Section 44 of the Constitution of Australia

1535:. This statute is a substitute for Constitution s 46 as authorised by that section. It provides that any person (known as a "common informer") can bring an action for a penalty against a Member of Parliament for sitting in Parliament while disqualified from doing so. During the proceeding, a question arose as to whether a common informer action could be brought against a Member of Parliament without a prior finding by the Court of Disputed Returns or the relevant House of Parliament. The High Court decided unanimously on 21 March 2018 that the Common Informers Act does not confer jurisdiction to determine the eligibility of a member: such jurisdiction is conferred exclusively by Constitution s 47 as substituted by s 376 of the 1276:, hoping that she would then be eligible in the recount. On 15 November the High Court heard submissions on this issue and declared Hughes to be ineligible, reserving its reasons. The reasons were given on 6 December. The Court unanimously found that the words "incapable of being chosen" in section 44 refer to the whole "process of being chosen", the "end-point" of which is a declaration that a candidate has been elected, and no declaration as to this seat had yet been made. A candidate had to be eligible throughout the process; Hughes had been ineligible during part of the process, owing to her tribunal appointment, and therefore could not be declared elected. The recount resumed excluding both Nash and Hughes, electing 1153:: that a public servant could not simultaneously attend adequately to both the duties of a public servant and those of a member of the Parliament, and also could be subject to the opinions of the minister to whom they were responsible; this situation would impinge on both the independence of members of the Parliament and the maintenance of a "politically neutral public service". That neutrality also requires public servants to refrain from "active and public participation in party politics" (para. 14). These reasons apply to a public servant who is a permanent teacher, even though (it was accepted) "a teacher is not an instance of the archetypical public servant at whom the disqualification was primarily aimed" (para. 18). 657:. It decided that the fact of citizenship was disqualifying, regardless of whether the person knew of the citizenship or engaged in any voluntary act of acquisition. It emphasised that to hold otherwise would introduce an element of subjectivity that "would be inimical to the stability of representative government". It followed that each of Joyce, Ludlam, Nash, Roberts and Waters "was therefore incapable of being chosen or of sitting as a senator or a member of the House of Representatives (as applicable)"; however, Canavan and Xenophon had been eligible due to not holding foreign citizenship. It was determined that Canavan, under Italian law, was not a citizen of Italy. It was found that Xenophon was a 1146:. Sykes claimed that Cleary was disqualified by Constitution s 44(iv) and others by s 44(i). Cleary was a permanent secondary school teacher in the Victorian public school system. Mason CJ, Toohey and McHugh JJ held in a joint judgment (with which Brennan, Dawson and Gaudron JJ generally agreed) that the centuries-old phrase "office of profit under the Crown" includes today not only public servants as ordinarily understood, but extends to "at least those persons who are permanently employed by government" (para. 16). The Court decided by a 6:1 majority that Cleary held an "office of profit under the Crown" within the meaning of s 44(iv) and so had been "incapable of being chosen". 846:

renunciation had been registered. His legal representative submitted that Feeney's renunciation was lodged, but was not registered by British authorities "or some reason". On 1 February 2018, before any further court proceedings, Feeney announced his resignation from the House of Representatives, and confirmed that he had been unable to find documentation proving his renunciation of British citizenship. On 23 February 2018, the Court held that Fenney had been ineligible to be elected by virtue of s.44(i) and that the vacancy is to be filled by a by-election. Feeney did not re-contest the seat in the by-election.

857:, which took place on 2 July. The UK Home Office accepted her payment as part of the application on 6 May; however, on 1 July, it requested original copies of her birth certificate and her parents' marriage certificate as part of her renunciation, which Gallagher provided on 20 July. The renunciation of her British citizenship was effective on 16 August 2016, after the federal election. On 6 December 2017, at Gallagher's request the Senate referred her case to the High Court. On 9 May 2018, the Court unanimously found Gallagher to have been ineligible, with her seat to be filled by a 566: 770: 1157:

the election; he continued to occupy the position. It did not matter, either, that Cleary had resigned from his position on hearing the outcome of the distribution of preferences and before the result was declared. The words "being chosen" were held to refer to a process of choice, which begins on the polling day. More fully, "incapable of being chosen" extends back to nomination. The process does not include the" declaration of the poll, which is only "the announcement of the choice made" (para. 25).

540: 514: 744: 732: 502: 661:, but that this did not give him the right to enter or reside in the United Kingdom; therefore, in terms of s 44(i), he was neither a citizen nor entitled to the rights and privileges of a citizen of the United Kingdom. The Court declared the seats of the ineligible members to be vacant; the vacancy in the House of Representatives was to be filled through a by-election, while the vacancies in the Senate was to be filled by a recount, subject to supervision by a Justice of the Court. 215: 718: 784: 706: 1161:

than ten per cent (at that time) of the workforce who are employed in the public service of the Commonwealth or a State. He thought that taking leave without pay or other emoluments, intending to resign if electoral success became apparent, is "preferable to the rather devious procedure of an ostensible termination of employment" under a guarantee of reinstatement if not elected, as has been established by Commonwealth and State legislation (para. 19).

1117:" in the traditional sense of a position carrying an entitlement to any form of financial benefit, including salary. As with the reference to "pension", part of the intention is prevent the Executive from corrupting a member by offering such a position. However, the provision has been interpreted to prevent any individual who is already in state employment from standing for parliament, even if they would have had to resign from that position if elected. 182:

well as independent. They include some who renounced actual foreign citizenship prior to or during the crisis of 2017-18. The argument is that some countries provide rights to non-citizens that include important rights ordinarily possessed by citizens—particularly a "right of abode" allowing entry, residence and employment, as well as eligibility to vote and even to sit in the country's parliament. The most relevant example is that, in the

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Switzerland as a Swiss citizen; they had migrated to Australia and become Australian citizens. By a majority of 5:2 the Court held that a dual citizen is disqualified by s 44(i) unless they have "taken reasonable steps" to renounce their foreign citizenship. Renunciation procedures were available to Kardamitsis and Delacretaz in Greece and Switzerland, but neither of them had taken any such step.

1024:, to attend the court to comment on whether it should recommend that they all be prosecuted for contempt of that court, especially in that their statements could be read as attempting to prejudice the appeals. For each minister, a conviction could have engaged section 44(ii), resulting in their removal from the federal parliament; at that time the government did not have a majority in the 263:) to be disqualified on the basis of his Catholicism. Justice Fullagar ruled against Crittenden, saying that were his premise to be sustained, it would prevent any Catholic from holding a seat in the Australian parliament. The decisive factor was that to exclude Catholics from the parliament would be to impose a "religious test" for public office, contrary to 951:. The observations of the High Court about section 44 of the Constitution included that the disqualification is not simply for the conviction of an offence: the offence must be punishable by imprisonment for one year or more, and the person must have been, at the time of the election, carrying out a sentence, or was subject to be sentenced, for that offence. 368:. It was held that the centuries-old phrase "office of profit under the Crown" not only includes public servants as ordinarily understood but extends to "at least those persons who are permanently employed by government", whether government of the Commonwealth or of a State. Thus it included Cleary as a permanent teacher in a Victorian public school. 380:

allegiances. Additionally, Deane J thought that s 44(i) requires a "mental element" not only as to "acknowledgment" but also as to being "a subject or a citizen" of a foreign power: "it applies only to cases where the relevant status, rights or privileges have been sought, accepted, asserted or acquiesced in by the person concerned".

916:. On 17 March 2020, a Full Court of the Federal Court found on the basis of expert evidence that Frydenberg's maternal family had lost their Hungarian citizenship upon leaving Hungary, so that he was not and had never been a Hungarian citizen, and consequently he was eligible to be elected to the federal parliament. 675:, which requires that nobody can serve as a minister for more than three months unless they are a member of the parliament; ministerial decisions taken by somebody who was not validly occupying ministerial office would themselves be invalid. While Matthew Canavan had already resigned from his positions of 1382:

influence by the Crown. On this basis Barwick CJ concluded that the interest "must be pecuniary in the sense that through the possibility of financial gain by the existence or the performance of the agreement, that person could conceivably be influenced by the Crown in relation to Parliamentary affairs".

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had determined that the process of being chosen commences on nomination. Kelly subsequently conceded that she was incapable of being chosen because she was a full-time officer of the RAAF at the time of her nomination as a candidate. Blackshield suggested that Kelly's concession may have been greater

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claimed that the decision was invalid because he was disqualified under Constitution s 44(v). It was claimed that he had a pecuniary interest in an agreement with the public service of the Commonwealth, consisting of an interest in a childcare business that received a Commonwealth government subsidy.

