Can someone be a member of a state parliament and federal parliament at the same time?
The Australian flag and the Commonwealth Coat of Arms at Australian Parliament House
Parliamentary Education Office (peo.gov.au)
The Australian flag and the Commonwealth Coat of Arms at Australian Parliament House
Parliamentary Education Office (peo.gov.au)
Description
At Australian Parliament House, the Commonwealth Coat of Arms (a kangaroo and an emu standing on either side of a shield) and the Australian national flag are clearly visible at the front of the building.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
You are free to share – copy and redistribute the material in any medium or format.
The licensor cannot revoke these freedoms as long as you follow the license terms.
Attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
Non-commercial – You may not use the material for commercial purposes.
No derivatives – If you remix, transform, or build upon the material, you may not distribute the modified material.
No additional restrictions – You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Waiver – any of the above conditions can be waived if you get permission from the copyright holder.
No, a person can only be a member of the Australian Parliament, or a state or territory parliament. They can’t be both at the same time.
The Australian Constitution and the Commonwealth Electoral Act 1918 set out rules about who can be a member of the Australian Parliament. Someone who is a member of a state or territory parliament would not be able to run for election to the Australian Parliament unless they resigned from this role first.
There have been many people who have been members of both the Australian Parliament and their state or territory parliament, but not at the same time. For example, Senator Katy Gallagher was a member of the ACT Legislative Assembly before resigning to become a senator representing the ACT. Mr Andrew Gee was a member of the NSW Legislative Assembly. He resigned from this position before being elected to the House of Representatives as the Member for Calare.