Opinion Number. 245

Subject

MEMBER OF PARLIAMENT WHETHER QUALIFICATION FOR ELECTION AS SENATOR OR MEMBER OF HOUSE OF REPRESENTATIVES EXTENDS TO STATE OR DIVISION OTHER THAN THAT IN WHICH PERSON RESIDES

Key Legislation

CONSTITUTION, ss. 16,34,43,44

Date
Client
The Secretary, Department of Home Affairs

The Secretary, Department of Home Affairs asks to be advised whether a person otherwise qualified, within the meaning of sections 16, 34, 43 and 44 of the Commonwealth Constitution Act, to be elected as a senator or a member of the House

of Representatives, is capable of being chosen or of sitting in either capacity on behalf of a State, or Division thereof, of the Commonwealth other than that in which he resides and for which he is enrolled.

Yes. A person qualified to be elected as a member of the Senate or of the House of Representatives is so qualified for every State and for every Division. See Constitution, sections 16, 34; Quick & Garran, p. 477.

[Vol. 5, p. 257]