You are here: DataLex » ElectKB

Constitution Act, s44 consultation

Run consultation | Check Fact Cross References | Check Fact Translations


/*
 *  Knowledge-base: Constitution Act, s44 consultation
 *  Contributor: Andrew Mowbray
 *  Contributor: Graham Greenleaf
 *  Publisher: Australasian Legal Information Institute (AustLII)
 *  Last updated: 19 August 2019
 *
 *  Disclaimer
 *  ----------
 *  This knowledge-base is developed for use with AustLII's DataLex software, 
 *  is intended only for educational and testing purposes, and to demonstrate 
 *  features of the software. It has been developed by AustLII personnel, 
 *  not by electoral and constitutional law experts. It should  not be relied 
 *  upon until it is developed further and this disclaimer is removed or 
 *  modified. Suggestions for improvements to the knowledge base or the
 *  software are welcome, to datalex@austlii.edu.au 
 */

GOAL RULE Eligibility for Nomination to Federal Parliament PROVIDES
  
  the nominee is entitled to be nominated 
      for election to federal parliament ONLY IF
    the nominee is entitled to be nominated 
      under section 163 of the Commonwealth Electoral Act 1918 AND
    section 164 of the Commonwealth Electoral Act 1918 does not apply AND
    section 44 of the Constitution does not apply

/*
 *  Commonwealth Electoral Act 1918 Section 163 -- Qualifications for Nomination
 */

RULE Commonwealth Electoral Act 1918 - Section 163 PROVIDES
  the nominee is entitled to be nominated under section 163 of the
      Commonwealth Electoral Act 1918 ONLY IF
    section 163(1) of the Commonwealth Electoral Act 1918 is satisfied AND
    section 163(2) of the Commonwealth Electoral Act 1918 is not satisfied

RULE Commonwealth Electoral Act 1918 - Section 163(1) PROVIDES
  section 163(1) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    section 163(1)(a) of the Commonwealth Electoral Act 1918 is satisfied AND
    section 163(1)(b) of the Commonwealth Electoral Act 1918 is satisfied AND
    section 163(1)(c) of the Commonwealth Electoral Act 1918 is satisfied

RULE Commonwealth Electoral Act 1918 - Section 163(1)(a) PROVIDES
  section 163(1)(a) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    the age of the nominee IS GREATEREQUAL THAN 18

RULE Commonwealth Electoral Act 1918 - Section 163(1)(b) PROVIDES
  section 163(1)(b) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    the nominee is an Australian citizen

RULE Commonwealth Electoral Act 1918 - Section 163(1)(c) PROVIDES
  section 163(1)(c) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    section 163(1)(c)(i) of the Commonwealth Electoral Act 1918 is satisfied OR
    section 163(1)(c)(ii) of the Commonwealth Electoral Act 1918 is satisfied

RULE Commonwealth Electoral Act 1918 - Section 163(1)(c)(i) PROVIDES
  section 163(1)(c)(i) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    the nominee is an elector entitled to vote at a House of 
      Representatives election

RULE Commonwealth Electoral Act 1918 - Section 163(1)(c)(ii) PROVIDES
  section 163(1)(c)(ii) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    the nominee is qualified to become an elector entitled to vote 
      at a House of Representatives election

RULE Commonwealth Electoral Act 1918 - Section 163(2) PROVIDES
  section 163(2) of the Commonwealth Electoral Act 1918 is satisfied ONLY IF
    section 163(1) of the Commonwealth Electoral Act 1918 is not satisfied

RULE Commonwealth Electoral Act 1918 - Section 164 PROVIDES
  section 164 of the Commonwealth Electoral Act 1918 applies ONLY IF
    section 164(a) of the Commonwealth Electoral Act 1918 applies OR
    section 164(b) of the Commonwealth Electoral Act 1918 applies OR
    section 164(c) of the Commonwealth Electoral Act 1918 applies

RULE Commonwealth Electoral Act 1918 - Section 164(a) PROVIDES
  section 164(a) of the Commonwealth Electoral Act 1918 applies ONLY IF
    the nominee is a member of the Parliament of a State

RULE Commonwealth Electoral Act 1918 - Section 164(b) PROVIDES
  section 164(b) of the Commonwealth Electoral Act 1918 applies ONLY IF
    the nominee is a member of the Legislative Assembly of 
      the Northern Territory of Australia

RULE Commonwealth Electoral Act 1918 - Section 164(c) PROVIDES
  section 164(c) of the Commonwealth Electoral Act 1918 applies ONLY IF
    the nominee is a member of the Legislative Assembly for 
      the Australian Capital Territory


/*
 *      Constitution section 44 -- Disqualification from Eligibility for Office
 */

RULE Constitution - Section 44 PROVIDES
  section 44 of the Constitution applies ONLY IF
    section 44(i) of the Constitution applies OR
    section 44(ii) of the Constitution applies OR
    section 44(iii) of the Constitution applies OR
    section 44(iv) of the Constitution applies OR
    section 44(v) of the Constitution applies

