Under Section 44 of the Australian constitution, 1. anyone holding both Australian citzenship, and the citizenship of another country, 2. That has been attained or convicted and sentenced for treason, 3. that is bankrupt or insolvent or has been convicted of a crime with prison terms over one year, 4. holds any paying job under the crown, 5. or has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons (This last one I admit I have no idea what it means), is ineligible to hold a seat in the House of Reprsentatives or the Senate.http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/coaca430/s44.html
Now, as far as I know until recently this has not been much of an issue in the past. However, recently the section has seen multiple violations by various members of Parliment and Senators, including Deputy Prime Minister Barnaby Joyce. http://www.abc.net.au/news/2017-10-27/citizenship-decision-handed-down-by-high-court/9061302
The entire thing started with Family First Senator Bob Day was found in breach of number 5. This was in April 2017, with Day resigning in November 2016. Next, was Independent and former One Nation Senator Rodney Culleton, who was declared invalid in January 2017 under number 3. The entire thing would blow up on the 14th of July 2017, when Greens Senator Scott Ludlam declared he still had citizenship from his birth in New Zealand, and resigned from Parliment. Four days after, fellow Greens Senator Larissa Waters found her parents had passed Canadian citizenship onto her. She would also resign. http://www.abc.net.au/news/2017-04-05/family-first-bob-day-election-ruled-invalid-by-high-court/8417204 http://www.smh.com.au/federal-politics/political-news/rodney-culleton-was-never-elected-to-senate-high-court-rules-20170202-gu4kfu.html http://www.smh.com.au/federal-politics/political-news/greens-senator-scott-ludlam-resigns-from-parliament-after-discovering-he-was-ineligible-to-stand-20170714-gxbb76.html http://www.news.com.au/national/politics/breastfeeding-senator-larissa-waters-resigns/news-story/663a391136278bf515b1acd6ba8fb1da
The current Government, led by the Liberal-National Coalition criticised the Greens Senators, a move that would bite them in the ass. On the 25th of July, Liberal-National Party Senator (the two parties have been in a coalition so long in Queensland they have merged into one party) Matt Canavan resigned from his positions of Minister of Resources and Northen Australia, believing he may hold Italian citizenship. One Nation Senator Malcolm Roberts was next, being shown by Buzzfeed to have British citizenship on the 8th of August. http://www.sbs.com.au/news/article/2017/07/19/turnbull-calls-greens-citizenship-problems-sloppiness http://www.abc.net.au/news/2017-07-25/matt-canavan-citizenship-crisis-resigns-from-cabinet/8742702 https://www.buzzfeed.com/markdistefano/he-was-only-19
The crisis would up the ante when Deputy Prime Minister/Leader of the National Party and member for New England Barnaby Joyce, was found to be a dual citizen on August 14th. Next was National Party Deputy and Senator Fiona Nash, who was found to be a dual citizen three days later. Finally for then, Crossbencher (Independent and small party people who become extremly important in a minority government) Nick Xenophon questioned whether he held Greek, Cypriot or British citizenship, and resigned from the Senate to stand for election into state parliment. http://www.abc.net.au/news/2017-08-22/joyce-canavan-to-concede-they-are-dual-citizens/8831596 http://www.abc.net.au/news/2017-08-17/fiona-nash-says-she-is-a-british-citizen-will-not-stand-aside/8817998 https://www.theguardian.com/australia-news/2017/oct/06/nick-xenophon-resigns-from-senate-to-run-for-state-parliament
The entire thing broiled over into seven people being refered to the High Court over citizenship. Joyce, Nash, Roberts, Ludlam and Waters were all ruled ineligible, while Canavan and Xenophon were ruled safe. However, this was not the end. President of the Senate Stephen Parry resigned after it was confirmed he had dual citizenship on the 2nd of November, while Member for Bennelong John Alexander also resigned, making the government a minority government, relying on cross benchers for supply and confidence. Others are currently rumored to be dual citizens, but this is it so far.http://www.smh.com.au/federal-politics/the-pulse-live/barnaby-joyce-malcolm-roberts-and-other-mps-receive-citizenship-verdict-from-high-court-20171027-gz9efa.html http://www.abc.net.au/news/2017-11-01/stephen-parry-confirms-he-is-a-british-citizen/9106558 http://www.abc.net.au/news/2017-11-11/john-alexander-to-resign-amid-dual-citizenship-concerns/9138814
IMO its disgraceful that the government does not have this under control. Eventually you have to step up and deal with this shit, which Malcolm Turnbull is not. His words have come back to bite him, criticising the Greens, and saying that the High Court would rule in their favor. Labor have remained basically unscathed in this entire thing, with one MP in question as her renunciation confirmation came back sfter her election. There needs to be a full audit of Parliment and if needed, a federal election.
