Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

Paragraph 2(m) provides that members must declare any interests of any kind where a conflict with their public duties could foreseeably arise or be seen to be arising. That is certainly the case here. The liquidators report that DV Kelly Pty Ltd may have been trading while insolvent, a grave allegation which could carry significant consequences, importantly for the ability of the member to continue his parliamentary career.

Under the Corporations Act 2001, directors, including shadow directors, of companies trading while insolvent can face civil penalties of up to $200,000 and may be held personally liable for debts incurred. Recall that at the time of the collapse DV Kelly Pty Ltd owed $4 million to creditors. As you would be aware, under section 44(iii) of the Australian Constitution, any person who is an undischarged bankrupt is disqualified as a member of the House of Representatives.

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