Guilty of treason?

If you are a member of parliament you take an oath. The oath varies slightly around Downunder but each version requires you to swear allegiance to the Crown and to the country.  You are not required to say, "I swear by Almighty God..." but you are expected to honour that oath. 

In our present Federal parliament at least one newly elected Senator tried not to swear an oath. There were several others who complained about having to perform what they see as an outdated act. At the same time another Senator protested at a "welcome to country" statement being performed inside parliament. 

Yesterday I not too seriously suggested that failing to abide by the oath that all members eventually took is a form of treason. My suggestion produced some interesting results....nobody disagreed.

Treason requires three things. The first is that a person has an "obligation of allegiance". That is something anyone who is the citizen of a country has by virtue of something like their birth, their citizenship papers, their passport, and their voting rights.

The second thing is the intent to do harm to the sovereignty within which you live. In this instance "sovereignty" does not mean that you are ruled by a monarch. It is simply the country to which you have an obligation of allegiance. 

The third thing is to "violate that obligation". That violation can take any number of forms. It doesn't necessarily mean illegally detaining the monarch or consorting with the enemy - the sort of things most people think of in relation to treason. It can mean deliberately refusing to abide by the oath you take on entering parliament and actively working against it. It can also mean something like an attempt to dismantle a democratically elected system of government - especially for your own benefit - if you have taken that oath.

That leaves some members of our Federal parliament in what is, at very least, a difficult position. Is it treason...or something close to it? It is possible. Should we be concerned? Definitely.