Talk:Section 44 of the Constitution of Australia/Archive 1

Archive 1

Standing or elected?

The first para of the article refers (twice) to standing for parliament, whereas the Act refers to being 'incapable of being chosen or of sitting". Does that mean that you can stand as a dual citizen, but you can't be elected? WWGB (talk) 12:14, 23 December 2007 (UTC)

The relevant part of the constitution says "shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives". I personally interpret that as "you can stand, you just can't actually be elected or take your seat". In practice, I suspect they are the same thing, and the various sources use one or the other. Lankiveil (talk) 12:23, 23 December 2007 (UTC).

Under the section entitled "Who can nominate as a candidate?" of this Electoral Commission page: [1], it states "You cannot nominate for the Senate or the House of Representatives if you: ... are disqualified by section 44 of the Constitution and have not remedied that disqualification before nomination", which is counter to what I put above. Can anyone more versed in constitutional law shine a light upon this? Lankiveil (talk) 12:28, 23 December 2007 (UTC).

I'll dig up my public law notes in a couple of days if Thebainer hasn't gotten to it first (it's nearly midnight and I'm too tired to be doing this sort of thing). In the meantime, I really suggest that someone write a section on Sykes v Cleary, as it strikes me as very odd to mentioning the Scullion and Newhouse issues and not the major piece of caselaw on the section. (While we're on the topic, Free v Kelly should probably be in here too.) I'd do it myself, but I probably won't have a chance for a few days with Christmas and all. Rebecca (talk) 12:46, 23 December 2007 (UTC)

Some relevant material: Sykes v Cleary, SMH article, Free v Kelly. WWGB (talk) 13:04, 23 December 2007 (UTC)

I've added a short section. I freely admit I know not much more than the average layman about this topic, I was merely trying to assist in the Good Article assessment of Sue v Hill, idly clicked on the link, and got interested. So, if there are any elementary errors of interpretation, I do apologise. Lankiveil (talk) 13:35, 23 December 2007 (UTC).

Thanks for adding that - it's brief, but it'll do for now. I'll aim to expand it some (and write seperate articles for Cleary and Kelly) - I remember being examined pretty heavily on this stuff, so I should be able to expand it in a bit more detail.

I also deleted the section about Nigel Scullion. He simply consulted for advice, concluded he was in the clear, and nothing more came of it. From memory, thirty or so MPs had to do the same after Cleary - there was quite a public kerfuffle back then, and the only thing that's really any different about Scullion is that he had to more recently. We'd be better to stick to the actual caselaw. Rebecca (talk) 13:43, 23 December 2007 (UTC)

Fair enough. Is there any examples of anyone getting skewered on the thing that Scullion was worried about? I think the article would benefit from covering a variety of situations, not just forgetful public servants forgetting to resign before they registered. Lankiveil (talk) 13:55, 23 December 2007 (UTC).

Yep - there's an actual case on this point. Re Webster, sometime in the late 1970s. Similar sort of situation to that of Scullion with a Country Party Senator, Fraser government-sympathetic court ruled he was fine. Scullion may well have gotten off easily because of that case, though I'd have to recheck the detail. Rebecca (talk) 18:48, 23 December 2007 (UTC)

S 44(v)

Possible action under s 44(v), to be tracked for possible mention: Gartrell, Adam (7 July 2017). "Turnbull government at threat as Labor plans High Court challenge". Sydney Morning Herald. Retrieved 7 July 2017. The connection is more tenuous than with Bob Day. I'm inclined to think that the connection has to be plainer than this, given that the issue is removal of an elected member: there has to be a real possibility that the connection could result in improper Commonwealth government influence on the member's parliamentary duties. But the prospect of such an action seems good for getting on the government's nerves. Wikiain (talk)

Like you I suspect the challenge won't succeed - Gillespie has an indirect interest in the lease, not the Aus Post licence. Whichever way it goes the decision will shed some light on a little litigated section of the constitution. Find bruce (talk) 08:38, 7 July 2017 (UTC)

