"Does Section 34 (Qualifications of members who are the Queen's subjects in the UK and New Zealand) conflict with Section 44 Disqualifications?"

Thanks for your question.

The Australian Constitution is the set of rules by which Australia is run. It came into effect on 1 January 1901 establishing the Commonwealth of Australia. Section 34 of the Constitution covers the qualifications of members and begins with the phrase ‘Until the Parliament otherwise provides …’

This phrase allows the Parliament to change this section by passing a law. The writers of the Constitution also used this phrase in other sections they thought should be the parliament’s responsibility.

The Commonwealth Electoral Act 1918  changed the rules for who is allowed to sit in Parliament. It stated in order to become a member of the House of Representatives a person must:

This Act effectively replaced Section 34 requirements for qualifications of members.

More information on the qualifications of members can be found in the House of Representatives Practice.

diagram to help explain Does Section 34 (Qualifications of members who are the Queen's subjects in the UK and New Zealand) conflict with Section 44 Disqualifications?