|
34 Qualifications of members |
|
|
Current Constitution |
|
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must 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;
(ii) he must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.
< Previous section Next section > |
Proposed Constitution |
|
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must 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;
(ii) he must be an Australian citizen.
< Previous section Next section > |
All Changes Displayed |
|
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must 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;
(ii) he must be an Australian citizen. a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State. |
Drafting Notes |
|
34.1 This section should really be deleted in its entirety, as it is an arbitrary limitation on the people's right to choose whoever they want as a representative. (Is it really likely that they will start choosing minors or foreigners? If they do, it will only be because those people are exceptional in some way.) Nevertheless, consistently with the aim of making only such changes as are necessary to eliminate the potential for instability, the model does not delete the section.
34.2 The proposed model does however amend the words of sub-clause (ii), which currently require a candidate for election to be a “subject of the Queen”. This and the subsequent words are to be replaced with the requirement that the candidate must be an Australian citizen. This is what the electoral laws currently require: see Commonwealth Electoral Act 1918, s.163(1) & (2). |
Current Constitution |
|
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must 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;
(ii) he must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.
< Previous section Next section > |
Proposed Constitution |
|
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must 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;
(ii) he must be an Australian citizen.
< Previous section Next section > |
All Changes Displayed |
|
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must 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;
(ii) he must be an Australian citizen. a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State. |
Drafting Notes |
|
34.1 This section should really be deleted in its entirety, as it is an arbitrary limitation on the people's right to choose whoever they want as a representative. (Is it really likely that they will start choosing minors or foreigners? If they do, it will only be because those people are exceptional in some way.) Nevertheless, consistently with the aim of making only such changes as are necessary to eliminate the potential for instability, the model does not delete the section.
34.2 The proposed model does however amend the words of sub-clause (ii), which currently require a candidate for election to be a “subject of the Queen”. This and the subsequent words are to be replaced with the requirement that the candidate must be an Australian citizen. This is what the electoral laws currently require: see Commonwealth Electoral Act 1918, s.163(1) & (2). |
|
|
|
|
|
|
|