With reference to your minute dated 5th October, 1943, I desire to inform you that section 44 of the Constitution provides that any person who, amongst other things, holds any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth shall be incapable of being chosen or of sitting as a member of the House of Representatives.

Section 47 provides that, until the Parliament otherwise provides, any question respecting the qualification of a member of the House of Representatives, or respecting a vacancy in either House, and any question of a disputed election to either House, shall be determined by the House in which the question arises. Other provision has been made by the Parliament in Part XVIII of the Commonwealth Electoral Act. In those circumstances, it is not my practice to offer advice on such matters.

I may point out, however, that the annuity provided by the Special Annuities Act 1939 for Dame Enid Lyons is payable during her life or until her remarriage and is not expressed to be payable during the pleasure of the Crown. It is therefore difficult to see how Dame Enid Lyons can be regarded as disqualified by reason of the receipt of the annuity.

[Vol. 35, p. 332]