Senate debates

Thursday, 1 December 2016

Motions

Judiciary

12:36 pm

Rod Culleton (WA, Pauline Hanson's One Nation Party) Share this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That—

(a) the Senate notes that:

  (i) on 25 November 2016, solicitors on behalf of the Commonwealth Attorney-General filed a Statement of Agreed Facts in the High Court sitting as the Court of Disputed Returns in the matter of Re Rodney Culleton,

  (ii) paragraph 1 of the Statement of Agreed Facts includes the following statement: the Magistrate in convicting Senator Culleton as an absent offender was precluded by section 25 of the Crimes (Sentencing Procedure) Act 1999 (NSW) from making an order for a sentence of imprisonment, and

  (iii) the facts set out above and agreed by solicitors acting on behalf of the Commonwealth Attorney-General were not before the Senate on Monday 7 November 2016 when it considered the motion moved by Senator Brandis to refer the matter to the High Court under section 378 of the Commonwealth Electoral Act 1908;

(b) the Senate calls on the Attorney-General (Senator Brandis) to attend the chamber and clarify this matter; and

(c) at the conclusion of the explanation any senator may move to take note of the explanation.

(Time expired)

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