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Ch5 Members / VACANCY / Ineligibility / Consequences of Member sitting while ineligible



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House of Representatives                                Ch 5                                                 p 154

 

Members / VACANCY / Ineligibility

 

Consequences of Member sitting while ineligible

In an early decision concerning the eligibility of a per son chosen to fill a vacancy in the Senate, the High Court observed ‘. . . the return is regarded ex necessitate as valid for some purposes unless and until it is successfully impeached. Thus the proceedings of the Senate as a House of Parliament are not invalidated by the presence of a Senator without title.’ 1



Vardon v. O’Loghlin (1907) 5 CLR 201 at 208.