Constitution (Doubts Removal) Act 1999 (TAS)

In the Supreme Court of Tasmania, the matter of John Charles White and the Constitution (Doubts Removal) Act 1999 (TAS) was brought before the court. The dispute centred on whether Mr White's acceptance of the position of Chair of the State Committee of the Centenary of Federation constituted an office of profit, thereby rendering his seat in the Legislative Council vacant. The court was tasked with determining the validity of Mr White's continued membership in the Legislative Council in light of his new role.

The primary legal issue before the court was whether Mr White's appointment to the position of Chair of the State Committee of the Centenary of Federation constituted an office of profit under section 32 of the Constitution Act 1934, and if so, whether this appointment caused his seat in the Legislative Council to become vacant or rendered him incapable of sitting or voting. Additionally, the court had to consider if any contract or agreement for the purposes of section 33 of the Constitution Act 1934 had arisen in connection with Mr White's new appointment.

The court found that Mr White's acceptance of the position did not constitute an office of profit and thus did not render his seat in the Legislative Council vacant or prevent him from sitting or voting. The court emphasised that the Constitution (Doubts Removal) Act 1999 (TAS) explicitly provided that Mr White's acceptance of the office did not have the effect of making his seat vacant or rendering him incapable of performing his duties. The court concluded that the Act effectively removed any doubts regarding Mr White's eligibility to continue serving in the Legislative Council.

The court's decision affirmed Mr White's continued eligibility to serve in the Legislative Council. It further ordered that no contract or agreement for the purposes of section 33 of the Constitution Act 1934 was to be considered as having arisen in connection with Mr White's new role.