@ said:
@ said:
Oooooooooooh Section 44..
Another outdated archaic rule to get all in a flap about…
Forget about Energy Prices a sustainable future, Education, Health Care, an ageing population..who bloody cares as long as your grandfather's uncle's aunty wasn't a Kiwi...
Fair suck of the Sav..and people wander why..
Simple really, if you want to be in Federal Parliament you be a citizen of Australia only. I don't think this is an unreasonable expectation.
Also, for Joyce, Nash, Canavan, Roberts and Xenophon
"Section 46 of the Constitution of Australia provides that if a Senator or member of the House of Representatives is constitutionally ineligible or disqualified from holding that position, they will be liable to pay any person who sues for it 100 pounds for every day that they have sat."
Section 46 actually provides - "**Until the Parliament otherwise provides**, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction."
The Parliament has otherwise provided with the the _Common Informers (Parliamentary Disqualification) Act 1975_, section 3 of which states:
**Penalty for sitting when disqualified**
(1) Any person who, whether before or after the commencement of this Act, has sat as a senator or as a member of the House of Representatives while he or she was a person declared by the Constitution to be incapable of so sitting shall be liable to pay to any person who sues for it in the High Court a sum equal to the total of:
(a) $200 in respect of his or her having so sat on or before the day on which the originating process in the suit is served on him or her; and
(b) $200 for every day, subsequent to that day, on which he or she is proved in the suit to have so sat.
(2) A suit under this section shall not relate to any sitting of a person as a senator or as a member of the House of Representatives at a time earlier than 12 months before the day on which the suit is instituted.
(3) The High Court shall refuse to make an order in a suit under this Act that would, in the opinion of the Court, cause the person against whom it was made to be penalized more than once in respect of any period or day of sitting as a senator or as a member of the House of Representatives.
…so the net result of that is they're liable for $200, plus $200 for every day they continue to sit after a suit has been brought under that Act. I'm looking forward to some pest suing all of these people in the High Court to try and make a name for themselves and a few grand. Funny if they win and funny if they lose and cop a massive legal bill for their attempt at notoriety!