Common Informers (Parliamentary Disqualifications) Act 1975
Act No. 28 of 1975 as amended
This compilation was prepared on 8 July 2008
taking into account amendments up to Act No. 73 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Penalty for sitting when disqualified
4 Suits not to be brought under section 46 of the Constitution
5 Jurisdiction
Notes
An Act to make other Provision with respect to the Matter in respect of which Provision is made by section 46 of the Constitution
1 Short title [see Note 1]
This Act may be cited as the Common Informers (Parliamentary Disqualifications) Act 1975.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Penalty for sitting when disqualified
(1) Any person who, whether before or after the commencement of this Act, has sat as a senator or as a member of the House of Representatives while he or she was a person declared by the Constitution to be incapable of so sitting shall be liable to pay to any person who sues for it in the High Court a sum equal to the total of:
(a) $200 in respect of his or her having so sat on or before the day on which the originating process in the suit is served on him or her; and
(b) $200 for every day, subsequent to that day, on which he or she is proved in the suit to have so sat.
(2) A suit under this section shall not relate to any sitting of a person as a senator or as a member of the House of Representatives at a time earlier than 12 months before the day on which the suit is instituted.
(3) The High Court shall refuse to make an order in a suit under this Act that would, in the opinion of the Court, cause the person against whom it was made to be penalized more than once in respect of any period or day of sitting as a senator or as a member of the House of Representatives.
4 Suits not to be brought under section 46 of the Constitution
On and after the date of commencement of this Act, a person is not liable to pay any sum under section 46 of the Constitution and no suit shall be instituted, continued, heard or determined in pursuance of that section.
5 Jurisdiction
Original jurisdiction is conferred on the High Court in suits under this Act and no other court has jurisdiction in such a suit.
Notes to the Common Informers (Parliamentary Disqualifications) Act 1975
Note 1
The Common Informers (Parliamentary Disqualifications) Act 1975 as shown in this compilation comprises Act No. 28, 1975 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Common Informers (Parliamentary Disqualifications) Act 1975 | 28, 1975 | 23 Apr 1975 | 23 Apr 1975 | |
Statute Law Revision Act 2008 | 73, 2008 | 3 July 2008 | Schedule 4 (items 165–168): 4 July 2008 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3.................... | am. No. 73, 2008 |
Overview
The Common Informers (Parliamentary Disqualifications) Act 1975 was enacted to address the issue of individuals sitting in Parliament despite being disqualified under the Australian Constitution. The Act was introduced by the Australian Parliament, aiming to provide a structured legal framework for dealing with disqualifications and to ensure that those deemed ineligible to sit in Parliament cannot continue to do so. Under this Act, any person found to be sitting in Parliament while disqualified must face financial penalties, with the High Court being the sole jurisdiction to hear such cases. Additionally, the Act prohibits suits from being brought under section 46 of the Constitution post its enactment, thereby consolidating the legal recourse for dealing with parliamentary disqualifications within this specific legislation.
Scope and Application
The Common Informers (Parliamentary Disqualifications) Act 1975 applies to individuals who have sat as a senator or a member of the House of Representatives while disqualified by the Constitution. The Act imposes a financial penalty on those who sit in Parliament despite being disqualified, and it specifies that such penalties apply only to sittings within 12 months prior to the suit being instituted. The High Court is given original jurisdiction to hear cases under this Act, and no other court has jurisdiction in such matters. Importantly, the Act also provides that no liability can be incurred under section 46 of the Constitution, and no suits can be brought under that section after the commencement of this Act. The Act operates nationally within the Commonwealth of Australia, providing a clear legislative framework to ensure the integrity of parliamentary membership by preventing disqualified individuals from sitting in Parliament and avoiding penalties that could be imposed under older constitutional provisions.
The Act does not explicitly extend its application through subordinate instruments, but the jurisdictional reach is clearly defined within the Commonwealth, ensuring that any actions or proceedings related to disqualifications are handled by the High Court. There are no stated exclusions, exemptions, or thresholds within the Act itself, although the practical application of the penalties and the determination of disqualification would likely be subject to judicial interpretation.
Key Provisions
The Common Informers (Parliamentary Disqualifications) Act 1975 (hereafter referred to as the Act) addresses the disqualification of individuals from sitting in the Australian Parliament. Section 3(1) specifies that any individual who sits as a senator or a member of the House of Representatives while being disqualified by the Constitution is liable to a financial penalty. The penalty is set at $200 for the initial sitting and an additional $200 for each subsequent day of sitting. A suit under this provision can only be brought within twelve months of the day the originating process in the suit is served on the individual (Section 3(2)). Furthermore, Section 3(3) stipulates that the High Court should avoid making orders that would penalize the same individual more than once for the same period or day of sitting.
The Act imposes obligations on disqualified individuals who sit in Parliament, requiring them to pay financial penalties as outlined in Section 3. This financial liability is intended to deter individuals from sitting in Parliament while being constitutionally disqualified. Moreover, Section 4 ensures that no individual is liable to pay any sum under section 46 of the Constitution, which was previously the case, and no suits can be brought under this section after the Act's commencement.
Section 5 of the Act provides the jurisdictional framework, conferring original jurisdiction on the High Court for suits under the Act, explicitly stating that no other court has jurisdiction in such cases. This ensures that all legal actions concerning the Act are handled by the High Court, maintaining a consistent and authoritative legal process.
In terms of consequences for breach, Section 3 outlines the primary penalty: a financial penalty of $200 for the initial sitting and an additional $200 for each subsequent day of sitting while disqualified. This financial penalty serves as a deterrent and a means of enforcing the disqualifications outlined in the Constitution. Additionally, by precluding suits under section 46 of the Constitution (Section 4), the Act aims to eliminate any previous legal avenues for enforcing parliamentary disqualifications, thereby streamlining the enforcement mechanism.