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Member of one House ineligible for other.

43. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House141.

CANADA.—A Senator shall not be capable of being elected or of sitting or voting as a member of the House of Commons.—B.N.A. Act, 1867, sec. 39.

HISTORICAL NOTE.—Clause 33, Chap. I., of the Commonwealth Bill of 1891 provides that “A Senator shall not be capable of being elected or of sitting as a member of the House of Representatives,” and the same clause was adopted at the Adelaide session, 1897. At the Sydney session, a suggestion of the Legislature of Tasmania, to omit the clause and substitute a provision applying to both Houses, was adopted. (Conv. Deb., Syd. [1897], pp. 459–60, 992–3, 1011.) At the Melbourne session, verbal amendments were made before the first report, and after the fourth report.

In Chap. V. of the Commonwealth Bill of 1891 there were two clauses (10 and 11) prohibiting a member of either House of the Federal Parliament from being chosen or sitting as a member of either House of a State Parliament, and providing that if a member of a State Parliament were elected to the Federal Parliament, his seat in the State Parliament should become vacant. (Conv. Deb., Syd. [1891], pp. 877–83.) In the Adelaide draft of 1897 these clauses were omitted, and in Committee, Sir Edward Braddon moved their insertion. It was thought, however, that it might be left to each State, if it thought fit, to disqualify members of the Federal Parliament from sitting in the State Parliament, and the clauses were negatived. (Conv. Deb., Adel., 1181–2.) At the Sydney session, a suggestion by the Legislature of Tasmania, that a member of a State Parliament should be incapable of sitting in either House of the Parliament of the Commonwealth, was negatived. (Conv. Deb., Syd. [1897], pp. 996–1011.)

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