Nick Xenophon (SA, Nick Xenophon Team) Share this | Hansard source

by leave—I move:

That the following matters be referred to the Court of Disputed Returns under section 376 of the Commonwealth Electoral Act 1918:

(a) whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of South Australia in the Senate for the place for which Senator Xenophon was returned;

(b) if the answer to question (a) is 'yes', by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings.

My parents were born overseas, my father in Cyprus and my mother in Greece. I was born in Australia. I have always considered that I am only an Australian and only an Australian citizen and that my allegiance is only to Australia. Out of an abundance of caution prior to the 2007 election, I renounced any potential rights to citizenship of Greece and Cyprus, and I have confirmation that I am not, nor ever have been, a Greek or Cypriot citizen. However, it came to my attention last month that I may have some form of British citizenship. I approached the British Home Office, and they advised me that in their view I was a British overseas citizen.

Subsequent to that date I have made further inquiries, and, if I ever were a British citizen, I have out of an abundance of caution renounced it—and this renunciation has been confirmed. This matter must now be determined by the High Court of Australia sitting as the Court of Disputed Returns.