5.
Answer
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.
Question (c)
If the answer to Question (a) is "no", is there a casual vacancy in the representation of Queensland in the Senate within the meaning of s 15 of the Constitution?
Answer
Does not arise.
Question (d)
What directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference?
Answer
Unnecessary to answer.
Matter No C14/2017
The questions referred to the Court of Disputed Returns by the President of the Senate in his letter dated 10 August 2017 be answered as follows:
Question (a)
Whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Roberts was returned?
Answer
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.