Yup, and apparently it's going ahead: Chan, Gabrielle (7 July 2017). "Labor challenges election of Nationals MP David Gillespie in high court". The Guardian. Retrieved 7 July 2017. Wikiain (talk) 14:03, 7 July 2017 (UTC)

Gillespie is said to have "senior legal advice" that his position is legally sound: Knaus, Christopher (9 July 2017). "Barnaby Joyce believes Nationals MP has no case to answer despite court challenge". The Guardian. Retrieved 9 July 2017. Wikiain (talk) 03:17, 9 July 2017 (UTC)

Apparently the post office in question is to be sold. I think it can be assumed that no Commonwealth entity will offer to buy it. The sale would conveniently terminate the connection that is the basis of the s 44(v) issue. But it would not affect the matter to come before the High Court: that the connection existed when Gillespie was nominated for election and when he was elected, and that therefore he may have been ineligible to sit in Parliament since then. See: Gartrell, Adam (9 July 2017). "'Price reduced for quick sale': the post office that could topple Turnbull". The Guardian. Retrieved 9 July 2017. Wikiain (talk) 12:30, 9 July 2017 (UTC)

S 44 on the loose - 2017

Section 44 has gone on the loose in 2017, as to several parts of it. This section of Talk provides sub-sections for each part of s 44, with hope of us being able to keep track. Wikiain (talk) 11:55, 20 July 2017 (UTC)

Kindly add (and sign) your comments under each sub-section of this Talk:

S 44(i)

General

http://www.smh.com.au/federal-politics/political-news/greens-senator-resignations-overseas-born-mps-insist-they-clear-to-sit-in-parliament-20170719-gxej8z.html

http://www.smh.com.au/federal-politics/political-news/i-want-the-job-22yearold-greens-jordon-steelejohn-to-replace-scott-ludlam-in-senate-20170720-gxf1q0.htm

https://www.theguardian.com/australia-news/2017/jul/20/disability-advocate-jordon-steele-john-of-the-greens-set-to-become-youngest-australian-senator Wikiain (talk) 12:06, 20 July 2017 (UTC)

http://www.smh.com.au/federal-politics/political-opinion/the-absurd-case-of-dr-mike-freelander-demonstrates-a-constitution-in-dire-need-of-an-update-20170727-gxjwe5.html Wikiain (talk) 22:57, 27 July 2017 (UTC)

On a lighter note: http://www.huffingtonpost.com.au/2017/07/26/dual-citizenship-blues_a_23048342/ Wikiain (talk) 00:16, 28 July 2017 (UTC)

On 28 July 2017 The Australian reported that 21 members of the Australian House of Representatives have in the past identified themselves, for example in maiden speeches, as having parents or grandparents born outside Australia; they include National Party leader and Deputy Prime Minister Barnaby Joyce (New Zealand and UK) and Australian Labor Party deputy leader Tanya Plibersek (Slovenia): Rosie Lewis, "MP fiasco extends to bloodlines" (paywalled). The Greens and One Nation, as well as the Guardian, have called for an audit of all members of the parliament regarding s 44(i). Wikiain (talk) 12:48, 28 July 2017 (UTC)

By 30 July it seems to be getting forgotten in the media that s 44(i) does not refer solely to actual citizenship, allegiance etc. but also to being "entitled to the rights or privileges of a subject or a citizen of a foreign power". This seems to cover somebody who, although not currently a citizen of country X, can have its citizenship for the asking. If so, only renunciation of the right will suffice. Then s 44(i) may still apply to Canavan and Banks—at least. Wikiain (talk) 05:53, 30 July 2017 (UTC)

The Australian Greens have proposed that the two Houses should hold parallel inquiries into their members' citizenship, to be run by independent experts in immigration law and the constitution, Greens leader Richard Di Natale (born in Australia of Italian immigrant parents) stating "It's pretty straightforward": Ireland, Judith (31 July 2017). "Two inquiries needed to audit MPs' citizenship: Greens". Sydney Morning Herald. Retrieved 1 August 2017. Wikiain (talk) 04:54, 1 August 2017 (UTC)

