The Greens - Bermuda Triangle of Australian politics
Congratulations Tony Abbott, Jim Molan and democracy supporters in the Liberal Party

Hey Scott Ludlam!!! Got a spare $6.6M for me?

Reader Michael G writes with this captivating news!

I am hoping there will be a huge number of "any persons".

http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s46.html

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 46

Penalty for sitting when disqualified

Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction.

Regards

He's right!  There it is, still unrepealed in the constitution - penalty payable to anyone who sues, 100 pounds.

Here's the Reserve Bank official calculator

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Screen Shot 2017-07-23 at 11.28.17 am
Now how many sitting days has Scott Ludlam up for?

Here's the chart with Senate sitting days over the past few years - let's average at say 50 days per year.

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He sat from 2008 to 2017 - 9 years at say 50 sitting days per year - 450 days.

450 days times $14,757.13 for each day

$6,640,708.50

Happy days for everyone but Scott and Larissa!

Well not quite.

The old "Until the Parliament otherwise provides" kicker strikes again!

Always back self-interest, at least you know they're trying!

COMMON INFORMERS (PARLIAMENTARY DISQUALIFICATIONS) ACT 1975 - SECT 3

Penalty for sitting when disqualified

             (1)  Any person who, whether before or after the commencement of this Act, has sat as a senator or as a member of the House of Representatives while he or she was a person declared by the Constitution to be incapable of so sitting shall be liable to pay to any person who sues for it in the High Court a sum equal to the total of:

                     (a)  $200 in respect of his or her having so sat on or before the day on which the originating process in the suit is served on him or her; and

                     (b)  $200 for every day, subsequent to that day, on which he or she is proved in the suit to have so sat.

             (2)  A suit under this section shall not relate to any sitting of a person as a senator or as a member of the House of Representatives at a time earlier than 12 months before the day on which the suit is instituted.

             (3)  The High Court shall refuse to make an order in a suit under this Act that would, in the opinion of the Court, cause the person against whom it was made to be penalized more than once in respect of any period or day of sitting as a senator or as a member of the House of Representatives.


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Screen Shot 2017-07-23 at 11.43.16 am

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