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Deane J dissented, holding that it was sufficient if the candidate is qualified at the moment when the result of the poll is declared, by which point Cleary had resigned from his position. Deane was concerned that to require candidates always to be qualified at the point of nomination deters the more

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It did not matter that Cleary was employed by "the Crown" in right of the State of Victoria and not in right of the Commonwealth; since the exception to s 44(iv) includes ministers of a State, s 44(iv) itself must include State officers. Nor that Cleary had been on leave without pay in order to fight

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Feeney stated in the citizenship register that his father was born in Northern Ireland, and that he was advised by the party to ensure he renounced British (and potentially Irish) citizenship before nominating. Feeney said he did so in late 2007, but was unable to produce documentation confirming the

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prior to Labor's proposition, the other two Cabinet ministers, Barnaby Joyce and Fiona Nash, chose to remain in their positions until the court handed down its decision. According to some legal opinion, more than 100 Turnbull government decisions are vulnerable to legal challenge as a result of Joyce

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had renounced foreign citizenships, as a result of threatened High Court action by Sydney barrister and independent Senate candidate George Turner. In 1997 a committee of the House of Representatives, whose report predicted some of the difficulties that have since arisen, recommended three changes to

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But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay

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However, Culleton's bankruptcy ceased to determine his eligibility when, later on the same day but in a separate case, the High Court declared that he had been ineligible for election to the Senate owing to his conviction of an offence punishable with a sentence of one year or more, under subsection

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The third arm of s 44(i), "or entitled to the rights or privileges of a subject or a citizen of a foreign power", has never been the subject of a judicial decision. However, it was suggested in July 2019 that this could catch at least 26 current members of the parliament, from almost all parties as

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Almost every part of section 44 has proved difficult to interpret and apply. Its replacement or revision has been frequently considered, particularly by a Constitutional Commission in 1988 and by a parliamentary committee in 1997, but their proposals have not been pursued. There has been regret that

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The wording of the exemption in relation to the armed forces has been described by law professor Tony Blackshield as "extremely obscure". In his view, while it is generally assumed to apply to "persons who are members of the defence forces other than in a full-time capacity", the obscurity renders

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was incorrect and that the purpose of the subsection was to protect the parliament from the potential for influence, whether that potential arises from the conduct of the executive or a conflict between the duty of a Parliamentarian and their financial interests. On 5 April 2017 the High Court held

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immediately tendered a full apology, the ministers initially offered only an explanation, but, after criticism from the bench and in other media, they requested the court to accept a full retraction of their statements and an unconditional apology. (The ministers did not attend the court in person,

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drafts, which had disqualified any person "Who has taken an oath or made a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or has done any act whereby he has become a subject or citizen, or entitled to the rights or privileges of a subject or a citizen, of a

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and can exercised only upon a referral by the Parliament to the High Court under s 376; therefore the proceeding under the Common Informers Act "should be stayed until the question whether the defendant is incapable of sitting is determined" following such a referral. The Parliament has not made a

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resigned his seat as a Senator for South Australia, with immediate effect. Shortly after Day's resignation, the Senate referred the question of whether Day had been disqualified from sitting or being elected as a Senator due to an indirect pecuniary interest in the proceeds of a lease of part of a

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It was later discovered that Wood had not been an Australian citizen at the time of his election. The High Court unanimously determined that, as he had not been an Australian citizen, he had not been eligible to be nominated for election as a senator and therefore had not been validly elected. The

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reproduces the section in its Candidates Handbook, where it draws particular attention to s 44(i) and (iv). As to the nomination form, it advises that to give "false or misleading information", or to "omit any information if omitting that information would be misleading", is a criminal offence and

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The office of Ministers of State are one category exempted from disqualification under subsection (iv). This exemption is necessary because Constitution s 64 requires a federal Minister (at least after three months from appointment) to be a senator or a member of the House of Representatives. The

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could be in breach of s 44(v) as a shareholder in a family construction company subcontracted for work on a federally funded road project in Queensland. O'Sullivan denied that the company had such a connection. O'Sullivan is a member of the Joint Standing Committee on Electoral Matters, which is

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on a reference from the Senate, reviewed the Australian and prior English history of the term "office of profit" and determined unanimously that Martin was not ineligible by reason of s 44(iv), there not being a sufficient degree of ministerial control over the tenure or conduct of the office of

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case for prosecution both of the ministers and of the newspaper, and that the ministers' contempt had been aggravated by the delay in providing a full retraction of the statements and in making an apology. Shortly before giving its decision about contempt, the court delivered its decision on the

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are not permitted to stand for election and that a person must take "reasonable steps" to renounce their citizenship of the other country. Its interpretation has been difficult. There is the preliminary awkwardness that the Constitution itself does not require a member of the Parliament to be an

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asked the Commonwealth Parliament's Joint Standing Committee on Electoral Matters to conduct a new inquiry into the section, including the possibility of amendment. Public hearings will begin on 8 December and submissions will close on 9 February 2018; the Committee is to report on s 44(i) by 23

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The challenge was dismissed on 16 August 2019, the court finding that it was "not appropriate to grant a potentially indefinite stay on the basis of a purely hypothetical sequence of events" and commenting: "A fundamental difficulty with the applicant’s argument is that the relief sought is as

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Senator Culleton was a person who had been convicted and was subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election. That was so, both as a matter of fact and as a matter of law. The subsequent annulment of the conviction had no

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throughout the period of the election; the question arose whether this was an office of profit under the Crown. The parties agreed that his position was an "office", that it was "of profit" and that the Executive branch of the Government of Tasmania was an element of "the Crown"; the issue was

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considered the history of the section and its predecessors, describing it as a vestigial part of the constitution. In his view, it had been inserted not to "protect the public against fraudulent conduct of members of the House", but rather to protect the independence of the parliament against

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moved that the Court of Disputed Returns should decide whether Entsch's seat in the House of Representatives had become vacant because he had a pecuniary interest in an agreement with the Commonwealth. The motion was lost and the House passed a resolution declaring that Entsch did not have a

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was challenged because she was a dual citizen of Australia and New Zealand at the time of her nomination. That part of the challenge was not pursued however as Kelly conceded that she was incapable of being chosen as a member of the House of Representatives while serving as an officer of the

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It was therefore unnecessary for the High Court to decide the challenge under s 44(i) to the eligibility of other candidates, but it did so since they evidently might have wished to stand in the next election. Bill Kardamitsis had been born in Greece as a Greek citizen and John Delacretaz in

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Deane and Gaudron JJ dissented, holding that Kardamatsis and Delacretaz had effectively renounced their foreign citizenships when taking an Australian oath of allegiance, which at the times when they were naturalised had included, or required previously making, a renunciation of all foreign

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The decision has been criticised as taking a narrow approach to the construction of the section that robs it of most of its efficacy, rendering it almost useless as a check upon would-be fraudulent politicians and offering "little practical protection to the public interest or Parliament's

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on 2 July. In March 2016, before the election, Culleton had been convicted, in his absence, of larceny. He had the conviction annulled on 8 August, after the election. He then pleaded guilty but no conviction was recorded. In the High Court it was argued for Culleton that the annulment

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the Constitution: "delete subsection 44(i); insert a new provision requiring candidates and members of parliament to be Australian citizens; empower parliament to enact legislation determining the grounds of disqualification of members of parliament in relation to foreign allegiance".

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As with subsection 44(iv), the aim of subsection 44(v) is to prevent corruption of members by the Executive. It is also to avoid a conflict of interest that could lead a member of the Parliament to give priority to their own financial interest over impartial judgement of policy.

1097:, to notify her that Culleton's seat had become vacant due to his having become an undischarged bankrupt on 23 December 2016. Culleton commenced proceedings in the High Court to challenge the power of the President to declare his seat vacant, but this challenge was rejected by 1181:. It was unclear at the time whether this constituted holding an "office of profit under the Crown" as specified in subsection 44(iv). To avoid the possibility of her election being declared invalid, Ferris resigned from the Senate only to be immediately re-appointed by the 1329:

whether the office was "under" the Crown. This was understood to turn upon whether the executive government had "effective control" over appointment to the office (which was by election) or over the tenure or conduct of the office. The High Court, sitting as the federal

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effect on that state of affairs. It follows from s 44(ii) that Senator Culleton was "incapable of being chosen" as a Senator. In the result, there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Culleton was returned.