This is anything but straightforward but, anyway, the numbers aren't there now for the proposal to get up: Ireland, Judith (2 August 2017). "Citizenship issue is a can of worms, but it has to be opened". Sydney Morning Herald. Retrieved 3 August 2017. Wikiain (talk) 01:17, 3 August 2017 (UTC)

http://www.smh.com.au/federal-politics/political-news/parliament-citizenship-crisis-labor-planning-counterattack-if-malcolm-turnbull-sends-their-mps-to-court-20170816-gxxntg.html https://www.stuff.co.nz/world/australia/95819692/rocked-by-citizenship-drama-turnbull-government-ponders-nuclear-option Wikiain (talk) 14:02, 16 August 2017 (UTC)

• From what I've seen elsewhere, a massive hole in this article is coverage of Sykes v Cleary (and that's just a redirect to iv) in the section on (i). Although it starts with the employment status of Cleary, the case also covered the citizenships & eligibility of other candidates, ruling that it was an issue that needed resolving if they were to stand again. Does anyone feel able to add a section to the article that covers the legal issues involved? Timrollpickering 22:30, 17 August 2017 (UTC)

Yes: I'm working on it. Wikiain (talk) 00:36, 18 August 2017 (UTC)

A good contribution by Wikiain but the level of detail overwhelmed the rest of the article. The detail covered most of what would be needed for a separate article on the case so I have moved it to Sykes v Cleary & put a summary paragraph into the section on (i). Find bruce (talk) 01:39, 20 August 2017 (UTC)

Wonderful! I had planned so to do, but my brain was hurting. Wikiain (talk) 02:21, 20 August 2017 (UTC)

Matthew Canavan

26 July 2017: Senator and minister Matthew Canavan stands aside after finding that he may be an Italian citizen. My guess that his registration as an Italian citizen will turn out to be invalid if, as he says, the application was made without his knowledge or consent, which is a matter of Italian law and not (at least so far) for the High Court of Australia. This is about registration: he may nonetheless be an Italian citizen by operation of law, but we don't have the relevant information. Until the question of dual citizenship is resolved, he should not participate in any parliamentary affairs.

http://www.smh.com.au/federal-politics/political-news/resources-minister-matt-canavan-could-be-dualitalian-citizen-and-may-have-to-resign-20170725-gxijvq.html https://www.theguardian.com/australia-news/2017/jul/25/matt-canavan-quits-cabinet-over-dual-citizenship-uncertainty Wikiain (talk) 22:53, 25 July 2017 (UTC)

http://www.smh.com.au/federal-politics/political-news/matt-canavan-citizenship-resignation-barnaby-joyce-defends-exemplary-person-amid-new-questions-20170725-gxis6e.html Wikiain (talk) 04:19, 26 July 2017 (UTC)

This article now asserts that Canavan always has been an Italian citizen: http://www.smh.com.au/federal-politics/political-news/more-mps-could-be-at-risk-as-dual-citizenship-crisis-threatens-to-widen-20170726-gxjaz7.html I'd agree that this is probably correct, IF it is the case that both parents were born in Italy—but Italian nationality law appears to be unusually complex. At the moment, in relatively technical legal terms I can't see an issue for the High Court, only issues of Italian law. In more practical terms, however: if even one of his parents was born in Italy, it was always obvious that he might be an Italian citizen. That should have been checked before he was nominated for election. If it was checked and he was found not to be an Italian citizen, he should have been able to say that by now. Wikiain (talk) 11:52, 26 July 2017 (UTC)

Except that the same article asserts that both Canavan's parents were born in Australia. While it is be an issue of Italian law, it will still be a matter for the High Court, in the same way as they considered questions of Kenyan law in relation to Lucy Gichuhi - see Re Day [2017] HCATrans 86 What the High Court makes of it will be interesting. Find bruce (talk) 21:36, 26 July 2017 (UTC)

