wodger raters tuesday, page-72

????????????????????? (ii)? is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or

So if he is convicted but nit yet sentenced and the min sentence is greater than 1 yr prison then he be disqualified and a by election be required.

Liberal nsw versus labor Feds