Inthe Act was amended to exempt from disqualification Members already holding a ministerial position and to further disqualify sheriffs, registrars of deeds, clerks of the peace, and county Crown attorneys.
Under the omnibus order, MPs or MLAs could henceforth be disqualified even if they are slapped with minor fines and jail terms in offences such as insulting the national flag or defiling a place of worship.
Mr Day was incapable of being chosen as a Senator in the 45th Parliament, and there was therefore a vacancy in the Senate for the place for which he had been returned.
In its reasons for judgement the Court noted that s. The Court summarised the proper construction of s. On the question of whether Mr Baume had received benefits under the Bankruptcy Act as a result of deeds executed by other members of the firm, the opinions were to the effect that while benefits had been conferred, these were not the benefits to which section 45 ii refers, and that the provision applies where a debtor takes benefits as a party to a transaction, as distinct from receiving benefits as a non-participant.
This implies that a legislator defying abstaining or voting against the party whip on any issue can lose his membership of the House.
Political parties issue a direction to MPs on how to vote on most issues, irrespective of the nature of the issue.
In its reasons for judgment the Court found unanimously that, as a permanent officer in the teaching service, Mr Cleary had held an office of profit under the Crown, that it was irrelevant that he was on leave without pay, and that the section applied to State as well as Commonwealth officers.
During periods when groups of citizens were disenfranchised, they were also disqualified from seeking election. Thomas' case was argued by constitutional lawyer Fali S Nariman.