Save Search
    Prev (10)   Next (12)   Return to results listPrint ListEmail Document Link

Title

Ch5 Members / QUALIFICATIONS AND DISQUALIFICATIONS / Challenges to membership / Section 44(v) of the Constitution

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Members

Chapter No.

Chapter 05

Page

137

Section No.

 

System Id

procedural/practcer/chapter05.11.doc


Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Previous Fragment    Next Fragment
Ch5 Members / QUALIFICATIONS AND DISQUALIFICATIONS / Challenges to membership / Section 44(v) of the Constitution



Download WordDownload Word

House of Representatives                                Ch 5                                                 p 137

 

Members / QUALIFICATIONS AND DISQUALIFICATIONS / Challenges to membership

 

Section 44(v) of the Constitution

In 1975 a witness appearing before the Joint Committee on Pecuniary Interests alleged that Senator Webster (also a member of the committee) was disqualified from sitting as a Senator under the terms of section 44(v) of the Constitution. The witness alleged that Senator Webster was a director, manager, secretary and substantial shareholder in a company which had had contracts with Commonwealth government departments between 1964 and 1974. 1 On 15 April 1975 the chair of the committee wrote to the President of the Senate informing him of the allegation. 2 The letter was read to the Senate by the President on 15 April 3 and on 22 April the Senate agreed to a resolution referring the following questions to the Court of Disputed Returns:

  • whether Senator Webster was incapable of being chosen or of sitting as a Senator; and

  • whether Senator Webster had become incapable of sitting as a Senator. 4

    • The two questions referred to the Court by the Senate were answered in the negative. 5 The Chief Justice in his judgment said that the facts refuted any suggestion of any lack of integrity on the part of Senator Webster, or of any intention on his part to allow the Crown to influence him in the performance of his obligations as a member of the Senate and further that there was at no time any agreement of any kind between Senator Webster and the Public Service of the Commonwealth. 6

    On 10 June 1999 a motion was moved in the House—

    That the following question be referred to the Court of Disputed Returns for determination, pursuant to section 376 of the Commonwealth Electoral Act 1918 : Whether the place of the honourable Member for Leichhardt (Mr Entsch) has become vacant pursuant to the provisions of section 44(v) of the Constitution.

    The Attorney-General moved, as an amendment—

    That all words after ‘That’ be omitted with a view to substituting the following words: ‘the House determines that the Member for Leichhardt does not have any direct or indirect pecuniary interest with the Public Service of the Commonwealth within the meaning of section 44(v) of the Constitution by reason of any contract entered into by Cape York Concrete Pty Ltd since 3 October 1998 and the Member for Leichhardt is therefore not incapable of sitting as a Member of this House’.

    The amendment and amended motion were carried. Attempts to rescind them and to censure the Attorney-General for usurping the role of the High Court in its capacity to act as the Court of Disputed Returns were negatived. 7



    Joint Committee on Pecuniary Interests of Members of Parliament, Declaration of interests , Transcript of evidence, Vol. 2, 5 March - 15 April, AGPS, Canberra, 1975, p. 1503.



    ‘Qualifications of Senator Webster’, Reference to Court of Disputed Returns , PP 113 (1975) 11.



    J 1974-75/597.



    J 1974-75/628-9.



    J 1974-75/821.



    In re Webster (1975) 132 CLR 270.



    VP 1998-2001/594-607. H.R. Deb. (10.6.99) 6720-35. See also ‘Interpretation of the Constitution or the law’ in Ch. on ‘The Speaker, Deputy Speakers and officers’ for note of Speaker’s decision on the validity of the amendment.