Unlike Gichuhi, where Kenyan law was obscure (and I looked it up myself), for Canavan there is probably a clear-cut issue of Italian law, as experts in it are saying: https://www.theguardian.com/australia-news/2017/jul/26/matthew-canavans-dual-citizen-account-questioned-by-italian-immigration-experts It is still factually unclear whether his mother applied for citizenship on his behalf (which it seems could not have been valid, so he'd be ok) or to register a citizenship that he already had by descent (in which case he'd be in breach of s 44(i)). If he has two Italian parents, or even one, it's likely to be the latter - although we don't yet know for sure. On balance, talking about going to the High Court looks like a smokescreen. Wikiain (talk) 22:25, 26 July 2017 (UTC) Wikiain (talk) 00:10, 27 July 2017 (UTC)

Here is the statement to the Senate by A-G Brandis and by Canavan (thanks to the editor who added it to Canavan's article): http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F5416764%22 Brandis states that "Italian Resident abroad" is "a form of citizenship". Even if it is not full citizenship, it seems likely to come within s 44(i). However, was Canavan registered as an "Italian Resident abroad" because he was considered to have full citizenship by descent? Wikiain (talk) 00:14, 27 July 2017 (UTC)

PS: The Registry of Italians Resident Abroad is a register for existing Italian citizens; it is not a method of obtaining citizenship. Wikiain (talk) 02:01, 27 July 2017 (UTC)

You appear to be overlooking the fact that any question regarding the qualification of Canavan (& indeed Ludlam and Waters) can only be determined by the Senate under section 47 of the constitution or by the High Court under a reference from the Senate pursuant to Commonwealth Electoral Act 1918 (cth) s 376, even if Canavan or anyone else thinks it is clear. Find bruce (talk) 00:40, 27 July 2017 (UTC)

Not at all: there is such a question only if the member doesn't (refuses to) resign from the parliament. Canavan told the Senate that he was still seeking advice about Italian law. He has left the question of resignation from the parliament open, but the government (presumably also getting its own advice) will no doubt want the affair sorted out asap. Wikiain (talk) 02:01, 27 July 2017 (UTC)

A vacancy created by a resignation can only be filled in accordance with s15 of the constitution, whereas a vacancy created by disqualification must be filled by a re-count or a fresh election but the writs have been returned & the election declared. The State Governor cannot issue fresh writs, nor the AEC recount the ballots in the absence of a declaration from the High Court. Kelly conceded (arguably too readily) but the High Court still had to make the declarations for a fresh election - [1996] HCA 42. While this is very interesting & appropriate to monitor for developments, from a wikipedia viewpoint isn't this covered by WP:crystal ? Find bruce (talk) 03:54, 27 July 2017 (UTC)

You raised and I responded on the issue of "qualification". As to Canavan, I think that the qualification ball is still in the court of himself and his lawyers, on matters of Italian law. The prospect of Canavan getting into a court with wigs is as yet crystal ball stuff - although not having to look very far into the future.

Though in my crystal ball (and surely not only mine) looms the prospect that enough members of the House (even one, on the government side, might do it) could find themselves disqualified that there would have to be a general election. For some citizenships by descent, such as British, only parents count; for others, such as Italian, grandparents can count; Ireland even counts, under some circumstances, great-grandparents, and there are probably quite a few members with Irish descent. Wikiain (talk) 04:59, 27 July 2017 (UTC)

"Queensland senator Matt Canavan has failed to release documents that would support his argument that he had no ­involvement in applying for ­Italian citizenship.", The Australian 27 July 2017 (paywalled) Wikiain (talk) 12:38, 27 July 2017 (UTC)

The Australian, 28 July 2017 (paywalled): Rosie Lewis, "MP fiasco extends to bloodlines"; Pamela Williams, "Canavan goes quiet on citizenship ID"; Ean Higgins, "Matt's mum may have to stand before bench"; Graham Richardson, "Canavan's Italian job sounds like a real clunker". Wikiain (talk) 12:58, 28 July 2017 (UTC)

