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§ 152. “Officer or Member of the Queen's Navy or Army.”

Under this exception to the rule for the exclusion of place-holders, a person in the receipt of pay, half-pay, or a pension, as an officer or member of the Imperial Navy, or of the Imperial Army, is qualified to be a member of the Federal Parliament. In England, the statute 6 Anne c. 41, s. 27, contains an exception in favour of officers in the army and navy accepting a new commission.

Vacancy on happening of disqualification.

45. If a senator or member153 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 servicesrendered in the Parliament to any person or State:

his place shall thereupon become vacant.

HISTORICAL NOTE.—For reference to the corresponding provisions of the Commonwealth Bill of 1891, and the Adelaide draft of 1897, see Historical Note, sec. 44.

The provision as to fees or honorariums was first suggested by Mr. Carruthers at the Adelaide session, 1897, and ultimately agreed to. (Conv. Deb., Adel., pp. 737–8, 1034–44.) At the Sydney session, a suggestion of the Legislative Council of New South Wales, to omit the paragraph, was negatived. (Conv. Deb., Syd. [1897], p 1028.) At the Melbourne session, after the second report, Mr. Reid moved to insert “or for work done or services rendered in Parliament for or on behalf of any person or corporation.” This was agreed to. (Conv. Deb., Melb., pp. 1944–7.) After the fourth report, verbal amendments were made. (See Conv. Deb., Melb., pp. 2448–9.)

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