Section 46 of the Constitution of Australia

Section 46 of the Constitution of Australia provides that until Parliament says otherwise, if a Senator or member of the House of Representatives is constitutionally ineligible to be disqualified from holding that position, they will be liable to pay any person who sues for it 100 pounds for every day that they have sat.

Prompted by the case of James Webster,[1][2] a Senator whose eligibility to sit was questioned in the High Court, Parliament passed the Common Informers (Parliamentary Disqualifications) Act 1975,[3] which replaced the constitutional scheme of penalties for members sitting while ineligible.

Under the new scheme, the quantum of damages which can be recovered is significantly reduced. A person found to be ineligible is liable for a single payment of $200 for sitting in Parliament on or before the day they received notice of the suit challenging their eligibility, and a $200 payment for every day they sit in Parliament after receiving notice of the suit.[4] A twelve month statute of limitations has been introduced,[5] and it is made explicit that a person may not be penalized twice for the same sitting.[6]

See also

References

  1. ↑ Re Webster [1975] HCA 22, (1975) 132 C.L.R. 270 (24 June 1975), H.C.
  2. ↑ Harris, I. C. (2005). House of Representatives Practice (PDF). Canberra: Department of the House of Representatives. p. 154. ISBN 0 642 78510 4.
  3. ↑ Common Informers (Parliamentary Disqualifications) Act 1975 (Cth)
  4. ↑ Common Informers (Parliamentary Disqualifications) Act 1975 (Cth), s 3(1)
  5. ↑ Common Informers (Parliamentary Disqualifications) Act 1975 (Cth), s 3(2)
  6. ↑ Common Informers (Parliamentary Disqualifications) Act 1975 (Cth), s 3(3)
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