Constitution Act, s44 consultation
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/*
* Codebase: Constitution Act, s44 consultation
* Contributor: Andrew Mowbray
* Contributor: Graham Greenleaf
* Last updated: 19 August 2019
*
* Disclaimer
* ----------
* This codebase 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+