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

44.

1. There is a vacancy by reason of s 44(i) of the Constitution in the representation of New South Wales in the Senate for the place for which Senator the Hon Fiona Nash 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 Senator Xenophon, the questions should be answered as follows:

1. There is no vacancy by reason of s 44(i) of the Constitution in the representation of South Australia in the Senate for the place for which Senator Nick Xenophon was returned.
2. Does not arise.
3. No further order is required.
4. No further order is required.