Both Houses of the Parliament

Both Houses of the Parliament

Both Houses of the Parliament

Both Houses of the Parliament

- Constitution of Australia

Both Houses of the Parliament


Part IV - Both Houses of the Parliament

Right of electors of States

41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.

Oath or affirmation of allegiance

42. Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor-General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.

Member of one House ineligible for other

43. A member of either House of Parliament shall be incapable of being chosen or of sitting as a member of the other House.

Disqualification

44. Any person who-
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights & priveleges of a subject or citizen of a foreign power: or
(ii.) Is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons: shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.

Vacancy on happening of disqualifications

45. If a senator or member of the House of Representatives-
(i.) Becomes subject to any of the disabilities mentioned in the last preceding section: or
(ii.) Takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors: or
(iii.) Directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State: his place shall thereupon become vacant.

Penalty for sitting when disqualified

46. Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction.

Disputed elections

47. Until the Parliament otherwise provides, any question respecting the qualification of a senator or member of the House or Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises.

Allowance to members

48. Until the Parliament otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat.

Privileges etc. of Houses

49. The powers, priveleges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth.

Rules and orders

50. Each House of the Parliament may make rules and orders with respect to-
(i.) The mode in which its powers, priveleges, and immunities may be exercised and upheld:
(ii.) The order and conduct of its business and proceedings either separately or jointly with the other House.

Constitution of Australia

Bill Of Rights
Commonwealth of Australia Constitution Act

Chapter I - The Parliament

Part I - General
Part II - The Senate
Part III - The House of Representatives
Part IV - Both Houses of the Parliament
Part V - Powers of the Parliament

Chapter II - The Executive Government

The Executive Government

Chapter III - The Judicature

The Judicature

Chapter IV - Finance And Trade

Finance And Trade

Chapter V - The States

The States

Chapter VI - New States

New States

Chapter VII - Miscellaneous

Miscellaneous

Chapter VIII - Alteration Of The Constitution

Alteration Of The Constitution

Schedule

Schedule
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