Malcolm Roberts

Still on the loose for s 44(i), there is also One Nation Senator Malcolm Roberts, born in India with a British father: http://www.smh.com.au/federal-politics/political-news/one-nations-malcolm-roberts-under-mounting-pressure-to-prove-citizenship-status-20170726-gxj2ql.html Wikiain (talk) 11:59, 26 July 2017 (UTC)

The Guardian on Canavan links to this on Roberts from Buzzfeed (which I'll take seriously as to the documents reproduced): https://www.buzzfeed.com/markdistefano/here-are-the-online-databases-suggesting-a-one-nation?utm_term=.afD3x5YeY#.mbr0ypDoD. If Roberts was born in India, he may thereby have been an Indian citizen - but he says that he has checked and it wasn't so. If Roberts's father was born in Wales, the father and he were British nationals (Citizens of the UK and Colonies, then British Citizens from 1983); there may also be a line through the mother: Roberts needs to show that he has renounced that. Wikiain (talk) 23:07, 26 July 2017 (UTC)

Details of his Indian birthplace and British parentage appeared in The Australian, 22 July 2017: Rachel Baxendale, "Senator refuses to show proof of sole citizenship" (paywalled). The article also mentions that to make a false statutory declaration is a serious criminal offence. (So is making a false declaration on a federal parliamentary nomination form, such as in the prominent section on dual citizenship.) Wikiain (talk) 23:19, 27 July 2017 (UTC) A conviction on either count could result in his disqualification under Constitution s 44(ii). Wikiain (talk) 02:04, 29 July 2017 (UTC)

These details, as well as an investigation of whether Roberts is a citizen of India: https://www.theguardian.com/australia-news/2017/jul/28/malcolm-roberts-citizenship-explainer-one-nation-or-more. Wikiain (talk) 03:23, 28 July 2017 (UTC)

According to the Constitution of India (1949), Roberts might (depending on whether there was "domicile") have become an Indian citizen at birth (Article 5) but would have lost that citizenship upon voluntarily becoming a citizen of another country (Article 9), in his case Australia. Under Indian law, which does not recognise dual citizenship, he might therefore not have acquired British citizenship; but I don't think that would have been recognised in British law, which for Australian purposes is decisive for identifying British citizenship. Wikiain (talk) 04:16, 28 July 2017 (UTC)

Roberts now "chooses to believe" that he has never been British, which is of no legal consequence: https://www.theguardian.com/australia-news/2017/jul/27/one-nation-malcolm-roberts-choosing-to-believe-he-was-never-british Wikiain (talk) 12:17, 27 July 2017 (UTC)

http://www.smh.com.au/federal-politics/political-news/malcolm-roberts-did-not-receive-confirmation-he-renounced-british-citizenship-until-months-after-election-20170727-gxkbtu.html Wikiain (talk) 12:42, 27 July 2017 (UTC)

http://www.smh.com.au/federal-politics/political-news/malcolm-roberts-expert-anne-twomey-believes-one-nation-senator-may-have-breached-constitution-20170727-gxkeol.html Wikiain (talk) 22:41, 27 July 2017 (UTC)

Roberts might get replaced by Pauline Hanson's sister Judy Smith: http://www.smh.com.au/federal-politics/political-news/pauline-hansons-sister-judy-smith-could-replace-malcolm-roberts-in-the-senate-20170727-gxkfha.html Wikiain (talk) 00:22, 28 July 2017 (UTC)

A week before the parliament resumes on 8 August 2017, there is reportedly increasing interest among some on the Senate crossbench in moving for the Senate to refer Roberts's position to the High Court: Remeikis, Amy; Gartrell, Adam (31 July 2017). "Crossbench poised to refer 'thankful' One Nation senator to High Court". Retrieved 1 August 2017.

