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::''This page is about casual vacancies in the Australian Parliament. '' ::''For other instances of the term "casual vacancy", see Casual vacancy (disambiguation).'' In the Parliament of Australia, a casual vacancy arises when a member of either the Senate or the House of Representatives: * dies * resigns mid-term〔Constitution sections 19 (Senate) and 37 (House of Representatives). The term "resign" is not to be confused with "retire". A resignation is a voluntary decision by a parliamentarian to end their term early, at a time of their own choosing. A retirement is an involuntary act whereby the sitting member chooses to see out their current term but not to contest the next general election, whenever it is held. The choice of the date of that election is not within the control of the member, but of the government.〕 * is expelled from Parliament and their seat is declared vacant,〔There has only ever been one such case, that of Hugh Mahon, who was expelled from the House of Representatives in 1920. Under Section 8 of the (Parliamentary Privileges Act 1987 (Cth) ), neither House currently has the power to expel a member. However, since this provision is not in the Constitution but only statutory, the Parliament can amend or repeal it.〕 * is absent from (fails to attend) the house, without the permission of the house, for two consecutive months of a session,〔Constitution sections 20 (Senate) and 38 (House of Representatives).〕 or * is disqualified.〔Constitution sections 44 and 45.〕 ==Disqualification== A member will be disqualified if they are found to have been ineligible for election, or become ineligible to sit, because they: *are a subject or citizen of a foreign power or under an acknowledgment of allegiance, obedience or adherence to a foreign power〔The expression "foreign power" now includes the United Kingdom, at least since the passage of the Australia Act 1986: ''Sue v Hill'' (1999) 99 CLR 462.〕 *are attainted (convicted) of treason *have been convicted and are under sentence or subject to be sentenced for an offence punishable by imprisonment for one year or longer under a Commonwealth or State law *are an undischarged bankrupt or insolvent *hold any office of profit (i.e. income) under the Crown or any pension payable during the pleasure of the Crown out of any Commonwealth revenues,〔Section 44 goes on to exempt ministerial office and military service. All other public servants must resign their position if they wish to stand for election; taking leave, even without pay, is not enough: ''Sykes v Cleary'' (1992) 176 CLR 77 (a schoolteacher).〕 or *have any direct or indirect pecuniary interest in any agreement with the Commonwealth Public Service in any way other than as a member in common with other members of an incorporated company consisting of more than 25 persons.〔Constitution section 44.〕 A member will also be disqualified if they: *take the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors〔Constitution section 45(ii).〕 *directly or indirectly take or agree to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State〔Constitution section 45(iii).〕 *have been convicted of bribery, undue influence or interference with political liberty, or have been found by the Court of Disputed Returns to have committed or attempted to commit bribery or undue influence when a candidate (the disqualification is for two years from the date of the conviction or finding),〔(Commonwealth Electoral Act 1918 ), s 386.〕 or *are of unsound mind.〔(Commonwealth Electoral Act 1918 ), s 93.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Casual vacancies in the Australian Parliament」の詳細全文を読む スポンサード リンク
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