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On 27 October 2017 the High Court handed down its decision. In a unanimous judgment, dealing with all seven cases, the Court interpreted s 44(i) according to the "ordinary and natural meaning" of its language. On that approach, it firstly affirmed the view taken in

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challenged his election on grounds that included that "His actions against the vessels of a friendly nation indicate allegiance, obedience or adherence to a foreign power". This related to Wood being fined $ 120 for paddling a kayak in front of the US warship

1587:, which can be comfortably read as part of the "military forces" as elsewhere in the Constitution, but it is harder to include it in the expression "navy or army". It was not thought that active military service during World War I acted to disqualify Senator 1467:

in 1988. The Court held that Day had an "indirect pecuniary interest" in an agreement with the Commonwealth since at least February 2016 and therefore had not been eligible for nomination as a senator in July 2016. Consequently, his seat was declared vacant.

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the framers of the Constitution did not accept the suggestions that criteria of disqualification be left entirely to the Parliament or that, at least, like s 34 "Qualifications of members" this section should begin "Until the Parliament otherwise provides".

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During 2017 there arose seven instances of a possible breach of s 44(i), when over the course of several months seven parliamentarians were revealed to have held dual citizenship. The first two of the politicians whose dual citizenship status was revealed,

1069:, with Wood being described as "probably the only Member of Parliament to have been elected while on the dole". The High Court held that it was not enough to allege that Wood was insolvent; he had to have been adjudged to be an "undischarged insolvent". 371:

It was also determined (with one dissent) that a candidate must be qualified at the time of nomination. It was not sufficient that Cleary had been on unpaid leave and that he had resigned from his position on hearing that he would be declared elected.

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party in Tasmania. When found to be eligible, he could have stepped down, creating a casual vacancy to which Lambie could have been appointed. He refused to step down and was expelled from the party for disloyalty. He took his seat as an independent.

72:(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons: 1213:, was ineligible to stand for parliament under subection 44(iv). The basis of the claim was that Newhouse had not resigned from the New South Wales Consumer Disputes Tribunal and so was occupying an "office of profit under the Crown". Liberal 324:, dismissed the petition in December 1987 on technical grounds. The brief judgment made a number of observations about subsection 44(i), relevantly including that it required an identified foreign power and an acknowledgement of allegiance. 134:" or "subject of the Queen"), although Constitution s 42 does require members to swear an oath or affirmation of allegiance to the monarch; however, Australian citizenship has been made a statutory condition of eligibility for election. 979:

The High Court rejected each of these arguments, holding as to the latter that in section 44(ii) the reference to a possible sentence relates to the seriousness of the offence and not to the liability of a particular convict. It said:

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in Wentworth would be necessary if Newhouse were to win the seat, due to his ineligibility. The matter never came to a head, however, as Newhouse was comfortably defeated by the incumbent Liberal Party candidate and federal Minister

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attempts to secure a referral to the High Court on this ground; Labor and he had produced conflicting legal advice. Government lawyers contended that the Federal Court does not have jurisdiction regarding parliamentary eligibility.

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had asked the High Court to so declare, but Hughes had then notified the Court that there was now a question over her eligibility. After the election, the Attorney-General had appointed defeated candidate Hughes to the federal

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The Constitutional Commission report of 1988 recommended that s 44(iv) be replaced with more specific provisions; likewise in 1997 a committee of the House of Representatives, which termed s 44(iv) "something of a minefield".

5744: 63:(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or 5794: 5779: 5739: 5714: 5734: 5704: 2702: 908:—the federal treasurer and deputy leader of the Liberal Party—was ineligible under s 44(i) because due to being a citizen of Hungary. On 12 December 2019, since factual as well as legal questions remained unresolved, 5729: 5719: 5709: 3325: 137:

In 1981 a committee of the Senate recommended that s 44(i) be removed, although with the insertion of a new provision requiring Australian citizenship; as did the Constitutional Commission report of 1988. In 1990,

5689: 880:—four other MPs who had also attempted to renounce their British citizenships before the election, but were still effectively British citizens at the date of nominations. By-elections were held for their seats of 5694: 251:

void under s 44(i), claiming that as a Roman Catholic, O'Connor was under an allegiance to a foreign power. In December that year, Sarina's solicitor sought leave to withdraw the petition, which was granted.

60:(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or 5636: 5611: 5581: 5576: 5566: 5561: 5556: 5546: 5541: 5536: 5526: 5501: 4163: 2651: 5486: 5476: 5471: 5466: 5456: 5446: 5441: 5431: 5426: 5421: 5416: 5411: 334:

that a candidate must be an Australian citizen. The High Court expressly declined to rule on the question of whether being a citizen of the United Kingdom would also disqualify a candidate from election.

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Fairfax/Ipsos poll, 29 November to 2 December 2017. The print edition reported support from Coalition voters (54/42/4), opposition from Labor voters (44/52/4) and substantial support from Greens voters

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licensee. In July 2017, the ALP launched a High Court challenge to Gillespie's eligibility as an MP. The case was formally brought by Peter Alley, the ALP candidate for Gillespie's seat of Lyne at the

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had been politically biased in handing down sentences for terrorism that the three considered to be much too light, and their statements had been reported on the front page of national newspaper

164:, both of which served as models for the Australian Parliament, forbids dual citizens from holding office. Canada and New Zealand similarly have no prohibitions on MPs holding dual citizenship. 3238: 2166: 2090: 2777: 827:

each resigned after individually discovering that they held British citizenship by descent. The Senate referred all three Senate cases to the High Court as the Court of Disputed Returns. A

1516:(ALP) opposition and some community groups believed that Gillespie also had an indirect financial relationship with the federal government, in that he owned a suburban shopping complex in 167:

An opinion poll taken in late November to early December 2017 found overall opposition to changing s 44(i) of 49% to 47% (within the margin of error), with 5% undecided. A earlier poll by

3607: 3212: 388:

foreign power" (Sydney Convention 1891 and, with capitalisation and punctuation changes, Adelaide Convention 1897); the provision took its present form at the Melbourne Convention 1898.

936:'s election was that Wood had served a term of imprisonment in 1972 and had been convicted of obstructing shipping. These related to the $ 120 fine for paddling a kayak in front of the 3186: 2986: 2725: 4360: 3672: 2855: 1643:, which was the principal model for the Australian Constitution, restricts election to Congress to persons who have been US citizens for seven years (House) or nine years (Senate). 1906: 1803: 1272:; it was not disputed that this was an office of profit under the Crown, which would disqualify Hughes under section 44(iv), and Hughes had resigned from it immediately after the 2117: 4334: 1362:

What constituted a "pecuniary interest" did not arise for consideration by the High Court until 1975 when the Senate referred questions concerning the eligibility of Senator

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ruled that the United Kingdom qualified as a "foreign power" under section 44(i), and as a British citizen Hill was therefore unable to take up her Senate seat. As a result,

275:—none of which, in his opinion, was relevant to the election of an Australian member of parliament. The case was dismissed, with Crittenden ordered to pay Anderson's costs. 4480: 4108: 1304:. He claimed to have legal advice that this did not disqualify him under s 44(iv) and his eligibility was not challenged at the same time as that of Hughes. However, the 2677: 2961: 2803: 89:

that the "maximum penalty for this offence is imprisonment for 12 months". It does not spell out that such a conviction could result in disqualification under s 44(ii).

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who was a shareholder in and managing director of a company founded by his late grandfather. The company supplied timber and hardware, by public tender, to both the

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on 31 January 2017. The sequestration order and therewith the finding of bankruptcy were confirmed by a full court of the Federal Court on 3 February 2017.

69:(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or 5789: 4843: 1371: 267:. Fullagar J also said that the petition invited analysis of the relations between church and state over centuries, the relationship between Italy and the 3919: 3776: 1962: 1757: 688:

and Nash's ineligibility, with lawyers concluding there is a high likelihood the work the pair has done over the last year will end up before the courts.

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that the question of eligibility is to be determined with reference to the point of nomination. The Court then followed the reasoning of the majority in

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asked whether they thought dual citizens should be allowed to be members of parliament, 41% said yes and 40% said no, with 18% saying they didn’t know.

5754: 3579: 3160: 3005: 2010: 3289: 5774: 5769: 5759: 5749: 5699: 4853: 4772: 4605: 80:

as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.

3264: 2151: 1255:, replacements were appointed on 10 November 2017 to all Senate vacancies resulting from disqualification except the seat that had been occupied by 5764: 1289: 1252: 1020:. The Victorian Court of Appeal was soon to deliver judgment on prosecution appeals against the sentences. It asked the three, as well as staff of 97: 976:

retrospectively voided the conviction and that, because he had been convicted in his absence, he had not been liable to any term of imprisonment.

