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senate vote 2017-08-16#3
Edited by
mackay staff
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2017-09-03 13:17:32
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Title
Documents — Solicitor-General's Advice; Order for the Production of Documents- Documents - Solicitor-General's Advice - Produce the documents
Description
<p class="speaker">Richard Di Natale</p><p>I seek leave to amend general business notice of motion No. 428 standing in my name for today concerning an order for the production of documents relating to advice from the Solicitor-General before asking that it be taken as formal.</p><p>Leave is granted.</p>- The majority voted in favour of a motion introduced by Senator [Richard Di Natale](https://theyvoteforyou.org.au/people/senate/victoria/richard_di_natale) that called for documents to be produced. The documents contain the [Solicitor-General's](https://en.wikipedia.org/wiki/Solicitor-General_of_Australia) advice regarding the eligibility of the Member for New England, Deputy Prime Minister [Barnaby Joyce](https://theyvoteforyou.org.au/people/representatives/new_england/barnaby_joyce), to stand for Parliament.
- ### Why might Barnaby Joyce be ineligible for Parliament?
- The Constitution requires that all our representatives in Parliament carry only Australian citizenship. Since Mr Joyce may be a New Zealand citizen by birth, he may not have been eligible to stand for Parliament. What this means is still to be determined by the High Court, though the Solicitor-General has given advice on the matter and it is that advice that Senator Di Natale requested be presented to Parliament.
- ### Motion text
- > *That—*
- > *(a) the Senate notes:*
- >> *(i) the admission of the Member for New England, Mr Barnaby Joyce MP, that he may hold New Zealand citizenship,*
- >> *(ii) that the New Zealand Government has confirmed that Mr Joyce is a citizen of New Zealand, and*
- >> *(iii) that the case has been referred to the Court of Disputed Returns; and*
- > *(b) there be laid on the table, by the Attorney General, by no later than 12 noon on 17 August 2017, the Solicitor-General's advice regarding the eligibility of the Member for New England to continue to sit as a member of the House of Representatives or serve as a minister in the Cabinet.*
<p>I move the motion as amended:</p><p class="italic">That—</p><p class="italic">(a) the Senate notes:</p><p class="italic">  (i) the admission of the Member for New England, Mr Barnaby Joyce MP, that he may hold New Zealand citizenship,</p><p class="italic">  (ii) that the New Zealand Government has confirmed that Mr Joyce is a citizen of New Zealand, and</p><p class="italic">  (iii) that the case has been referred to the Court of Disputed Returns; and</p><p class="italic">(b) there be laid on the table, by the Attorney General, by no later than 12 noon on 17 August 2017, the Solicitor-General's advice regarding the eligibility of the Member for New England to continue to sit as a member of the House of Representatives or serve as a minister in the Cabinet.</p> <p class="speaker">James McGrath</p><p>I seek leave to make a short statement.</p> <p class="speaker">Stephen Parry</p><p>Leave is granted for one minute.</p> <p class="speaker">James McGrath</p><p>The government opposes the motion. It has been the longstanding practice of both coalition and Labor governments not to release legal advice to government. There is no reason whatsoever to depart from that practice in this instance.</p> <p class="speaker">Stephen Parry</p><p>The question is that the motion—Senator Gallagher, are you seeking leave?</p> <p class="speaker">Katy Gallagher</p><p>Sorry, I'm just not clear on what the amendment is—just the time, is it?</p> <p class="speaker">Stephen Parry</p><p>And that has been circulated in the chamber, I understand. The question is that the motion moved by Senator Di Natale for the order of production of documents be agreed to.</p>
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