Rudd resigns as Foreign Minister

[Aussie]

So you're saying the Australian Constitution is wrong, and you know better?

If you're so convinced you know what you're on about, go get the relevant info and prove me wrong.

Bet you can't Arsie.

Nah, Rambo the Rabbit Slayer. You made the 'illegal' allegation. You said there must be a by-election. Let's see your information which proves you right. How much longer do you intend to keep digging?

All I have to do is refer to Section 15.

[boxy]

I read it as saying that the vacancy can be filled by a state representative, but they need to come from the same party as the one who was elected.

ie. the appointment has to come from the same state and party as the one vacating the seat.

[Aussie]

I read it as saying that the vacancy can be filled by a state representative, but they need to come from the same party as the one who was elected.

ie. the appointment has to come from the same state and party as the one vacating the seat.

So....there must be a by-election, yeah? Tell me it is so, boxy.

[IQS.RLOW]

Turns you on Aussie?

[boxy]

Yeah, right oh... funny as fuck, I'm sure (for a loony with nothing better to amuse themself with).

[IQS.RLOW]

I read it as saying that the vacancy can be filled by a state representative, but they need to come from the same party as the one who was elected.

ie. the appointment has to come from the same state and party as the one vacating the seat.

So....there must be a by-election, yeah? Tell me it is so, boxy.

If Carr was retired from politics, isn't this the same as being able to draught any joe blow from anywhere?

[Aussie]

Yeah, right oh... funny as fuck, I'm sure (for a loony with nothing better to amuse themself with).

Well.....is there to be a by election or not, boxy? Simple question.

[Outlaw Yogi]

So you're saying the Australian Constitution is wrong, and you know better?

If you're so convinced you know what you're on about, go get the relevant info and prove me wrong.

Bet you can't Arsie.

Nah, Rambo the Rabbit Slayer. You made the 'illegal' allegation. You said there must be a by-election. Let's see your information which proves you right. How much longer do you intend to keep digging?

All I have to do is refer to Section 15.

Ok, you asked for it mugsly.

Chapter I. The Parliament.
Commonwealth Of Australia Constitution Act
Part II - The Senate
http://www.aph.gov.au/About_Parliament/ ... n/par2cha1

1st:

7. The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

2nd, your all importent s15

15. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together, or, if there is only one House of that Parliament, that House, shall choose a person to hold the place until the expiration of the term. But if the Parliament of the State is not in session when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days from the beginning of the next session of the Parliament of the State or the expiration of the term, whichever first happens.

Now correct me if I am wrong, but I'm dead set certain Julia Gillard is in the federal parliament, not the state parliament nor a state governor.
So the NSW state parliament is entitled to choose a replacement if they so wish, but as they are not of the same party as Abib, that is highly unlikely .. which is why Labor cried so much when Joh Bjelkie Pedersen did precisely that - replacing a dead Labor senator with a Nationals senator.
So as the NSW govt won't select an appointee, and the federal government is not entitled to regardless of which party is incumbent, the only legal option is a by-election.

Thus Section 15 of the constitution supports my case and kicks a gaping hole in yours.

Got anything else Arsie?

[boxy]

The governor of the state will appoint the person that the state party concerned put forward (ie. the state ALP will put forward Carr, on the advice of the PM, in this case).

[Outlaw Yogi]

The governor of the state will appoint the person that the state party concerned put forward (ie. the state ALP will put forward Carr, on the advice of the PM, in this case).

No the Governor steps in if the state parliament is not sitting.
If the state parliament is sitting, but fails to forward an appointee, a by-election is due.
The NSW ALP are not entitled to forward an appointee because they are not the government of NSW.