Page 513 - Week 02 - Thursday, 22 February 1990

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Question put:

That so much of the standing and temporary orders be suspended as would prevent Mr Stevenson making a statement to the Assembly for a maximum duration of 10 minutes.

The Assembly voted -

AYES, 11  NOES, 6

Mr Collaery Mr Berry
Mr Duby Ms Follett
Mr Humphries Mrs Grassby
Mr Jensen Mr Moore
Mr Kaine Mr Whalan
Dr Kinloch Mr Wood
Ms Maher
Mrs Nolan
Mr Prowse
Mr Stefaniak
Mr Stevenson

Question so resolved in the affirmative.

QUALIFICATIONS OF CANDIDATES - FEDERAL ELECTION

MR STEVENSON (4.50): Mr Speaker, it is my belief that if action is not taken very quickly, there will be a number of candidates elected to the Senate and the House of Representatives at the coming election who are disqualified from taking up or holding their seat under section 44(i) of the Australian Constitution, which states:

Any person who is under any acknowledgment of allegiance, obedience or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power ... shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

On 16 February 1988, Senator Ray, the Minister for Immigration, is recorded in Hansard on page 48, as saying:

I ask honourable senators not to hold me to these figures but there are approximately 10 members of the Australian Labor Party who would come into that category of British subject and I believe there are three members on the Liberal side.

Mr Graeme Campbell, MP, Member for Kalgoorlie, stated in a letter to barrister, George Turner, on 30 November 1988:

In the final analysis this matter will be determined politically and not legally.

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