6th Dec 2017, 5:27 PM – Representatives Parliamentary Representation - Qualifications of Members - Whether places vacant

An equal number of MPs voted for and against the motion introduced by Watson MP Tony Burke (Labor), so the Speaker and MP for Casey Tony Smith (Liberal) gave his casting vote to the noes, meaning the motion failed.

Motion text

That pursuant to section 376 of the Commonwealth Electoral Act 1918, the House of Representatives refer the following questions to the Court of Disputed Returns:

(1)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Batman (Mr Feeney) has become vacant;

(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, the Court should 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;

(2)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Braddon (Ms Keay) has become vacant;

(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, the Court should 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;

(3)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Fremantle (Mr Wilson) has become vacant;

(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, the Court should 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;

(4)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Longman (Ms Lamb) has become vacant;

(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, the Court should 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;

(5)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Mayo (Ms Sharkie) has become vacant;

(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, the Court should 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;

(6)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Chisholm (Ms Banks) has become vacant;

(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, the Court should 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;

(7)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Mitchell (Mr Hawke) has become vacant;

(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, the Court should 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;

(8)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Forrest (Ms Marino) has become vacant;

(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, the Court should 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; and

(9)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Mackellar (Mr Falinski) has become vacant;

(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, the Court should 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.