Page:Re Canavan.pdf/64

Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

being chosen as a member of the House of Representatives, the election of Mr Joyce MP was void, and a by-election must be held in order to elect the member for New England.

140 In the reference concerning Senator Canavan, the questions should be answered as follows:

(a) There is no vacancy by reason of s 44(i) of the Constitution in the representation of Queensland in the Senate for the place for which Senator the Hon Matthew Canavan was returned.

(b) Does not arise.

(c) No further order is required.

(d) No further order is required.

141 In the reference concerning Mr Ludlam, the questions should be answered as follows:

(a) There is a vacancy by reason of s 44(i) of the Constitution in the representation of Western Australia in the Senate for the place for which Mr Scott Ludlam was returned.

(b) The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.

(c) Does not arise.

(d) Unnecessary to answer.

142 In the reference concerning Ms Waters, the questions should be answered as follows:

(a) There is a vacancy by reason of s 44(i) of the Constitution in the representation of Queensland in the Senate for the place for which Ms Larissa Waters was returned.