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Section 44 of the Constitution of Australia information


Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns.

It has been reviewed several times, but has not been amended. Following several disqualifications under sub-section 44(i), in particular the 2017–18 Australian parliamentary eligibility crisis, in which several high-profile politicians were forced to resign, a new review of the whole section was instituted on 28 November 2017.

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Section 44 of the Constitution of Australia

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Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia...

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Chapter I of the Constitution of Australia

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of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia. The chapter...

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Section 116 of the Constitution of Australia

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Section 116 of the Constitution of Australia precludes the Commonwealth of Australia (i.e., the federal parliament) from making laws for establishing...

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Section 44

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Section 44 may refer to: Section 44 of the Constitution of Australia Section 44 Records, an independent record label Section 44 (New South Wales), a power...

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Section 46 of the Constitution of Australia

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Section 46 of the Constitution of Australia provides a penalty for a Senator or member of the House of Representatives who sits while constitutionally...

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Deputy Prime Minister of Australia

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citizenship at the time of his election in contravention of Section 44 of the Constitution of Australia. Julie Bishop would act in the place of the prime minister...

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Constitution of Australia

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The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It...

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Section 122 of the Constitution of Australia

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Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament...

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Parliaments of the Australian states and territories

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Australia) or House of Assembly (South Australia and Tasmania), and an upper house called the Legislative Council. Section 44 of the Constitution of Australia...

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High Court of Australia

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matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the Judiciary Act 1903...

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Section 90 of the Constitution of Australia

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Section 90 of the Constitution of Australia prohibits the States from imposing customs duties and excise duties. The section bars the States from imposing...

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Sykes v Cleary

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decision of the High Court of Australia sitting as the Court of Disputed Returns on 25 November 1992. The case was a leading decision on Section 44 of the Constitution...

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Larissa Waters

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during the parliamentary eligibility crisis due to her holding Canadian citizenship in violation of Section 44 of the Constitution of Australia. Waters...

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Section 120 of the Constitution of Australia

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Section 120 of the Constitution of Australia provides that Custody of offenders against laws of the Commonwealth Every State shall make provision for...

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Section 119 of the Constitution of Australia

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Section 119 of the Constitution of Australia requires the federal government to protect the states against invasion and, on the application of state governments...

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David Feeney

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dual citizen, which is a breach of section 44 of the Constitution of Australia. Feeney was born in Adelaide, South Australia in 1970, his father having emigrated...

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Fatima Payman

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an Australian citizen in 2005, although this did not automatically revoke her Afghan citizenship. As Section 44 of the Constitution of Australia requires...

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2019 Australian federal election

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under Section 44 of the Constitution of Australia. Three Victorian Liberal candidates had to withdraw based on section 44 issues. Following the Liberal...

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Constitutional crisis

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in the Parliament of Australia was called into question because of their actual or possible dual citizenship. The issue arises from section 44 of the Constitution...

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Sue v Hill

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the United Kingdom and Australia, and that section 44(i) of the Constitution of Australia prevents any person who is the citizen of a "foreign power" from...

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Constitutional amendment

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modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing...

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Derryn Hinch

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concerns during the dual citizenship crisis that he may be disqualified from office under Section 44 of the Constitution of Australia. However, in September...

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Constitution of South Australia

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The principles of the current Constitution of South Australia, also known as the South Australian Constitution, which includes the rules and procedures...

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Constitution of the United States

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The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution...

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Casual vacancies in the Australian Parliament

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the resignation to the Speaker, as required by section 37 of the Australian Constitution, or in the absence of the Speaker to the Governor-General. Similarly...

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Australian nationality law

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of a foreign power and are ineligible to serve in the Parliament of Australia under section 44 of the Constitution of Australia. The eligibility of 10...

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Separation of powers in Australia

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in sections 44, 62 and 64 of the Constitution. Currently in Australia, there is no constitutional system where there is a complete separation of powers...

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