Senators' Interests Committee

Pauline Hanson

I move:

That—

(a) so much of the resolution on the establishment of the Register of Senators' Qualifications agreed to on 3 April 2019 be suspended as would prevent a matter being referred; and

(b) the matter of Senator Payman's qualifications under the Constitution be referred to the Standing Committee of Senators' Interests for inquiry and report.

Katy Gallagher

I seek leave to make a short statement.

Andrew McLachlan

Leave is granted for one minute.

Katy Gallagher

The resolution establishing the Register of Senators' Qualifications placed procedural constraints on the use of the Senate's power to refer a matter relating to the qualification of a senator to the Court of Disputed Returns. This approach was recommended by the Joint Standing Committee on Electoral Matters and seeks to balance the need for compliance with the need for certainty.

The committee reasoned that full disclosure by candidates at the time of their nomination would better inform those seeking to challenge a successful candidate's qualification by petition directly to the Court of Disputed Returns within the existing 40-day window after the return of the writs. The government does not support suspending the resolution to get around these well-considered constraints.

Andrew McLachlan

The question before the Senate is that the motion standing in the name of Senator Hanson regarding a reference to the Senate Standing Committee of Senators' Interests be agreed to.