5724: 5684: 1393:, which could have accumulated to more than $ 57,200. One consequence of the question about Webster's eligibility was the passage in 1975 of the 3893: 5679: 5669: 4069: 3406: 3134: 3108: 2750: 2137: 37:

It has been reviewed several times, but has not been amended. Following several disqualifications under sub-section 44(i), in particular the

5674: 5646: 5531: 4991: 2542: 1186: 1512:, Senator Day had not been eligible to hold public office because of an indirect pecuniary relationship with the Australian government. The 1397:

which limited any penalty prior to commencing the suit to $ 200; although, after the suit has commenced, there is a daily penalty of $ 200.

5641: 5631: 5626: 5621: 5616: 5606: 5601: 5596: 5591: 5586: 5571: 5551: 5521: 5516: 5511: 5506: 4986: 4833: 3448: 2295: 2212: 1418: 264: 2500: 5656: 5496: 5491: 5481: 5461: 5451: 5436: 5406: 5401: 5396: 5391: 5386: 5381: 5376: 5371: 5366: 5361: 5356: 5351: 5346: 5341: 5336: 5331: 5326: 5321: 5316: 5311: 5306: 5301: 5296: 5291: 5286: 5281: 5276: 5271: 5266: 5261: 5256: 5251: 5246: 5241: 5236: 5231: 5221: 5216: 5211: 5206: 5201: 5196: 5191: 5186: 5181: 5176: 5171: 5166: 5161: 5156: 5151: 5146: 5141: 5136: 5131: 5126: 5121: 5116: 5111: 5106: 5101: 5096: 5091: 5086: 5081: 5076: 5071: 5066: 5061: 5056: 4981: 4971: 4961: 4818: 4715: 4674: 4669: 4638: 3534: 1390: 680: 672: 248: 41:, in which several high-profile politicians were forced to resign, a new review of the whole section was instituted on 28 November 2017. 3030: 5051: 5046: 5041: 5036: 5031: 5026: 5021: 5016: 5011: 4976: 4956: 4633: 1089:

which had the effect of making Culleton an undischarged bankrupt. On 11 January, after receiving an official copy of the judgment, the

3085: 994:

Section 44(ii) nearly came into operation in June 2017, when three federal ministers were threatened with prosecution in Victoria for

4919: 3354: 2560: 4879: 4848: 4838: 4828: 4823: 1859: 1040:

pleading that they were required in parliament.) The court accepted the apologies, the Chief Justice stating that there had been a

1497: 1422:

pecuniary interest within the meaning of section 44(v). Whether the House had power to pass the resolution has been questioned.

1308:

has suggested that the Senate may need to refer his position to the High Court and the Greens are seeking further legal advice.

5819: 4787: 3306: 2587: 1150: 808: 4741: 3850: 4915: 4910: 4689: 4598: 4260: 2939: 1557: 1528:. Hearings began on 23 August 2017, separately from the s 44(i) cases that commenced in the High Court on the following day. 1458: 1363: 1330: 804: 800:

was handed down, several other parliamentarians discovered that they held dual citizenship and resigned. Liberal Senator and

643:. Hearings into the eligibility of the "Citizenship Seven" to sit in Parliament were held by the High Court in October 2017. 384: 31: 4930: 2828: 1477: 858: 600: 4905: 4643: 3828: 3538: 1321: 1062: 1029: 933: 801: 596: 290: 3508: 4782: 4077: 3806: 3494: 3058: 2037: 1367: 1090: 4767: 1640: 831:

was held on 16 December; Alexander was a candidate, having renounced his foreign citizenship, and retained the seat.

1169:

During the period between the declaration of her election in March 1996 and taking her seat on 1 July of that year,

904:

In July 2019, Michael Staindl lodged in the Court of Disputed Returns a petition alleging that his electorate's MP,

4591: 1719: 1525: 1481: 1198: 854: 434: 400: 240: 157: 145: 3634: 1588: 1536: 1269: 330: 85: 1984: 3774: 2479:"Who May Sit? An Examination of the Parliamentary Disqualification Provisions of the Commonwealth Constitution" 1960: 1755: 1579:

position of ministers assisting, parliamentary secretaries and for ministers without portfolio is problematic.

1445: 1320:

was found to be ineligible under s 44(i) owing to foreign citizenship, her apparent successor was deemed to be

1305: 1301: 1264: 1149:

The reasons behind s 44(iv), so far as it concerns public servants, were said to derive from traditions of the

608: 1831:"Background Paper Number 29: Dual citizenship, foreign allegiance and s. 44(i) of the Australian Constitution" 4757: 4684: 4536:. Commonwealth of Australia: House of Representatives Standing Committee on Legal and Constitutional Affairs. 3824: 1611: 1182: 1094: 3326:"Politics live: Citizenship chaos overshadows same-sex marriage debate in final days of Parliament for 2017" 671:

had proposed that the challenged ministers who have not stepped aside from their position must do so due to

3512: 1389:

If Webster had been found to have sat while ineligible, he would have been liable to a daily penalty under

612: 256: 76:

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

1892: 178:

found 51% backed section 44 of the constitution banning dual-citizenship holders, against 38% who didn't.

4874: 4132: 2478: 1493: 620: 260: 1684: 4935: 4508: 4094: 1607: 1584: 1549: 1378: 1260: 1174: 1078: 913: 885: 828: 413: 191: 127: 3059:"Jacqui Lambie bids tearful farewell to Senate after shock British citizenship finding forces her out" 4869: 4614: 3612: 2246:. Vol. 21, no. 6, 138. Australian Capital Territory, Australia. 10 December 1946. p. 2 1509: 1011: 944: 640: 438: 18: 4813: 4797: 4547: 4184: 4013: 2464: 2442: 2402: 2379: 2332: 1620: 1570:

against the minister in his ministerial capacity, rather than as against the minister personally".

1409:

and his interest in Cape York Concrete Pty Ltd who had a $ 175,000 contract to supply concrete for

889: 881: 869: 658: 4049: 2652:"Deputy Prime Minister Barnaby Joyce refers himself to High Court over potential dual citizenship" 255:

A similar case arose in 1950, with independent candidate Henry William Crittenden petitioning for

4777: 4705: 4628: 4555: 4267: 4034: 3434: 2946: 2485: 1830: 1501: 636: 465: 454: 244: 187: 183: 114: 27: 23: 4208: 4940: 4762: 4736: 4233: 3350: 2299: 1562: 1513: 1206: 1143: 676: 668: 665: 446: 357: 1697: 4679: 4188: 3775:

House of Representatives Standing Committee on Legal and Constitutional Affairs (July 1997).

3659: 3476: 3161:"Notice - Reference by the Senate to the Court of Disputed Returns - Ms Skye Kakoschke-Moore" 1961:

House of Representatives Standing Committee on Legal and Constitutional Affairs (July 1997).

1904: 1756:

House of Representatives Standing Committee on Legal and Constitutional Affairs (July 1997).

1338: 1210: 893: 812: 468:, the second One Nation candidate on the ballot, was elected in place of Hill in the Senate. 4109:"Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background" 3715: 1779:"1897 Australasian Federation Conference - Second Session Debates - September 21 (Adelaide)" 565: 4664: 4388: 4255: 4135:

Penalty for sitting when disqualified. The sum of $ 200 has not been updated for inflation.

4009: 3987:"Jacqui Lambie expels senator Steve Martin from party for denying her return to Parliament" 3879: 3854: 3035: 2923: 2565: 2515: 2460: 2438: 2398: 2375: 2328: 2118:"Most Australians want an audit of MPS to identify dual citizens – Guardian Essential poll" 2015: 1300:

after a recount. At the time of nomination, Bartlett had been an academic employed by the

824: 684: 3973: 3732: 3699: 3565: 8: 1325: 1086: 838:

to the High Court as the Court of Disputed Returns and the Senate referred Labor Senator

408: 318: 22:

lists the grounds for disqualification on who may become a candidate for election to the

4172:. Commonwealth of Australia: House of Representatives. 10 June 1999. pp. 6719–6733. 4884: 3727: 3560: 3187:"Australia's citizenship scramble: which MPs are safe, who's out and who doesn't know?" 2804:"Nick Xenophon will go to high court after finding out he's a British overseas citizen" 2355: 2242: 1943: 963: 937: 820: 628: 364:, who had been declared elected, had held an "office of profit under the Crown", which 303: 272: 140: 123: 3135:"Notice – Reference by the Senate to the Court of Disputed Returns – Ms Jacqui Lambie" 3109:"Notice – Reference by the Senate to the Court of Disputed Returns – Mr Stephen Parry" 1457:

was wrong and should not be followed; its reasoning was based on consideration of the

4966: 4710: 4648: 4481:"Court rejects claim Dutton's childcare interests threaten validity of his decisions" 3820: 1841: 1025: 995: 592: 580: 442: 294: 105:

March 2018 and on the other sub-sections, particularly 44(iv) and 44(v), by 30 June.

