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Assignment on Australian Law

   

Added on  2020-03-16

6 Pages900 Words163 Views
Running Head: Law 1Law

Law2Introduction:Section 44 of Australian Constitution states, disqualification regarding appointment of candidate as senator. It must be noted that government choose senators from the people of each state and territory, and these senators are choose through voting at periodic elections. Senator represents the state for the period of six years and term of territory senators will coincide with the terms of the House of Representatives1.In this essay we discuss the disqualifications stated by section 44 of the Australian constitution. Subsequently paper is concluded with brief conclusion. Section 44 of Australian constitution:Those provisions which govern the qualifications regarding candidates who want to appear in elections and of senators, are stated under Australian Constitution and the Commonwealth Electoral Act 1918 (CEA). The main aim of these provisions is to make sure that people who stand for elections, and are members of the national Parliament must fulfill their duties with due care and free from undue external interference. It is necessary that candidate who wants to appear in election for position of senate must be At least completed the age of 18 years.Must be a citizen of Australia.An elector who wants to vote must be qualified to become an elector.1 Matthew Doran, Entitled' to dual citizenship? The grey area in Section 44 of the constitution, < http://www.abc.net.au/news/2017-07-28/citizenship-grey-area-in-constitution-tripping-up-mps-senators/8754586>, Accessed on 6th October 2017.

Law3During the period of 1901, these requirements were completely different but Constitution of Australia imposed power under Parliament to change these requirements, and on many occasionsparliament make changes in it. If any person is the member of the House of Representatives or a state or territory legislature must give his resignation before standing for the Senate, and this is stated under section 43 of the Constitution and section 164 of the CEA. It is not possible for person to make multiple nominations, stated under section 165 of the CEA2. Section 44 imposed some limitations on eligibility of candidate, and these limitations are stated below. This section states that person cannot be appointed as senate if:Such person is the citizen of a foreign power; orSuch person is attainted of treason; orSuch person has been convicted and sentenced for any offence under Commonwealth or state law which is punishable by a imprisonment of 12 months or more; orSuch person is an un discharged bankrupt; orSuch person holds an office of profit under the Crown; orSuch person has a pecuniary interest in any agreement with the Commonwealth Public service3. Furthermore, it must be noted that if any person convicted for offence like bribery or undue influence then such person is disqualified from being chosen as a senator for the period of 2 years after the conviction. 2 Parliament of Australia, Section 44 of the Constitution, < http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Publications_Archive/archive/Section44>, Accesssed on 6th October 2017. 3 Commonwealth Of Australia Constitution ACT - SECT 44.

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