Opinion Number. 262

Subject

MEMBER OF PARLIAMENT WHETHER RESIDENTIAL QUALIFICATION MAY BE FULFILLED AT ANY TIME BEFORE ELECTION

Key Legislation

CONSTITUTION, s. 34

Date
Client
The Minister for Home Affairs

The following question has been submitted to me by the Minister for Home Affairs, for advice:

A candidate born in the Commonwealth where he resided for fifteen years, goes to a foreign country (or anywhere outside of the Commonwealth), and returns after a lapse of fifteen years, and has only been resident one year. Is he qualified to nominate, or must he be resident for three years after he returns?

Under section 34 of the Constitution a person to be qualified must (inter alia) have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen.

If the candidate has at any time been so resident, subsequent absence from the Commonwealth for any length of time does not affect his qualification.

[Vol. 5, p. 369]