3239:"Labor politicians David Feeney and Katy Gallagher face High Court over citizenship" 2588:"Roberts confirms he was a UK citizen, heads to High Court to prove he's Australian" 3851:"Senate hopeful hits eligibility hurdle – but this time it's not about citizenship" 3568: at per Kiefel, Bell, Gageler & Keane JJ, Nettle J substantially agreeing. 2274:. Vol. IX, no. 444. New South Wales, Australia. 31 August 1950. p. 1 2187:"But Wait … There's More: the Ongoing Complexities of Section 44(I) [sic]" 1463: 1375: 1226: 1114: 118: 101: 4335:"Labor launches High Court action against Turnbull MP in bid to topple government" 3608:"Ministers escape contempt charges after 'unconditional apology' to Supreme Court" 2678:"Barnaby Joyce refers himself to high court over possible New Zealand citizenship" 1860:"Can you owe an allegiance to a foreign power if you don't know you're a citizen?" 3946:"Greens seek fresh legal advice on Andrew Bartlett's eligibility – politics live" 3777:"Aspects of Section 44 of the Australian Constitution—Subsections 44(i) and (iv)" 3031:"Liberal backbencher John Alexander to resign after raising citizenship concerns" 2962:"Labor questions if Joyce and Nash can make legally valid decisions as ministers" 2270: 2122: 1963:"Aspects of Section 44 of the Australian Constitution—Subsections 44(i) and (iv)" 1758:"Aspects of Section 44 of the Australian Constitution—Subsections 44(i) and (iv)" 1652:

They were naturalised before 1986, when the renunciation requirement was removed.

1444:

building in Adelaide which Day indirectly owned, as Day's electorate office. The

1293: 1202: 1098: 909: 905: 865: 131: 4145: 3580:"Coalition ministers will not face contempt charges after court accepts apology" 3213:"Melbourne byelection looms as Labor's David Feeney falls into citizenship trap" 2561:"Matt Canavan resigns from Malcolm Turnbull's ministry over Italian citizenship" 4189:"Electoral Challenges: Judicial Review of Parliamentary Elections in Australia" 2501:"Greens senator Scott Ludlam resigns over failure to renounce dual citizenship" 2171: 1521: 1517: 1345: 1297: 1170: 1133: 1016: 1007: 850: 839: 769: 649: 588: 461: 347: 310: 168: 4361:"High Court challenge to David Gillespie could leave Labor facing costs order" 4282: 2350: 2265: 1610:

at the time of her nomination on 2 February 1996 prior to her transfer to the

743: 539: 513: 247:, Ronald Grafton Sarina, petitioned the High Court to declare the election of 5813: 4792: 4455:"Coalition threatens to retaliate against Kerryn Phelps over Dutton referral" 4250: 3747:

Lumb & Moens' The Constitution of the Commonwealth of Australia Annotated

3535:"One Nation Senator Rod Culleton pleads guilty to larceny, avoids conviction" 1845: 1434: 1410: 1406: 1317: 1077:

Other proceedings concerning Culleton concerned a creditor's petition in the

816: 731: 632: 616: 314: 4583: 4309:"Nationals deputy leader Fiona Nash referred to high court over citizenship" 3407:"Josh Frydenberg faces citizenship challenge by constituent – politics live" 3381:"Dual citizenship: high court rules Labor senator Katy Gallagher ineligible" 2856:"The 'citizenship seven' get their day in court: your guide to the hearings" 2726:"Government threatens to take Labor MPs to High Court over dual-citizenship" 2237: 501: 197: 3584: 2881: 1698:"Candidates Handbook: Nominations, Disqualification under the Constitution" 1603: 1553: 1508:

case. In April 2017, the High Court found that, under section 44(v) of the

1214: 1178: 968: 877: 835: 604: 584: 404: 268: 4403:"Visa cancellation invalid because Peter Dutton ineligible, lawyers argue" 2987:"More than 100 Joyce and Nash decisions at risk from legal challenge: QCs" 2543:"Larissa Waters, deputy Greens leader, quits in latest citizenship bungle" 1583:

that assumption doubtful; and there is some question as to members of the

214: 3694: 3673:"Letter from President of Senate to Governor of WA and related documents" 2359:. 12 November 1987. p. 19 – via National Library of Australia. 2323: 1414: 1221: 1217: 1139: 948: 717: 361: 298: 161: 153: 4429:"Turnbull makes Dutton's eligibility a key issue in leadership struggle" 783: 591:, resigned from Parliament shortly afterwards. Together with four other 4050:"Pecuniary Interest of Parliamentarians: A Comment on the Webster Case" 4004: 3355:"Re Gallagher: Inconsistency, Imperatives and Irremediable Impediments" 2455: 1280:, the seventh candidate on the Liberals' and Nationals' joint ticket. 1273: 1256: 1082: 1003: 873: 705: 624: 491: 450: 441:, who held both British and Australian citizenship, was elected to the 428: 3635:"An Executive and Judicial tussle: Is this healthy for our democracy?" 2626:"Pauline Hanson refers Malcolm Roberts to high court over citizenship" 1905:

Senate Standing Committee on Constitutional and Legal Affairs (1981).

471: 2778:"Nationals deputy leader Fiona Nash reveals she has dual citizenship" 1277: 1066: 1045:

appeals, in which two of the sentences were substantially increased.

999: 3295:. The Parliament of the Commonwealth of Australia. 26 February 2018. 527: 321: 175: 3920:"Liberal Hollie Hughes ineligible to replace Fiona Nash in Senate" 3086:"Skye Kakoschke-Moore to resign from Senate over dual citizenship" 1010:. They had published in social media statements alleging that the 553: 226: 4532: 4168: 2417:

The Convention Debates 1891-1898: Commentaries, Indices and Guide

2370: 1804:"Inquiry into matters relating to Section 44 of the Constitution" 1505: 1440: 3749:(7 ed.). Chatswood: LexisNexis Butterworths. pp. 90–1. 2829:"Citizenship Seven – who is arguing what before the High Court?" 3265:"Labor's David Feeney resigns, triggering byelection in Batman" 3006:"Liberal Stephen Parry to resign over dual British citizenship" 989: 757: 943:

and being imprisoned for one month in 1972 for refusing to be

3894:"Jim Molan to replace Fiona Nash in Senate, High Court rules" 834:

On 6 December the House of Representatives referred Labor MP

691: 4234:"Written submissions (Attorney-General of the Commonwealth)" 3307:"Katy Gallagher revealed to be British at the 2016 election" 1907:"The Constitutional Qualifications of Members of Parliament" 1346:(v) Pecuniary interest in an agreement with the Commonwealth 998:. The ministers, all with law degrees, were Health Minister 849:

Gallagher filed UK citizenship renunciation papers with the

190:

counts as a "Commonwealth citizen" (not to be confused with

4634:

Chapter I of the Constitution of Australia: The Legislature

4129:

Common Informers (Parliamentary Disqualifications) Act 1975

3763:. Canberra: Australian Government Publishing Service. 1988. 1931:. Canberra: Australian Government Publishing Service. 1988. 1744:. Canberra: Australian Government Publishing Service. 1988. 864:

Gallagher's disqualification triggered the resignations of

4670:

Chapter II of the Constitution of Australia: The Executive

4521: 4519: 4517: 4031:

The Constitutional Qualifications of Members of Parliament

2703:"House of Representatives Hansard, 14 August 2017 (proof)" 1531:

The action against Gillespie was brought under s 3 of the

1142:

was declared elected to the House of Representatives in a

4552:

The Biographical Dictionary of the Australian Senate 1907

2751:"Fiona Nash latest to be embroiled in citizenship fiasco" 2434:

Free v Kelly & Australian Electoral Commission (No 2)

3290:"House of Representatives Votes and Proceedings No. 100" 1722:. Canberra: Australian Electoral Commission. 19 May 2016 1700:. Canberra: Australian Electoral Commission. 19 May 2016 1108: 4528:"Section 44(i) and (iv) of the Australian constitution" 4514: 4146:"Howard Government fights probity issues on two fronts" 1933:

4.770, 4.493-4.497 and Appendix K, Bill no. 8 (p 1000).

