Opinion Number. 1451


elections: disqualification as candidate: whether nomination for election as member of State Parliament would prevent or invalidate election of person nominated as member of House of Representatives

Key Legislation

Constitution ss 34, 43, 44, 46: Commonwealth Electoral Act 1918 ss 7, 69

The Chief Electoral Officer

The Chief Electoral Officer has forwarded the following telegram for advice:

Speaker Legislative Assembly desires advise whether in event writ being issued for State Assembly by election and nomination day therefor fixed prior to twelfth October a candidate at forthcoming House of Representatives election could so far as Commonwealth law is concerned nominate for such State vacancy without affecting his Commonwealth candidature or right to representatives seat if elected. Glad of favor your advice.

The law relating to the disqualification of candidates for election as members of the House of Representatives is contained in sections 34, 43, 44 and 46 of the Constitution and sections 69 and 70 of the Commonwealth Electoral Act 1918–1928.

In my opinion, the fact of nomination for election as a member of State Parliament would not prevent or invalidate the election of the person nominated as a member of the House of Representatives.

I am of opinion, therefore, that the question submitted should be answered in the affirmative.

[Vol. 24, p. 300]

(1) Martin Charles Boniwell. Born 25 February 1883, Surrey, England; died 6 January 1967, Caulfield, Victoria. Officer, Tasmanian Public Service 1899–191. Appointed Commonwealth Attorney-General’s Department 1912. Secretary to Representatives of the Government in the Senate 1915–1917. Admitted barrister and solicitor Supreme Court of Tasmania 1924. Adviser to Australian delegation at League of Nations 1926. Appointed Assistant Secretary and Assistant Parliamentary Draftsman 1932. Appointed CBE 1936. Acting Solicitor-General 1937. Public Service Arbitrator 1939–1946. Acting Parliamentary Draftsman 1946–1948. Parliamentary Draftsman 1948–1949.