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austalian law and constitution
to the
office of any of the Queen's Ministers of State for the Commonwealth, or of
any of the Queen's Ministers for a State, or to the receipt of pay, half pay,
or a pension, by any person as an officer or member of the Queen's navy or
army, or to the receipt of pay as an officer or member of the naval or
military forces of the Commonwealth by any person whose services are not
wholly employed by the Commonwealth.
Vacancy on happening of disqualification.
45. If a senator or member 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 services rendered in the
Parliament to any person or State: his place
shall thereupon become vacant.
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 it
in any court of competent jurisdiction.
Disputed elections.
47. Until the Parliament otherwise provides, any question respecting the
qualification of a senator or of a member of the House of Representatives,
or respecting a vacancy in either House of the Parliament, and any question
of a disputed election to either House, shall be determined by the House in
which the question arises.
Allowance to members.
48. Until the Parliament otherwise provides, each senator and each member
of the House of Representatives shall receive an allowance of four hundred
pounds a year, to be reckoned from the day on which he takes his seat.
Privileges, &c. of Houses.
49. The powers, privileges, and immunities of the Senate and of the House
of Representatives, and of the members and the committees of each House,
shall be [next page]