Document ID: chunk:federal_register_of_legislation:C2008C00320:section:3
Version: federal_register_of_legislation:C2008C00320
Segment Type: section
Provision Reference: s 3
Character Range: 1104–2240

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.