Roberts may, as advised by his party leader Pauline Hanson, table his documentation in the Senate when it resumes on 8 August: "Hanson to Roberts: show papers", The Australian 3 August 2017 (paywalled). The story also reports citizenship doubts over Greens Senator Nick McKim and Labor MHR Justine Keay. In both cases the question is whether their renunciation of a foreign citizenship became effective only after the 2016 election. If so, they might be covered by the "reasonable steps" argument, but that would have to be put to the High Court. Wikiain (talk) 01:44, 3 August 2017 (UTC)

Julia Banks

Questions have also been raised in relation to Julia Banks - the headline is a bit dodgy as the article says it was only her father who was born in Greece "Doubts grow over citizenship status of Greek-born Liberal MP Julia Banks". SMH. 20 July 2017. Find bruce (talk) 03:52, 28 July 2017 (UTC)

That only her father was born in Greece doesn't seem to matter: it seems that either parent is enough. What is perplexing, as the article says, is the embassy website's difference between having citizenship by descent and exercising a "right" to it by registration. If she has not registered, the difference is crucial. But the issue seems simple and any Greek migration lawyer should know the answer. My guess is that citizenship is acquired at birth and that registration is about obtaining evidence of the citizenship. If so, Banks has a problem: s 44(i) is about the fact of citizenship; evidence of it is secondary, to do with proving the fact. Wikiain (talk) 04:44, 28 July 2017 (UTC)

The Liberal Party reports that the Greek embassy has stated that she is not a Greek citizen: https://www.theguardian.com/australia-news/2017/jul/28/by-election-fears-liberals-checking-if-victorian-mp-is-greek-citizen-by-descent. I would have thought that the Victorian branch of the Liberal Party would have members prominent among Melbourne lawyers and so be very well placed to run such checks. Next? Wikiain (talk) 12:12, 28 July 2017 (UTC)

A blogger to this Guardian story of 30 July links to a website "Living in Greece", written by an American journalist, which states: "The act of being born to at least one parent or grandparent of Greek origin does not mean you automatically have Greek citizenship if you were born outside Greece. It means you are lawfully bound by policies and rights conferred by the Greek government as a Greek national but not officially recognised as having Greek citizenship." I'm not sure what is meant by "policies and rights conferred by the Greek government as a Greek national", but this seems to raise a possibility that Banks, although not a Greek citizen, nonetheless possesses a Greek status that is covered by s 44(i). That could be a matter for the High Court. Wikiain (talk) 05:40, 30 July 2017 (UTC)

Barnaby Joyce

Covered in the article: happening too fast for discussion! Wikiain (talk) 12:22, 15 August 2017 (UTC)

Shock: secret Kiwi Joyce has been wearing sheep-design socks! My half-serious point, for the benefit of non-Australians, is that the s 44 situation has passed into farce. Wikiain (talk) 13:18, 15 August 2017 (UTC)

At noon on 16 August, based mainly on Sydney Morning Herald yesterday and today: Fairfax Media (publishers of the Sydney Morning Herald and the Melbourne Age) has claimed all along that its research uncovered Joyce's possible NZ citizenship and that he owned up only when they told him they had the story. The government now claims that the NZ government's confirmation resulted from a trick pulled by the Australian Labor Party, through connections between a staffer of Shadow Foreign Minister Penny Wong and the NZ Labour Party. This is denounced as "treason" with a "foreign power" (demonstrating Wong's unfitness for high office) and even underarm bowling (which in trans-Tasman relations may be considerably worse). The Opposition shouts back: "smoke screen". A government attempt to censure Wong in the Senate is not debated. Wikiain (talk) 03:37, 16 August 2017 (UTC)

http://www.smh.com.au/federal-politics/political-opinion/government-counterattack-over-barnaby-joyce-a-clumsy-smokescreen-that-advocates-secrecy-20170816-gxx73o.html Wikiain (talk) 13:52, 16 August 2017 (UTC)

Ann Sudmalis

It is reported that Liberal backbencher Ann Sudmalis may have British nationality: she is said to be checking with British authorities. It appears that she may have been born a Citizen of the United Kingdom and Colonies (CUKC). If so, when the British Nationality Act 1981 came into operation on 1 January 1983 she would have been transferred to one of the new categories of British nationality, probably the complete package British Citizen. On that scenario, under Constitution s 44(i) she has been ineligible for election to the Commonwealth Parliament at least since the High Court decision in Sue v Hill (1999); she was first elected to the Commonwealth Parliament in 2013. Wikiain (talk) 12:22, 15 August 2017 (UTC)

Nick Xenophon

The Australian on 15 August 2017 (Rosie Lewis, "Now Xenophon enters the dual citizenship mix"—paywalled) quoted Senator Nick Xenophon thus:

South Australian senator Nick Xenophon has conceded he never heard back from Greek and Cypriot authorities when he attempted to renounce any possible foreign citizenship, raising fresh questions about his election.

