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Constitution Alteration (Electors' Initiative, Fixed Term Parliaments and Qualification of Members) 2000 [2008]
Schedule 3 Amendment of the Constitution relating to qualification and disqualification of members of Parliament

1  At the end of section 16

Add “and the powers of the Parliament in relation to determining the qualifications of a senator are the same as the powers of the Parliament in relation to determining the qualifications of a member of the House of Representatives”. 

2  Section 34

Repeal the section, substitute:

34   Qualifications of members

             (1)  A person who:

                     (a)  is an Australian citizen; and

                     (b)  is of the age of eighteen years or such lower age as is prescribed by the Parliament; and

                     (c)  is not of unsound mind; and

                     (d)  is not disqualified by or is not in contravention of any laws made by the Parliament under this section;

is qualified to be a member of the House of Representatives.

             (2)  Subject to this Constitution the Parliament may for the purpose of determining the qualifications of a person to be a member of the House of Representatives make laws with respect to:

                     (a)  the procedures for determining whether a person is of unsound mind; and

                     (b)  requiring a person to comply with reasonable conditions as to residence in Australia; and

                     (c)  disqualifying a person whilst he or she is undergoing imprisonment for an offence against a law of the Commonwealth or a State or Territory of the Commonwealth; and

                     (d)  disqualifying a person who has been convicted under a law of the Commonwealth of treason and has not been subsequently pardoned.

3  Sections 44 and 45

Repeal the sections, substitute:

44   Termination of certain employment and vacation of certain offices

                   Any person who:

                     (a)  holds a judicial office under the Crown in right of the Commonwealth or a State or Territory of the Commonwealth; or

                     (b)  is employed in the public service or the parliamentary service of the Commonwealth or is a full-time officer or member of the Defence Force of the Commonwealth; or

                     (c)  is a public authority or is a member of a public authority; or

                     (d)  is a member of the Parliament of a State or of the legislature of a Territory of the Commonwealth; or

                     (e)  is an officer of or is employed in the public service of a State or Territory of the Commonwealth; or

                      (f)  is an officer of or is employed by a public authority which has been declared by the Parliament to be a prescribed authority for the purposes of this paragraph;

ceases to be so employed or to hold that office on the day immediately preceding the day before he or she becomes entitled to an allowance as a senator or member of the House of Representatives.

45   Disqualification of senators and members

             (1)  If a senator or member of the House of Representatives becomes:

                     (a)  subject to any disability mentioned in section 44; or

                     (b)  the holder of a judicial office under the Crown in right of the Commonwealth or a State or Territory of the Commonwealth; or

                     (c)  an officer of or employed in the public service of the Commonwealth or a full-time officer or member of the Defence Force of the Commonwealth; or

                     (d)  a public authority or a member of a public authority; or

                     (e)  a member of the Parliament of a State or of the legislature of a Territory of the Commonwealth; or

                      (f)  an officer of or employed in the public service of a State or Territory of the Commonwealth; or

                     (g)  an officer of or employed by a public authority which has been declared by the Parliament to be a prescribed authority for the purpose of this paragraph;

he or she shall be incapable of sitting as a senator or member of the House of Representatives and his or her seat shall thereupon become vacant.

             (2)  Nothing in this section or section 44 applies to a person who holds an office which is a public authority or who is a member of or who is employed by a public authority:

                     (a)  to which he or she has been appointed by or with the consent or approval of the Parliament and in respect of which he or she receives no remuneration (other than the reimbursement of reasonable expenses); or

                     (b)  that the Parliament has declared is not a public authority to which this section or section 44 applies.

             (3)  In this section and section 44:

public authority means:

                     (a)  any authority, body or office, other than a judicial office, constituted for public purposes by:

                              (i)  legislation of the Commonwealth, a State or a Territory; or

                             (ii)  an act of the executive government of the Commonwealth, a State or a Territory; or

                     (b)  any corporation in which the Commonwealth, a State or a Territory has a controlling interest.

             (4)  Paragraphs (1)(b) and (c) do not apply to any person by reason only of that person holding office as a Queen’s Minister of State for the Commonwealth or as a Parliamentary Secretary to a Minister of State.

45A   Legislative powers relating to qualification and disqualification

             (1)  Subject to this Constitution, the Parliament may make laws with respect to:

                     (a)  the interests, direct and indirect, pecuniary or otherwise, the holding of which by a person shall render him or her incapable of being chosen or of sitting as a senator or a member of the House of Representatives;

                     (b)  corrupt practices or improper influence by or in relation to a senator or member of the House of Representatives, including rendering a person convicted of an offence relating to corrupt practices or improper influence incapable of being chosen or sitting as a senator or a member of the House of Representatives.

             (2)  A law under subsection (1) may extend only to interests which might constitute a material risk of conflict between the public duty and the private interests of a person.

             (3)  Subject to any law made under subsection (1), any person who has any direct or indirect pecuniary interest in any agreement with the public service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.