Just in Time? Malcolm Roberts’ 1974 Application for Citizenship by Notification

The documents behind theĀ Buzzfeed story on how Senator Malcolm Roberts, indicating he was a British subject in his 1974 application for Australian citizenship, suggests a “just in time” application regarding his citizenship status. Roberts, and his father, were among the last to be recognised by a streamlined process intended to provide long standing British subjects with fast, simple recognition of citizenship. Continue reading “Just in Time? Malcolm Roberts’ 1974 Application for Citizenship by Notification”

Section 44: Questions about the timing of a disqualification.

The possibility that the election of Queensland Senator Malcolm Roberts might be voided because he was disqualified by standing while still a British citizen, without having taken sufficient steps by nomination day to renounce that citizenship, has given rise to further questions as to what would occur if a likely successor were also disqualified.

This is complicated by the possibility of the disqualifying circumstances occurring after the 2016 election, but before (or while) the High Court considered how a person might fill a Senate seat vacated by any disqualification of Roberts.

The third placed candidate on the Pauline Hanson’s One Nation (PHON) ticket, Fraser Anning, is reportedly facing bankruptcy proceedings. If he were bankrupt or insolvent, the Constitution would seem to indicate he would be incapable of being chosen or sitting as a Senator. If it were ruled that he too was incapable of being chosen by reason of disqualification, then the likely outcome would be that the fourth member of the PHON ticket, Judy Smith (Pauline Hanson’s sister), would be declared the second PHON Senator for Queensland. Continue reading “Section 44: Questions about the timing of a disqualification.”