Dutton finances referred to Solicitor General

Originally posted by Dave R ↑

Solicitor-General to check if Peter Dutton is in breach of constitution

By political reporter Matthew Doran
Updated 50 minutes agoWed 22 Aug 2018, 8:17pm
Photo: Attorney-General Christian Porter is understood to have asked the Solicitor-General for advice. (ABC News: Matt Roberts)
Related Story: Peter Dutton's family trust could make him ineligible to sit in Parliament
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Attorney-General Christian Porter has called on the Government's chief lawyer for advice on whether Peter Dutton is eligible to remain in Parliament.
Key points:

Peter Dutton is the beneficiary of a family trust with interests in childcare centres that receive Commonwealth subsidies

Constitutional lawyers say that could put Mr Dutton in breach of section 44(v)

ABC understands the Attorney-General has asked Solicitor-General Stephen Donaghue QC for advice

Earlier this week, as speculation Mr Dutton was preparing to mount a leadership challenge was reaching fever pitch, Network Ten reported concerns about the Queensland MPs constitutional status.
Mr Dutton's register of members' interests shows he is the beneficiary of a family trust with interests in childcare centres in Queensland.
Those centres, like many around the country, receive Commonwealth subsidies.
Constitutional lawyers, including Professor Anne Twomey, suggest Mr Dutton could be under an eligibility cloud due to the ban on members and senators benefitting financially from the Commonwealth.
That rule is contained in section 44(5) of the constitution, and includes both direct and indirect financial gain.
During Question Time, the Prime Minister was peppered with questions from Labor about the reports.
"I'm advised by the Attorney-General that advice has not been sought from the Solicitor-General," Mr Turnbull said in response.
"The matter has only arisen in very recent times, we are not in possession of all of the facts relating to the arrangements between the childcare centre and the Member for Dickson's trust.
"But it is an issue of the eligibility for the Member for Dickson, he has legal advice, which I have said I have not read it."

However, Attorney-General Christian Porter has now confirmed he has asked the Government's most senior lawyer, Solicitor-General Stephen Donaghue QC for advice on the matter.
"Given that today the subject of a member's eligibility was raised in Question Time and in media reports, I determined to seek advice from the Solicitor-General on the issues raised," Mr Porter said in a statement.
Earlier this week, Mr Dutton said he had his own legal advice suggesting he was not in breach of the constitution.
If the issue was to be dealt with by the High Court, it would require the House of Representatives to vote to refer Mr Dutton's matter for judgment.
Section 44(5) is the same part of the nation's founding document that brought former South Australian senator Bob Day undone.
The High Court ordered his disqualification from the Senate last year, after ruling leasing arrangements for his Adelaide electoral office breached the constitution.
Dave R.

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Be just another failure on behalf of the Turnbull lead government if he was . How many more things can he miss as the touted Turnbull liberal leadership ?

And going change he is the current leader and his responsibility to lead a clean government not just bring things out from the employee file of his time and choosing .

Silly Malcolm once again!

Even Howard cleaned this stuff in his first term of guv nut stuff .

But Malcolm has been proably holding things like this over other ministers as well .

Kind of work place corruption i guess ?

Anyway it will reflect well on the inefficiencies of Turnbull .

Bring on ute gate again ,

He has form to the Australian public