Part IV.
Both Houses
of the Parliament.
|
Chapter I
Part IV.—Both Houses of the Parliament.
|
Right of electors
of States.
|
41. No adult person who has
or acquires a right to vote at elections for the more numerous
House of the Parliament of a State shall, while the right continues,
be prevented by any law of the Commonwealth from voting at elections
for either House of the Parliament of the Commonwealth.
|
|
Oath or affirmation
of allegiance.
|
42. Every senator and every member of the House of Representatives
shall before taking his seat make and subscribe before the Governor-General,
or some person authorised by him, an oath or affirmation of allegiance
in the form set forth in the schedule to this Constitution.
|
|
Member of one
House ineligible
for other.
|
43. A member of either House
of the Parliament shall be incapable of being chosen or of sitting
as a member of the other House.
|
Disqualification.
|
44. Any person who—
(i.) Is under any acknowledgment
of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights
or privileges of a subject or a citizen of a foreign power: or
(ii.) Is attainted of treason, or
has been convicted and is under sentence, or 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: or
(iii.) Is an undischarged bankrupt
or insolvent: or
(iv.) Holds any office of profit
under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth:
or
(v.) 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.
But sub-section (iv.) does not apply
to the office of any of the Queen’s Ministers of State for the Commonwealth, or of any of the Queen’s Ministers
for a State, or to the receipt of pay, half pay, or a pension,
by any person as an officer or member of the Queen’s navy or army,
or to the receipt of pay as an officer or member of the naval
or military forces of the Commonwealth by any person whose services
are not wholly employed by the Commonwealth.
|
Vacancy on happening of disqualification.
|
45. If a senator or member
of the House of Representatives—
(i.) Becomes subject to any of the
disabilities mentioned in the last preceding section: or
(ii.) Takes the benefit, whether
by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors: or
(iii.) Directly or indirectly takes
or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the
Parliament to any person or State: his place shall thereupon become
vacant.
|
Penalty for sitting when disqualified.
|
46. Until the Parliament otherwise provides, any person
declared by this Constitution to be incapable of sitting as a
senator or as a member of the House of Representatives shall,
for every day on which he so sits, be liable to pay the sum of
one hundred pounds to any person who sues for it in any court
of competent jurisdiction.
|
Disputed elections.
|
47. Until the Parliament otherwise provides, any question
respecting the qualification of a senator or of a member of the
House of Representatives, or respecting a vacancy in either House
of the Parliament, and any question of a disputed election to
either House, shall be determined by the House in which the question
arises.
|
Allowance
to members.
|
48. Until the Parliament otherwise provides, each senator
and each member of the House of Representatives shall receive
an allowance of four hundred pounds a year, to be reckoned from
the day on which he takes his seat.
|
Privileges, &c.
of Houses.
|
49. The powers, privileges,
and immunities of the Senate and of the House of Representatives,
and of the members and the committees of each House, shall be
such as are declared by the Parliament, and until declared shall
be those of the Commons House of Parliament of the United Kingdom,
and of its members and committees, at the establishment of the
Commonwealth.
|
| Rules and orders. |
50. Each House of the Parliament
may make rules and orders with respect to—
(i.) The mode in which its powers,
privileges, and immunities may be exercised
and upheld:
(ii.) The order and conduct of its
business and proceedings either separately or jointly with the other House.
|
| |
|
|
Chapter I Part V |
For more information about the compliancy standards applied
within the Parliamentary Handbook please see the Accessibility
page.
