister of the Crown tasked with, incredibly, removing the Crown. In fact, nearly every constitutional and civic policy decision made during Anthony Albanese's prime ministership – the Voice, the changes to the Referendum Act's machinery provisions, the Misinformation and Disinformation Bill, and the removal of the Queen's effigy from our five-dollar note – has been in aid of republicanism. As succinctly as I can, I'll explain why. Following defeat in the 1999 republic referendum, Yes campaigners drew what they continue to believe a critical conclusion: that it is virtually impossible to affect constitutional change in Australia if such change is presented too complexly. In contrast, whereas the 1999 referendum leant too heavily upon technical legal argument, its 2023 successor threw technical argument to the wind, relying instead upon the weaponisation of voters' emotions. Both strategies caused confusion, sowed fear and ended in defeat. Be assured, that had the Voice carried, we'd have been catapulted straight into another republic debate, argued in the same fashion as the Voice, and we'd have voted in a second republic referendum this year. After all, Labor was desperately hoping its President of Australia would be inaugurated in 2025, to coincide with the fiftieth anniversary of Gough Whitlam's dismissal. And so, last year, our just-elected prime minister told the Guardian: 'Referendums are hard to win in this country, and we've seen, I think, that all it takes is opposition.' It is this democratic right, the right to oppose, that serves as the central bulwark against republicans' ambitions. In our Commonwealth parliament, that right has, for the most part, been loyally championed by the Coalition's senior partner, the Liberal Party, one founded upon the time-tested value that constitutional monarchy is the most stable system of government yet devised. It is bipartisan parliamentary support for a republic, then, that most endangers the Crown's continuity. The Australian Monarchist League, which comprises many grassroots Liberals, is committed to keeping close watch over the constitutional dealings of Australia's federal representatives. I'll conclude with this: John Howard was right to describe the Liberal Party as a 'broad church'. But churches have roofs, and they have walls. The Liberal Party cannot continue constructing outhouse after outhouse to accommodate illiberal, anti-Menzian policies. To offer any formal support to a republic would be the party's most wayward endeavour yet. Alexander Voltz is a composer. As well as contributing to he is the founding Music Editor of Quadrant, and writes also for The Spectator Australia. He directed The Queen's Platinum Jubilee Concert, Australia's largest musical tribute during the Platinum Jubilee of Elizabeth II. His music has been performed across the country and abroad.
NDTV
03-05-2025
- Politics
- NDTV
Democracy Sausage, Voting In Swimsuits: Bizarre Polling Trends In Australia
Quick Take Summary is AI generated, newsroom reviewed. The "democracy sausage," a grilled sausage in bread, symbolises Australian election culture, served at polling places nationwide and abroad. It reflects humility in politics and has become part of folklore and tradition, like voting in swimwear. A democracy sausage is a cultural tradition as Australian as koalas, vegemite and TimTams. It's a simple grilled sausage wrapped in a slice of white bread and topped with onions and ketchup, however, when the same is offered at polling places on election day, it becomes a 'democracy sausage' that has become a national symbol for participating in elections, and is served everywhere Australians vote. Not just in Australia, but these democracy sausages are also served at polling places for citizens abroad at Australian embassies in New York, Riyadh, Nairobi and Tokyo, and even at a research station in Antarctica. There is a website that also tracks in real-time crowd-sourced democracy sausage locations on polling day: "It's practically part of the Australian Constitution." The spokesperson of the website added, "We've heard reports of people who are tourists over here, foreign students, that will go along to election days just to get the sausages. I think that's a great piece of Australian culture for people to take home with them." The sausage is also a way for aspiring leaders to show that they are humble enough to eat a cheap piece of meat wrapped in bread, and photographs of politicians eating these democracy sausages have become memes, and generally a part of Australian political folklore. The Australian National Dictionary Centre also named "democracy sausage" as its word of the year. Moreover, the Australian constitution does not mention anything about a dress code for voting, and it has become a tradition to vote in swimwear. This started when the maker of "Budgie Smuggler" was giving out free swimming trunks to the first 200 people who voted in smugglers. "It's a little bit revealing and may be confronting for some of your viewers. But a lot people here come out of the water and come and vote. I think it's a nice statement of Australian democracy", Nick Fabbri, a voter in the Bondi area of Sydney, told Reuters. Voting in Australia for the national election began on Saturday. Per polls, voter appetite for change has been dampened by US tariffs, and hence the elections might favour Labour Prime Minister Anthony Albanese over conservative challenger Peter Dutton.
