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Penalty for sitting when disqualified.

46. Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it154 in any court of competent jurisdiction.

HISTORICAL NOTE.—In the Commonwealth Bill of 1891 the clause was substantially the same, except that the words “Until the Parliament otherwise provides” were absent. At the Adelaide session, 1897, the clause was introduced in nearly the same words. In Committee, on Mr. Barton's motion, the words “or disqualified or prohibited from holding any office” were inserted after “House of Representatives;” and the words “or accepts or holds such office” were inserted before “be liable.” (Conv. Deb., Adel., pp. 1198–9.) At the Sydney session, Dr. Quick called attention to the provision for a penalty, which had been decided to be unnecessary in respect of the prohibition against plural voting; and Mr. Barton agreed to bring before the Drafting Committee the question of its omission. (Conv. Deb., Syd., 1897, p. 1034.) Subsequently as a drafting amendment, the words previously inserted as to accepting or holding office were omitted, and the words “until the Parliament otherwise provides” were inserted. At the Melbourne session, verbal amendments were made before the first report and after the fourth report.

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