Richard Di Natale (Victoria, Australian Greens) Share this | Hansard source

I, and also on behalf of senators Xenophon, Hinch, Lambie and Hanson, move:

(1) That the Senate notes that the Prime Minister has written to the Opposition Leader to express concerns that there may be more senators, and members of the House of Representatives, who are ineligible under Section 44 of the Constitution.

(2) That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 14 September 2017:

(a) the eligibility of senators in the 45th Parliament under Section 44 of the Constitution in so far as it relates to being 'a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power';

(b) the legal liability of senators who know, or have grounds to suspect, that they are ineligible for office but do not come forward with that information, and whether they are defrauding the Commonwealth; and

(c) any other related matters.

(3) For the purposes of carrying out the inquiry, the committee must, as soon as practicable, with the approval of the President, appoint an independent auditor, or auditors, with expertise in migration, citizenship and constitutional law to assist the committee.

(4) The independent auditor or auditors will be able to request the committee to use its powers to order the production of documents from senators and order them to appear as witnesses and answer questions.

(5) On behalf of the committee, the independent auditor or auditors may present to representatives of foreign governments in Australia and seek information.