Senate debates

Tuesday, 14 November 2017

Parliamentary Representation

Valedictory; Qualifications of Senators

12:46 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Mr President, I seek leave to move a motion relating to Senator Lambie.

Leave granted.

I thank the Senate. Before I come to the formal terms of the motion, might I say a few words about Senator Lambie, who has not yet resigned from the Senate, obviously, but whose resignation is imminent.

It will be obvious to you, Senator Lambie, from these spontaneous expressions of affection, and, may I say, love that have come from all sides of this chamber, the effect that you have had upon all of the colleagues who have served with you since you have been elected as a senator for Tasmania. The Senate brings together people from all parts of Australia, from all walks of life, from all political philosophies, from all backgrounds, and it is the richer for it. The Senate has been the richer for your membership of it in these past times, since the 2016 election. We have all benefitted from your company, your wisdom, your life experience and, in particular, your passion.

Passion is a word that is used too freely, too loosely, in politics. But, Senator Lambie, you have prosecuted your beliefs and the causes that you care about with real passion and, as a result, you have been very effective. I, in particular, representing as I do the portfolios I represent in this chamber, will always be conscious of what you have done in the area of national security and, in particular, the area of veterans' affairs and the rights and interests of those who, like you, have served Australia in uniform.

You have become one of the best-known and one of the best-liked people in this country since you joined the Senate, and the Senate is a better place, a much richer place, for you having served among us. On behalf of government senators, and I'm sure all senators, and on my own personal behalf, I want to thank you for your service and wish you the very best for the future.

In view of what Senator Lambie has announced to the chamber, it is of course appropriate and, indeed, necessary for the matter to be regularised for orders to be made by the Court of Disputed Returns in relation to the position that Senator Lambie is about to vacate. The motion I will move is in the same terms as the referral motions for other former members of this place who have fallen foul of section 44(i) of the Constitution. I move:

That pursuant to section 376 of the Commonwealth Electoral Act 1918, the Senate refers to the Court of Disputed Returns the following questions—

(a) whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of Tasmania in the Senate for the place for which Jacqui Lambie 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.

I should indicate as well that it will be my intention to instruct the Solicitor-General in relation to this reference, given that a reference was made in relation to the Hon. Stephen Parry, also from Tasmania, only yesterday, that it would be convenient and efficient for both matters to be dealt with at the same time and to be dealt with as expeditiously as possible so that the representation of the state of Tasmania in this chamber can be restored to its full complement. I thank the Senate.

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