Chapter XXIV: Part IV: Both Houses of the Parliament
41. No adult person who has or acquires a right to vote at
elections for the more numerous House of the Parliament of a
State shall, while the right continues, be prevented by any
law of the Commonwealth from voting at elections for either
House of the Parliament of the Commonwealth.
42. Every senator and every member of the House of
Representatives shall before taking his seat make and
subscribe before the Governor-General, or some person
authorised by him, an oath or affirmation of allegiance in the
form set forth in the schedule to this Constitution.
43. A member of either House of the Parliament shall be
incapable of being chosen or of sitting as a member of the
other House.
44. Any person who—
(i.) Is under any acknowledgment of allegiance, obedience, or
adherence to a foreign power, or is a subject or a citizen or
entitled to the rights or privileges of a subject or a citizen
of a foreign power: or
(ii.) Is attainted of treason, or has been convicted and is
under sentence, or subject to be sentenced, for any offence
punishable under the law of the Commonwealth or of a State by
imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any
pension payable during the pleasure of the Crown out of any of
the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any
agreement with the Public Service of the Commonwealth
otherwise than as a member and in common with the other
members of an incorporated company consisting of more than
twenty-five persons: shall be incapable of being chosen or of
sitting as a senator or a member of the House of
Representatives. But sub-section iv. does not apply 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.
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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.
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.
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.
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.
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 such as are declared by the
Parliament, and until declared shall be those of the Commons
House of Parliament of the United Kingdom, and of its members
and committees, at the establishment of the Commonwealth.
50. Each House of the Parliament may make rules and orders
with respect to—
(i.) The mode in which its powers, privileges, and immunities
may be exercised and upheld:
(ii.) The order and conduct of its business and proceedings
either separately or jointly with the other House.
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History for ready reference, Volume 6Chapter XXIV: Part IV: Both Houses of the Parliament
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