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Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J

43.

  1. The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.
  2. Does not arise.
  3. Unnecessary to answer.

In the reference concerning Senator Roberts, the questions should be answered as follows:

  1. There is a vacancy by reason of s 44(i) of the Constitution in the representation of Queensland in the Senate for the place for which Senator Malcolm Roberts was returned.
  2. The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.
  3. Unnecessary to answer.
  4. Unnecessary to answer.

In the reference concerning Mr Joyce MP, the questions should be answered as follows:

  1. By reason of s 44(i) of the Constitution, the place of the Member for New England, the Hon Barnaby Joyce MP, is vacant.
  2. There should be a by-election for the election of the Member for New England.
  3. Unnecessary to answer.
  4. Unnecessary to answer.

In the reference concerning Senator Nash, the questions should be answered as follows: