Richard Di Natale (Victoria, Australian Greens) Share this | Link to 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.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Leave is granted for one minute.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

The government's position has not changed on this issue. We oppose the motion. The calling into question of a senator's eligibility to sit in this place is a very serious step, and that step should be taken only in cases where there's a clear case to answer. The motion seeks to turn this long-accepted principle on its head, effectively calling into question every senator's position until he or she is able to provide proof. That would constitute a wrongheaded reversal of the onus of proof, especially given the undoubted public interest in certainty as to the composition of parliament. Further, another referral would only add to the existing workloads of Senate committees and the committee secretariats in particular.

Question negatived.