[...]

Senator Xenophon, who leads a crucial bloc of four MPs, is pushing for an independent audit of the ­eligibility of all members and senators, and said he would happily comply. With a mother from Greece and father from Cyprus, Senator Xenophon declared he had “never been a citizen of another country” but acknowledged there was no written proof.

“I’ve never had, never sought, never received citizenship of another country but out of an abundance of caution I wrote to the Greek embassy and Cypriot high commission saying essentially, ‘I’ve never been a citizen, I don’t want to be, so if there’s any question that I could be, I renounce any rights to be’. I don’t know what else I can do in the circumstances,” Senator Xenophon said.

Wikiain (talk) 12:48, 15 August 2017 (UTC)

Michael Keenan

On 16 August 2017 it was claimed that Justice Minister Michael Keenan might be a British national through a British father. The following day, he stated that he had renounced his British citizenship in 2004, before entering Parliament (following the election on 9 October 2004). Wikiain (talk) 23:11, 16 August 2017 (UTC)

Barrow's avoidance strategy

Interesting strategy adopted by David Barrow to try & avoid consequences of holding dual citizenship - applying to revoke British citizenship before he nominated f0r La Trobe in 2010 & then withdrawing the application after the election was lost. He tried to get a declaration from the High Court that his strategy was effective, but Edleman J hosed him out for seeking an advisory opinion Re Barrow [2017] HCA 47. Don't think it is important enough to warrant even a footnote in the article. Find bruce (talk) 03:28, 8 November 2017 (UTC)

S 44(iii)

If Malcolm Roberts - see s 44(i) above - has to be replaced, the recount might skip the next nominee on the One Nation Queensland list because he has become the subject of bankruptcy proceedings and, if declared bankrupt, would be ineligible to sit: http://www.smh.com.au/federal-politics/political-news/pauline-hansons-sister-judy-smith-could-replace-malcolm-roberts-in-the-senate-20170727-gxkfha.html. As long as the bankruptcy action is ongoing, neither the High Court nor the Australian Electoral Commission could take it into account, which would be to prejudge its outcome. However, Constitution s 15 might permit the Parliament or Governor of Queensland to take it into account when making the replacement. Wikiain (talk) 00:49, 28 July 2017 (UTC) Wikiain (talk) 01:01, 3 August 2017 (UTC)

Antony Green addressed Anning a couple of days ago.[2] Anning was not under a cloud of bankruptcy during the time of the election. That would mean there would have been no impediment to his having been elected last July. He could not be disregarded in a recount, so if the outcome was that he was elected, but he is subsequently declared bankrupt, then his seat would be filled as a casual vacancy by the Queensland parliament by a member of PHON. --Scott Davis ^Talk 04:54, 2 August 2017 (UTC)

Thank you: I've redacted the ambiguous part of my previous statement. Wikiain (talk) 01:01, 3 August 2017 (UTC)

S 44(iv)

Andrew Bartlett

Andrew Bartlett, who could replace Larissa Waters in a recount, may not have been validly nominated, owing to his employment by the Australian National University. http://www.smh.com.au/federal-politics/political-news/greens-at-risk-of-losing-a-third-senator-to-section-44-as-doubt-emerges-over-andrew-bartlett-20170720-gxez6p.html https://www.theguardian.com/australia-news/2017/jul/20/andrew-bartletts-university-role-raises-questions-over-greens-candidates-eligibility Wikiain (talk) 12:06, 20 July 2017 (UTC)