971:

was declared elected as a Senator for WA following the

113:

Subsection 44(i) has generally been interpreted by the

3449:"Josh Frydenberg eligible to sit in Parliament: court" 2345: 2343: 2341: 1606:

in 1996 was that she was serving as an officer of the

1533:

Common Informers (Parliamentary Disqualifications) Act

1395:

Common Informers (Parliamentary Disqualifications) Act

453:. Henry Sue, a voter from Queensland, appealed to the 4890:

Australian Constitution (Public Record Copy) Act 1990

4209:"Bob Day tenders resignation as Family First senator" 3821:"Transcript: Newhouse's election candidacy uncertain" 3637:. Constitution Education Fund Australia. 23 June 2017 2835:. Australian Broadcasting Corporation. 9 October 2017 1840:. Canberra: Department of the Parliamentary Library. 4711:

Chapter III of the constitution of Australia: Courts

3178: 2915: 2913: 2911: 2909: 2907: 2905: 2903: 2152:"Majority lack sympathy for citizenship MPS - 9News" 2091:"PM confident no more Coalition MPs are set to fall" 2011:"When dual citizenship becomes conflict of interest" 1720:"Candidates Handbook: Nominations, Nomination Forms" 108: 4926:

2017–18 Australian parliamentary eligibility crisis

3152: 3023: 2338: 2213:"Is Australia headed for another citizenship saga?" 478:

2017–18 Australian parliamentary eligibility crisis

472:

2017–18 Australian parliamentary eligibility crisis

156:nations, this is an unusual provision. Neither the 66:(iii.) Is an undischarged bankrupt or insolvent: or 39:

