Do we need to think again? The foreign allegiance provision in section 38(f) of the Constitution Acts Amendment Act 1899

Procedure and Privileges Committee (Council)· 24 November 2020general_report

The WA Procedure and Privileges Committee investigated s.38(f) of the Constitution Acts Amendment Act 1899 regarding foreign allegiance. The report finds the law imprecise and recommends amendments to clarify the law, particularly around dual citizenship and foreign passports. It suggests exceptions for acquiring/using foreign travel documents and empowering Parliament to disregard disqualifying grounds in certain cases.

Impact

Potentially affects dual citizens elected to WA Parliament, the stability of parliamentary seats, and the public interest in fair representation. Clarifying the law reduces the risk of litigation and unexpected vacancies.

public_sectorjusticeforeign allegiancedual citizenshipparliamentary disqualificationsection 38(f)Constitution Acts Amendment Actforeign passportconstitutional amendmentWA Parliamentparliamentary procedurelegislative review

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