Senator ELLISON (Special Minister of State) (11:50 AM) —I move government amendment No. 1:

(1) Schedule 1, item 3, page 4 (lines 6 to 12), omit the paragraph, substitute:

The person named in the Prime Minister's motion is qualified to be chosen as President if, when the motion is moved and affirmed:

(i) the person is qualified to be, and capable of being chosen as, a member of the House of Representatives; and

(ii) the person is not a member of the Commonwealth Parliament or a State Parliament or Territory legislature, or a member of a political party.

This amendment arises from issues dealt with in paragraph 3.74 and onwards of the joint select committee report. It deals with the point at which someone should be qualified to be considered as a candidate for President. We have provided in section 60:

(i) the person is qualified to be, and capable of being chosen as, a member of the House of Representatives; and

(ii) the person is not a member of the Commonwealth Parliament or a State Parliament or Territory legislature, or a member of a political party.

There were some queries raised during the hearings of the joint committee that you might have some very good people who are ineligible to qualify as President but nonetheless could still be so because they could remedy those disabilities, if you like, in the interim. It was thought that the effect of this section, in its current form, might preclude good people from being considered whilst they were not eligible to qualify as President notwithstanding that they could subsequently qualify. The committee report states:

While acknowledging that proposed s.60 in its present form is probably satisfactory, the Committee takes the view that it would be valuable if the Republic Bill contained an express statement of exactly when the qualification requirements must be satisfied. The Committee suggests that the appropriate time would be at the time the Prime Minister puts the motion to Parliament.

That is when the Prime Minister, with the seconding of the Leader of the Opposition, would go to the joint houses of the parliament and put up the name of the candidate. At that point the candidate should be qualified. So we propose to amend section 60 to allow that. Previously, whilst the nominations committee is considering eligible candidates or prospective candidates, that person may or may not meet the qualifications for President but in the interim that can be remedied. If you did have it so rigid, you could rule out the consideration of what might be some excellent candidates for President.

The government thought that section 60 could accommodate that but, having regard to the concerns of the committee, the govern ment thought it would make it absolutely clear. So we have made a slight alteration to the wording of this amendment to read:

The person named in the Prime Minister's motion is qualified to be chosen as President if, when the motion is moved and affirmed:

(i) the person is qualified to be, and capable of being chosen as, a member of the House of Representatives; and

(ii) the person is not a member of the Commonwealth Parliament or a State Parliament or Territory legislature, or a member of a political party.

The seminal point in time, if you like, is when that person's name is put forward in the parliament. Previously, that person does not have to qualify so long as they qualify at the time the motion is put. I think the amendment is a sensible one and I commend it to the Senate.