Spartacus will leave all the debates about Member and Senator eligibility under Section 44 of the Australian Constitution to others, but will note that Section 44(i) says that any person who:
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;
…. shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
Notwithstanding, Section 42 of the Australian Constitution says:
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.
The present monarch is Elizabeth II, styled Queen of Australia, who has reigned since 6 February 1952. She is represented in Australia by the Governor-General, in accordance with the Australian Constitution and letters patent from the Queen. In each of the states, the monarch is represented by a governor, appointed directly by the Queen on the advice of each of her respective state governments.
Note also that Schedule on page 1 of Royal Style and Titles Act 1973 states the new form in full as:
‘Elizabeth the Second, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth‘.
Thus, it seems, that to take their seat in Parliament, our Members and Senators either swear allegiance to a foreign sovereign (Queen of the United Kingdom of Great Britain and Ireland) or they don’t take their oath/affirmation as prescribed by the Constitution. Either way, should they be there?
Is this the time and mechanism to drain the swamp?
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