Senate debates

Monday, 14 August 2017

Questions without Notice

Deputy Prime Minister

2:25 pm

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party) Share this | | Hansard source

My question is to the minister representing the Prime Minister, Senator Brandis. I refer to the Deputy Prime Minister's statement to the House of Representatives regarding the referral of his eligibility for election under section 44 of the Constitution to the High Court. When and how did the government first become aware that the Deputy Prime Minister may be ineligible for election under section 44 of the Constitution?

2:26 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator McAllister, for the reasons I explained in answer to your colleague Senator Cameron's question, I'm not going to go into any factual matters in relation to the case, other than to say that on the basis of Solicitor-General advice, the government is confident of the Deputy Prime Minister's position. That being said, I first became aware of the matter late on Thursday afternoon, and I think that was shortly after the government became aware.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator McAllister, a supplementary question.

2:27 pm

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party) Share this | | Hansard source

When did the Prime Minister first become aware of concerns about the Deputy Prime Minister's eligibility for election?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

My understanding is, shortly before I did.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator McAllister, a final supplementary question.

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party) Share this | | Hansard source

When was advice first sought in relation to the Deputy Prime Minister's potential ineligibility for election under section 44 of the Constitution? Who sought this advice and from whom was it sought?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Advice was first sought on Friday—the next day—and the advice was sought by me.