2017–18 Australian parliamentary eligibility crisis

26:. It has generally arisen for consideration by the 3761:Final Report of the Constitutional Commission 1988 3553: 3317: 2165: 2065:"So, what's the story with this dual citizenship?" 1929:Final Report of the Constitutional Commission 1988 1742:Final Report of the Constitutional Commission 1988 4182: 3211:Gartrell, Adam; Bagshaw, Eryk (6 December 2017). 3084:Belot, Henry; Doran, Matthew (22 November 2017). 2900: 2390: 2388: 896:on 28 July 2018, with all four being re-elected. 278: 98:several disqualifications under sub-section 44(i) 5811: 4307:Murphy, Katharine; Karp, Paul (17 August 2017). 4164:"Member for Leichhardt: Disclosure of Interests" 4100: 3765:4.837-4.863 and Appendix K, Bill no. 8 (p 1001). 3185:Hitchick, Merran; Ball, Andy (7 December 2017). 2776:Remeikis, Amy; Gartrell, Adam (18 August 2017). 2775: 2650:Gartrell, Adam; Remeikis, Amy (14 August 2017). 2649: 1290:2017 Australian parliamentary eligibility crisis 1253:2017 Australian parliamentary eligibility crisis 100:during 2017, on 28 November 2017 Prime Minister 4573:"Constitution of Australia, Chapter I, Part IV" 3210: 2428: 2426: 2238:"Petition against Mr. O'Connor; M.P. withdrawn" 2038:"Dion among a dozen MPs with dual citizenships" 1661:Each judgment is separately paragraph-numbered. 1602:One aspect of the challenge to the election of 1337:Martin was the second-listed candidate for the 1085:. On 23 December 2016 the Federal Court made a 144:reported that at least nine MPs elected at the 4525: 3256: 3051: 2934: 2932: 2613:Senate Hansard (proof) 9 August 2017, pp 58-62 2385: 2318: 2316: 2314: 2312: 2310: 2308: 2184: 1048: 383:A "mental element" had been explicit in early 293:was elected as a Senator for NSW in 1987. The 4613: 4599: 1619:than was necessary. Kelly won the subsequent 1032:, of which all three ministers were members. 615:, Deputy Prime Minister and Nationals leader 328:decision was based on the requirement in the 4243: 4200: 3606:Bucci, Nino; Massola, James (23 June 2017). 3605: 3184: 2423: 2185:Al Asedy, Hussein; Finlay, Lorraine (2019). 2138:"Majority lack sympathy for citizenship MPS" 990:Three ministers and contempt of court (2017) 954: 919: 192:citizenship of the Commonwealth of Australia 4716:Section 75 of the Constitution of Australia 4675:Section 61 of the Constitution of Australia 4639:Section 51 of the Constitution of Australia 4280: 3687: 2929: 2476: 2419:. Sydney: Legal Books. pp. 407–8, 410. 2305: 2062: 1828: 1448:argued that the reasoning of Barwick CJ in 1201:, it was claimed by the Liberal Party that 1144:by-election for the Victorian seat of Wills 912:of the High Court referred the case to the 673:Section 64 of the Constitution of Australia 358:by-election for the Victorian seat of Wills 5715:(xviii) Copyrights, patents and trademarks 4783:Implied freedom of political communication 4606: 4592: 4306: 4070:"Candidates, Members and the Constitution" 3796: 3794: 3744: 3675:. Parliament of Australia. 11 January 2017 3488: 3126: 3083: 2498: 2448: 2282:– via National Library of Australia. 2258: 2254:– via National Library of Australia. 2194:University of Western Australia Law Review 1552:challenge to a migration decision made by 1471: 1124: 4400: 4358: 4058:(1976) 3 Monash University Law Review 91. 3843: 3577: 3509:"One Nation senator conviction set aside" 3446: 3230: 3100: 1488: 1405:The issue arose again in 1999 concerning 1283: 1192: 899: 407:for the House of Representatives seat of 4880:Statute of Westminster Adoption Act 1942 4332: 4206: 4197:(2001) 22 Sydney Law Review 53 at p. 64. 3917: 3911: 3501: 3404: 3323: 3003: 2853: 2623: 2617: 2606: 2554: 2552: 2088: 1594: 1496:member of the House of Representatives, 1164: 1028:and had only a one-seat majority in the 1006:and Assistant Minister to the Treasurer 853:on 20 April 2016, in the lead-up to the 338: 4207:Anderson, Stephanie (1 November 2016). 4067: 4047: 3984: 3944:Knaus, Christopher (16 November 2017). 3800: 3791: 3324:Peatling, Stephanie (6 December 2017). 2516:"Statement from Senator Larissa Waters" 2363: 2351:"Robert Wood: a man committed to peace" 1936: 1884: 1882: 1798: 1796: 1781:. 21 September 1897. pp. 1011–1015 1400: 1053: 664:Before they were ruled ineligible, the 49:Section 44 of the Constitution states: 5812: 5680:(v) Post and telegraph (communication) 4548:"O'Loghlin, James Vincent (1852–1925)" 4359:Whitbourn, Michaela (23 August 2017). 4106: 4097:Penalty for sitting when disqualified. 3349: 3262: 3236: 3204: 3158: 3132: 3106: 2959: 2847: 2821: 2723: 2695: 2675: 2414: 2296:High Court (Fullagar J) 23 August 1950 2230: 1543: 1372:Department of Housing and Construction 1311: 391: 4941:Separatist movements within Australia 4788:Implied immunity of instrumentalities 4587: 4300: 3943: 3918:Hutchens, Gareth (15 November 2017). 3891: 3447:Whitbourn, Michaela (17 March 2020). 3263:Murphy, Katharine (1 February 2018). 3088:. Australian Broadcasting Corporation 2886:Constitution Education Fund Australia 2801: 2558: 2549: 2540: 2210: 2008: 1864:Constitution Education Fund Australia 1476:In August 2017, it was reported that 1109:(iv) Office of profit under the Crown 924: 365: 4992:VIII: Alteration of the Constitution 4931:List of proposed states of Australia 4498: 4478: 4452: 4426: 4401:Wahlquist, Call (27 November 2018). 3745:Moens, Gabriël; Trone, John (2007). 3378: 2960:Murphy, Katharine (18 August 2017). 2676:Murphy, Katharine (14 August 2017). 2063:O'Flynn, Angharad (17 August 2017). 1879: 1793: 1540:referral with respect to Gillespie. 1354: 1081:, seeking to have Culleton declared 1061:A third part of Nile's challenge to 932:Another part of Nile's challenge to 482: 419: 5775:(xxxv) Conciliation and arbitration 4906:Constitutional history of Australia 4281:Blackshield, Tony (12 April 2017). 4107:Murray, Stephen (26 January 2017). 3829:Australian Broadcasting Corporation 3159:Phelan, Andrew (29 November 2017). 3133:Phelan, Andrew (17 November 2017). 3107:Phelan, Andrew (17 November 2017). 2499:Strutt, J; Kagi, J (14 July 2017). 1263:should be declared elected and the 309:in Sydney Harbour. The High Court, 44: 13: 4078:Parliamentary Library of Australia 3807:Parliamentary Library of Australia 3712:Culleton v Balwyn Nominees Pty Ltd 3656:Balwyn Nominees Pty Ltd v Culleton 3495:Parliamentary Library of Australia 2854:Gartrell, Adam (10 October 2017). 2624:Hutchens, Gareth (9 August 2017). 2513: 1674: 1232: 1189:that her resignation had created. 1072: 635:—their cases were referred to the 14: 5831: 5670:(i) Interstate trade and commerce 4565: 3985:Maloney, Matt (8 February 2018). 3578:Wahlquist, Calla (23 June 2017). 3237:Branco, Jorge (19 January 2018). 3004:Remeikis, Amy (1 November 2017). 2802:Davey, Melissa (19 August 2017). 2724:Hunter, Fergus (15 August 2017). 2167:"Voters turn on dual-citizen MPs" 1944:"MPs dual citizenship challenged" 1641:Constitution of the United States 1259:. The recount had indicated that 109:(i) Allegiance to a foreign power 4540: 4472: 4446: 4420: 4394: 4378: 4352: 4326: 4274: 4226: 4176: 4156: 4138: 4122: 4084: 4061: 4041: 4027:"Chapter 7: Pecuniary interests" 4019: 3997: 3978: 3963: 3937: 3892:Hoerr, Karl (22 December 2017). 3885: 3869: 3803:"Section 44 of the Constitution" 2089:Gartrell, Adam (December 2017). 2009:Hager, Michael (30 April 2015). 1614:on 17 February. The majority in 1425: 1113:Subsection 44(iv) refers to an " 782: 768: 756: 742: 730: 716: 704: 564: 552: 538: 526: 512: 500: 243:, an unsuccessful candidate for 225: 213: 186:, a citizen of a country in the 126:(or, before the introduction of 5720:(xix) Naturalization and aliens 4533:Parliamentary Debates (Hansard) 4453:Karp, Paul (28 November 2018). 4169:Parliamentary Debates (Hansard) 3813: 3768: 3753: 3738: 3720: 3705: 3665: 3649: 3627: 3599: 3571: 3527: 3482: 3466: 3440: 3424: 3398: 3372: 3343: 3299: 3282: 3077: 2997: 2979: 2953: 2874: 2795: 2769: 2743: 2717: 2669: 2643: 2580: 2534: 2507: 2492: 2477:Kalokerinos, John (June 2001). 2470: 2408: 2286: 2204: 2178: 2158: 2144: 2130: 2110: 2082: 2056: 2030: 2002: 1977: 1954: 1921: 1898: 1889:Commonwealth Electoral Act 1918 1870: 1655: 1646: 1633: 1537:Commonwealth Electoral Act 1918 1368:Postmaster-General's Department 1270:Administrative Appeals Tribunal 1138:In 1992, Independent candidate 829:by-election in Alexander's seat 331:Commonwealth Electoral Act 1918 86:Australian Electoral Commission 30:sitting in its capacity as the 5770:(xxxi) Acquisition of property 4526:Blackshield, T (15 May 1997). 4333:Gartrell, Adam (7 July 2017). 3405:Remeikis, Amy (31 July 2019). 1895:Qualifications for nomination. 1852: 1822: 1771: 1749: 1734: 1712: 1690: 1500:came under scrutiny after the 1391:section 46 of the Constitution 1306:Commonwealth Solicitor-General 1302:Australian National University 1065:'s election was that Wood was 1: 5820:Australian constitutional law 4758:Australian Constitutional Law 4479:Karp, Paul (16 August 2019). 4427:Karp, Paul (23 August 2018). 3039:. Australia. 11 November 2017 2714:pp 1, 37-9, 53-5, 57-9, 62-7. 2559:Belot, Henry (25 July 2017). 2541:Belot, Henry (18 July 2017). 2211:Burke, Kelly (10 July 2019). 1668: 1573: 1183:Parliament of South Australia 1095:Governor of Western Australia 271:, and the sovereignty of the 117:as meaning that persons with 4962:II: The Executive Government 4074:Research Paper no.18 2001-02 4054:Monash University Law Review 1876:Articles 1(2)(2) and 1(3)(3) 1520:which leased premises to an 7: 4875:Statute of Westminster 1931 4854:Retirement of judges (1977) 3435:[2019] HCATrans 244 2266:"Catholic M.H.R. wins case" 1561:He had previously resisted 1049:(iii) Bankrupt or insolvent 10: 5836: 4936:Republicanism in Australia 4916:Constitutional Conventions 4773:Constitutional conventions 4152:. abc.net.au. 9 June 1999. 