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4 unusual facts about Section 44 of the Constitution of Australia


Section 44 of the Constitution of Australia

At the 2007 federal election, it was claimed by the Liberal Party that George Newhouse, the high-profile Australian Labor Party candidate for the seat of Wentworth, was ineligible to stand for parliament under sub-section v of Section 44.

In this judgement, the High Court voided the election of Phil Cleary in a 1992 by-election, contending that he had been acting in an office for profit under the crown.

Chief Justice Murray Gleeson ruled that the United Kingdom qualified as a "foreign power" under section 44(i), and as a British citizen Hill was therefore unable to take up her Senate seat.

Henry Sue, a voter from Queensland, appealed to the High Court of Australia, sitting in its capacity as the Court of Disputed Returns.


Phil Cleary

However, his election was successfully challenged in the High Court and declared void on 25 November, as Cleary was on unpaid leave from the Victorian Education Department, and the Constitution of Australia forbids people employed by the Crown from standing for election.


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