RULE Constitution - Section 44(i) PROVIDES
  section 44(i) of the Constitution applies ONLY IF
    the nominee is under an acknowledgment of allegiance, 
      obedience, or adherence to a foreign power OR
    the nominee is a subject of a foreign power OR
    the nominee is a citizen of a foreign power OR
    the nominee is entitled to the rights or privileges of 
      a subject or a citizen of a foreign power

RULE Constitution - Section 44(ii) PROVIDES
  section 44(ii) of the Constitution applies ONLY IF
    the nominee is attainted of treason OR
    the nominee has been convicted and is under sentence or
      the nominee is subject to be sentenced, for any 
        offence punishable under the law of the 
          Commonwealth or of a State by 
          imprisonment for one year or longer

RULE Constitution - Section 44(iii) PROVIDES
  section 44(iii) of the Constitution applies ONLY IF
        the nominee is an undischarged bankrupt OR
        the nominee is insolvent

RULE Constitution - Section 44(iv) PROVIDES
  section 44(iv) of the Constitution applies ONLY IF
    the nominee holds an office of profit under the Crown AND/OR
    the nominee holds a pension payable during the pleasure 
    of the Crown out of any of the revenues of the 
    Commonwealth AND
    the exception to section 44(iv) of the 
      Constitution does not apply

RULE Constitution - Section 44(v) PROVIDES
  section 44(v) of the Constitution applies ONLY IF
    the nominee has any direct or indirect pecuniary interest in 
    any agreement with the Public Service of the Commonwealth AND 
    all such interests are not as a member and in common with the 
    other members of an incorporated company consisting of more 
    than twenty-five persons

/*
 *      This needs expert help
 */

RULE Constitution - Section 44(iv) (exception) PROVIDES
  the exception to section 44(iv) of the Constitution applies ONLY IF
    the nominee holds the office of any of the Queen's 
      Ministers of State for the Commonwealth OR
    the nominee holds the office of any of the Queen's 
      Ministers for a State OR
    the nominee is a part-time officer or member of the Queen's 
      navy or army OR
    the nominee is a part-time officer or member of the naval 
      or military forces of the Commonwealth 

/*
 *      Acts Interpretation Act 1901 -- Meaning of "Adult"
 */

RULE Acts Interpretation Act 1901 Schedule 1 PROVIDES
        the nominee is an adult ONLY IF
                the definition of "adult" under Schedule 1 of the
                        Acts Interpretation Act 1901 Schedule 1 is met

RULE Acts Interpretation Act 1901 Schedule 1 PROVIDES
        the definition of "adult" under Schedule 1 of the
                        Acts Interpretation Act 1901 Schedule 1 is met ONLY IF
                the age of the nominee IS GREATEREQUAL THAN 18

EXAMPLE Sykes v Cleary  [1992] HCA 60 PROVIDES
the nominee holds an office of profit under the Crown ONLY IF
        the nominee was employed as a teacher at the time of nomination AND
        the nominee was appointed or employed by executive government AND
        the nominee was on unpaid leave at the time of nomination AND
        the nominee was not a judicial member of a tribunal

EXAMPLE Re Nash [No 2]  [2017] HCA 52 PROVIDES
the nominee holds an office of profit under the Crown ONLY IF
        the nominee was not employed as a teacher at the time of nomination AND
        the nominee was appointed or employed by executive government AND
        the nominee was not on unpaid leave at the time of nomination AND
        the nominee was a judicial member of a tribunal

EXAMPLE Re Lambie  [2018] HCA 6 PROVIDES
the nominee does not hold an office of profit under the Crown ONLY IF
        the nominee was not employed as a teacher at the time of nomination AND
        the nominee was not appointed or employed by executive government AND
        the nominee was not on unpaid leave at the time of nomination AND
        the nominee was not a judicial member of a tribunal

RULE teacher is appointed or employed by executive government PROVIDES
IF the nominee was employed as a teacher at the time of nomination THEN
        the nominee was appointed or employed by executive government 

RULE judicial member is appointed or employed by executive government PROVIDES
IF the nominee was a judicial member of a tribunal THEN
        the nominee was appointed or employed by executive government 

PERSON the nominee LINK Constitution TO http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/ LINK section 44 TO http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s44.html LINK direct or indirect pecuniary interest TO http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=&method=auto&query=%28direct+or+indirect%29+near+pecuniary+interest LINK foreign power TO http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?method=boolean&meta=%2Faustlii&query=coaca430+s44+and++foreign+power LINK appointed or employed by executive government TO http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=au%2Fcases%2Fcth%2FHCA&method=auto&query=%28appointed+or+employed%29+w%2F5+executive+government+

This site is powered by FoswikiCopyright © by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding AustLII Communities? Send feedback