2415:Craven, Greg, ed. (1986). 2069:Law Society of New Zealand 1623:with an increased margin. 1608:Royal Australian Air Force 1432: 1274:Citizenship Seven decision 1209:candidate for the seat of 1131: 1002:, Human Services Minister 961: 696:resignations and referrals 489: 475: 426: 414:Royal Australian Air Force 345: 5655: 5007: 5000: 4949: 4898: 4870:Constitution of Australia 4862: 4806: 4793:Reserve power (sovereign) 4750: 4729: 4698: 4690:Federal Executive Council 4657: 4621: 4615:Constitution of Australia 4365:The Sydney Morning Herald 4339:The Sydney Morning Herald 3991:The Sydney Morning Herald 3613:The Sydney Morning Herald 3453:The Sydney Morning Herald 3379:Karp, Paul (9 May 2018). 3330:The Sydney Morning Herald 3243:The Sydney Morning Herald 3217:The Sydney Morning Herald 3166:. High Court of Australia 3140:. High Court of Australia 3114:. High Court of Australia 2860:The Sydney Morning Herald 2782:The Sydney Morning Herald 2730:The Sydney Morning Herald 2656:The Sydney Morning Herald 2095:The Sydney Morning Herald 1985:"Who can stand as an MP?" 1558:Minister for Home Affairs 1331:Court of Disputed Returns 1012:Supreme Court of Victoria 920:(ii) Criminal convictions 641:Court of Disputed Returns 619:MP, Deputy leader of the 32:Court of Disputed Returns 5745:(xxiiiA) Social security 4644:House of Representatives 3660:[2016] FCA 1578 1626: 1419:Leader of the Opposition 1151:British House of Commons 1030:House of Representatives 855:federal election in 2016 659:British Overseas citizen 597:House of Representatives 5760:(xxix) External affairs 4844:Casual vacancies (1977) 4819:Senate elections (1906) 4556:Parliament of Australia 4035:Parliament of Australia 3716:[2017] FCAFC 8 3477:[2020] FCAFC 41 3437: (12 December 2019) 2926: (27 October 2017). 2882:"The Citizenship Seven" 2486:Parliament of Australia 2463:, (1999) 199 2331:, (1987) 167 1829:O'Brien, Sarah (1992). 1808:Parliament of Australia 1510:Australian Constitution 1472:Barry O'Sullivan (2017) 1091:President of the Senate 802:President of the Senate 455:High Court of Australia 352:The High Court held in 188:Commonwealth of Nations 115:High Court of Australia 24:Parliament of Australia 19:Australian Constitution 5657:Enumerated legislative 4834:Social services (1946) 4829:2nd State debts (1928) 4824:1st State debts (1910) 4763:Responsible government 4737:Inter-State Commission 4010:[1975] HCA 22 2461:[1999] HCA 30 2439:[1996] HCA 42 2376:[1988] HCA 22 2329:[1987] HCA 62 1514:Australian Labor Party 1489:David Gillespie (2018) 1478:Liberal National Party 1324:. Martin was mayor of 1284:Andrew Bartlett (2017) 1207:Australian Labor Party 1193:George Newhouse (2007) 987: 900:Josh Frydenberg (2019) 796:After the decision in 677:Minister for Resources 601:Liberal National Party 595:and one member of the 128:Australian citizenship 82: 5765:(xxx) Pacific islands 4972:IV: Finance and Trade 4798:Reserved State powers 4391: (21 March 2018). 4389:[2018] HCA 11 4256:[2017] HCA 14 4068:Bennett, Bob (2002). 4048:Hammond, J D (1976). 3880:[2017] HCA 52 3801:Holland, Ian (2004). 3700:[2017] HCA 3 3491:"Crime and Candidacy" 2924:[2017] HCA 45 2399:[1992] HCA 60 2293:Crittenden v Anderson 1526:2016 federal election 1461:, as permitted since 1339:Jacqui Lambie Network 1251:In the course of the 1199:2007 federal election 1173:had been employed by 1165:Jeannie Ferris (1996) 982: 973:2016 federal election 813:Jacqui Lambie Network 435:1998 federal election 401:1996 federal election 241:1946 federal election 203:Crittenden v Anderson 146:1987 federal election 51: 4863:Constitutional texts 4768:Separation of powers 3974:[2018] HCA 6 3898:ABC News (Australia) 3733:[2017] HCA 4 3566:[2017] HCA 4 3515:. AAP. 8 August 2016 3479: (17 March 2020) 3473:Staindl v Frydenberg 3431:Staindl v Frydenberg 1918:Recommendations 1-4. 1439:On 1 November 2016, 1401:Warren Entsch (1999) 825:Skye Kakoschke-Moore 749:Skye Kakoschke-Moore 5755:(xxvii) Immigration 5659:powers (Section 51) 4967:III: The Judicature 4511:Ministers of State. 3489:Holland, I (2003). 2522:. Australian Greens 1544:Peter Dutton (2018) 1326:Devonport, Tasmania 1312:Steve Martin (2018) 1205:, the high-profile 1087:sequestration order 631:leader and Senator 56:. Any person who – 5790:(xxxviii) Imperial 5780:(xxxvi) Transition 4987:VII: Miscellaneous 4885:Australia Act 1986 4849:Referendums (1977) 4839:Aboriginals (1967) 4814:Referendum process 4730:Other institutions 4721:Boilermakers' Case 4261:"Judgment summary" 3857:. 10 November 2017 3831:. 14 November 2007 3728:Re Culleton (No 2) 3561:Re Culleton (No 2) 3313:. 4 December 2017. 3311:thenewdaily.com.au 3065:. 14 November 2017 2993:. 29 October 2017. 2940:"Judgment summary" 2356:The Canberra Times 2243:The Canberra Times 1948:The Canberra Times 1810:. 28 November 2017 1459:Convention Debates 964:Re Culleton (No 2) 956:Re Culleton (No 2) 681:Northern Australia 629:Nick Xenophon Team 403:, the election of 273:Vatican City State 265:Constitution s 116 158:British Parliament 152:Compared to other 141:The Canberra Times 124:Australian Citizen 17:Section 44 of the 5807: 5806: 5803: 5802: 5785:(xxxvii) Referral 5725:(xx) Corporations 4957:I: The Parliament 4622:Legislative power 4385:Alley v Gillespie 4239:. 6 January 2017. 4193:Sydney Law Review 3541:. 25 October 2016 2888:. 13 October 2017 2514:Waters, Larissa. 2126:. 28 August 2017. 2044:. 8 December 2006 1687:Disqualification. 1639:In contrast, the 1612:Air Force Reserve 1296:replaced Senator 996:contempt of court 581:Australian Greens 443:Australian Senate 366:violated s 44(iv) 360:was void because 295:Call to Australia 199:Sarina v O'Connor 5827: 5795:(xxxix) Incident 5740:(xxiii) Pensions 5005: 5004: 4685:Governor-General 4608: 4601: 4594: 4585: 4584: 4580: 4560: 4559: 4544: 4538: 4537: 4523: 4512: 4502: 4496: 4495: 4493: 4491: 4476: 4470: 4469: 4467: 4465: 4450: 4444: 4443: 4441: 4439: 4424: 4418: 4417: 4415: 4413: 4398: 4392: 4382: 4376: 4375: 4373: 4371: 4356: 4350: 4349: 4347: 4345: 4330: 4324: 4323: 4321: 4319: 4304: 4298: 4297: 4295: 4293: 4278: 4272: 4271: 4265: 4247: 4241: 4240: 4238: 4230: 4224: 4223: 4221: 4219: 4204: 4198: 4196: 4180: 4174: 4173: 4160: 4154: 4153: 4142: 4136: 4126: 4120: 4119: 4117: 4115: 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5829: 5828: 5826: 5825: 5824: 5810: 5809: 5808: 5799: 5710:(xiv) Insurance 5690:(ix) Quarantine 5658: 5651: 4996: 4945: 4894: 4858: 4802: 4746: 4725: 4694: 4658:Executive power 4653: 4617: 4612: 4571: 4568: 4563: 4546: 4545: 4541: 4524: 4515: 4503: 4499: 4489: 4487: 4477: 4473: 4463: 4461: 4451: 4447: 4437: 4435: 4425: 4421: 4411: 4409: 4399: 4395: 4383: 4379: 4369: 4367: 4357: 4353: 4343: 4341: 4331: 4327: 4317: 4315: 4305: 4301: 4291: 4289: 4279: 4275: 4263: 4259: 4248: 4244: 4236: 4232: 4231: 4227: 4217: 4215: 4205: 4201: 4181: 4177: 4162: 4161: 4157: 4144: 4143: 4139: 4127: 4123: 4113: 4111: 4105: 4101: 4089: 4085: 4066: 4062: 4046: 4042: 4025: 4024: 4020: 4002: 3998: 3983: 3979: 3968: 3964: 3954: 3952: 3942: 3938: 3928: 3926: 3916: 3912: 3902: 3900: 3890: 3886: 3874: 3870: 3860: 3858: 3849: 3848: 3844: 3834: 3832: 3819: 3818: 3814: 3799: 3792: 3781: 3779: 3773: 3769: 3759: 3758: 3754: 3743: 3739: 3725: 3721: 3710: 3706: 3692: 3688: 3678: 3676: 3671: 3670: 3666: 3654: 3650: 3640: 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261:Kingsford Smith 257:Gordon Anderson 237: 236: 235: 234: 233: 232:Gordon Anderson 230: 222: 221: 218: 207: 174:In May 2018, a 132:British subject 111: 47: 12: 11: 5: 5833: 5823: 5822: 5805: 5804: 5801: 5800: 5798: 5797: 5792: 5787: 5782: 5777: 5772: 5767: 5762: 5757: 5752: 5747: 5742: 5737: 5735:(xxii) Divorce 5732: 5730:(xxi) Marriage 5727: 5722: 5717: 5712: 5707: 5705:(xiii) Banking 5702: 5700:(xii) Currency 5697: 5692: 5687: 5682: 5677: 5672: 5667: 5663: 5661: 5653: 5652: 5650: 5649: 5644: 5639: 5634: 5629: 5624: 5619: 5614: 5609: 5604: 5599: 5594: 5589: 5584: 5579: 5574: 5569: 5564: 5559: 5554: 5549: 5544: 5539: 5534: 5529: 5524: 5519: 5514: 5509: 5504: 5499: 5494: 5489: 5484: 5479: 5474: 5469: 5464: 5459: 5454: 5449: 5444: 5439: 5434: 5429: 5424: 5419: 5414: 5409: 5404: 5399: 5394: 5389: 5384: 5379: 5374: 5369: 5364: 5359: 5354: 5349: 5344: 5339: 5334: 5329: 5324: 5319: 5314: 5309: 5304: 5299: 5294: 5289: 5284: 5279: 5274: 5269: 5264: 5259: 5254: 5249: 5244: 5239: 5234: 5229: 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4577:www.aph.gov.au 4567: 4566:External links 4564: 4562: 4561: 4539: 4513: 4497: 4471: 4445: 4419: 4393: 4377: 4351: 4325: 4299: 4283:"Close of Day" 4273: 4242: 4225: 4199: 4175: 4155: 4137: 4121: 4099: 4083: 4060: 4040: 4018: 3996: 3977: 3962: 3936: 3910: 3884: 3868: 3842: 3812: 3790: 3767: 3752: 3737: 3719: 3704: 3686: 3664: 3648: 3626: 3598: 3570: 3552: 3526: 3500: 3481: 3465: 3439: 3423: 3397: 3371: 3342: 3316: 3298: 3281: 3255: 3229: 3203: 3177: 3151: 3125: 3099: 3076: 3050: 3022: 2996: 2978: 2952: 2928: 2899: 2873: 2846: 2820: 2794: 2768: 2742: 2716: 2694: 2668: 2642: 2616: 2605: 2579: 2548: 2533: 2506: 2491: 2469: 2447: 2422: 2407: 2395:Sykes v Cleary 2384: 2362: 2337: 2304: 2285: 2257: 2229: 2203: 2177: 2172:The Australian 2157: 2154:. 15 May 2018. 2143: 2129: 2109: 2081: 2055: 2029: 2001: 1976: 1953: 1935: 1920: 1897: 1878: 1869: 1851: 1821: 1792: 1770: 1748: 1733: 1711: 1689: 1672: 1670: 1667: 1664: 1663: 1654: 1645: 1631: 1630: 1628: 1625: 1616:Sykes v Cleary 1599: 1593: 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