Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Hansard source

I want to raise two matters with you, Mr Speaker: one with respect to Practice and one with respect to a resolution carried by the House earlier today. Page 47 of Practice makes clear that:

Section 64 further provides that after the first general election no Minister of State can hold office for a longer period than three months unless he or she is or becomes a Senator or a Member of the House of Representatives.

Earlier today, the House unanimously resolved to refer to the High Court:

(a) whether, by reason of section 44(i) of the Constitution, the place of the Member for New England (Mr Joyce) has become vacant.

In a circumstance where the House has unanimously resolved that we do not know whether or not he has the qualifications required to hold office as a minister in this government, he should not be here on the floor answering questions.

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