Page:Re Canavan.pdf/49

Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

Lozzo di Cadore "should not per se be considered a recognition of Italian citizenship": under the circolare only the interested party, who must be of age, can apply for citizenship.

85 In the concluding section of the joint report, the authors consider whether the issue of a certificate of citizenship is merely declaratory. They conclude that the more reasonable interpretation of Italian law, in line with the adoption of the "subjective conception of citizenship" under the Italian Constitution, is that the administrative steps described in the circolare (which are expressed to apply to applicants for Italian citizenship arising from events before the commencement of the law of 1992) are matters of substance, amounting to a prerequisite to the "potential" citizenship right being activated.

86 Senator Canavan has not applied for a declaration of Italian citizenship. On the evidence before the Court, one cannot be satisfied that Senator Canavan was a citizen of Italy. The concluding section of the joint report suggests that he was not. Given the potential for Italian citizenship by descent to extend indefinitely–generation after generation–into the public life of an adopted home, one can readily accept that the reasonable view of Italian law is that it requires the taking of the positive steps referred to in the joint report as conditions precedent to citizenship.

87 For these reasons, the first question, namely, whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Canavan was returned, is answered "no".

88 Mr Ludlam lodged his nomination as a candidate for election to the Senate for Western Australia with the Australian Electoral Commission on 18 May 2016. At the time of his nomination, Mr Ludlam was unaware that he held any citizenship other than Australian citizenship. Mr Ludlam was returned on 2 August 2016 as an elected senator for Western Australia at the general election for the Parliament held on 2 July 2016.

89 In July 2017, Mr Ludlam's office was contacted by Mr John Cameron, who stated that he had reason to believe that Mr Ludlam may be a citizen of New Zealand as well as of Australia. In consequence of this contact, Mr Ludlam made inquiries for the first time as to whether he was a dual citizen. His dual citizenship was confirmed by the New Zealand High Commission on 10 July