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Ch2 House, Government and Opposition / THE MINISTRY / Ministerial salaries / Office of profit



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House of Representatives                                Ch 2                                                 p 71

 

House, Government and Opposition / THE MINISTRY / Ministerial salaries

 

Office of profit

The Constitution d isqualifies any person who ‘holds any office of profit under the Crown’ from being chosen or sitting as a Member of Parliament. 1 The Constitution goes on to provide that this restriction does not apply ‘to the office of any of the Queen’s Ministers of State for the Commonwealth’ 2 who of necessity sit as Members of Parliament. There is therefore no constitutional inconsistency between this section and the later section which authorises the payment of salaries to Ministers of State. 3

No exemption exists, and no payment of salary can be authorised, for a Member of Parliament who is not a Minister performing the duties of Assistant Minister or similarly termed appointee, whether sworn of the Federal Executive Council or not. To be a Minister, and therefore constitutionally eligible to receive a ministerial salary of office, a Member, by definition, must administer a Department of State of the Commonwealth. 4 Parliamentary Secretaries have been able to receive salaries since they became legally defined as Ministers of State in 2000 ( see p.  71 ).



Constitution, s. 44(iv).



Constitution, s. 44.



Constitution, s. 66.



For fuller discussion of this issue see Senate Standing Committee on Constitutional and Legal Affairs, The constitutional qualifications of Members of Parliament ,. PP 131 (1981) Ch. 6.