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

My question is to the Prime Minister. Section 64 of the Constitution states:

… no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

The Deputy Prime Minister, Senator Nash and Senator Canavan were all appointed on 19 July 2016, and the three-month period had well and truly expired by the time the government was aware of doubts over their qualifications. Has the government sought or received any advice that ministerial actions of the Deputy Prime Minister, Senator Nash and Senator Canavan might be at risk of challenge? (Time expired)

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I thank the honourable member for his question. All of the ministers will continue to administer the departments to which they are sworn. I've explained the government's position in terms of the High Court litigation, the basis of the advice on which we are very confident that the Deputy Prime Minister and, indeed, Senator Nash and, indeed, Senator Canavan will be found not to be disqualified from sitting in this House or, indeed, in the Senate.