Australia has a new prime minister again after Scott Morrison wins historic party room ballot

Scott Morrison is the new Prime Minister of Australia, the fifth of the past five years, following the divisive overthrow of Malcolm Turnbull.

Mr Morrison prevailed in a three-way battle with former Home Affairs Minister Peter Dutton and Foreign Minister Julie Bishop.

Ms Bishop was eliminated first after getting the lowest vote, and Mr Morrison then defeated Mr Dutton in the next round by five votes, 45 to 40.

The deputy position was won by Josh Frydenberg.

The spill took place in a party room meeting at 12.20pm, after 45 members voted in favour of spilling and 40 against, resulting in the Liberal leadership being declared vacant when Mr Turnbull resigned, as he promised on Thursday.

Mr Turnbull has not yet indicated to the meeting when he will retire from parliament.

An immediate retirement would trigger a by-election in the New South Wales seat of Wentworth.

The meeting followed a tense morning in Canberra during which the Solicitor-General said challenger Peter Dutton was likely clear to sit in Parliament.

Scott Morrison has become the new Prime Minister of Australia, the fifth of the past five years, following the divisive overthrow of Malcolm Turnbull

Australian Foreign Minister Julie Bishop arrives for the Liberal Party room meeting at Parliament House

Mr Morrison prevailed in a three-way battle with former Home Affairs Minister Peter Dutton and Foreign Minister Julie Bishop

Senator Matthias Cormann and former Minister for Home Affairs Peter Dutton arrive for the Liberal Party room meeting

WHO IS SCOTT MORRISON?

* Born May 13, 1968 in Sydney

* Married to Jenny and has two daughters

* Often referred to as ScoMo

* Studied an economics and geography degree at the University of NSW

* General Manager of Tourism Council between 1996-1998, then Director of the New Zealand Office of Tourism and Sport 1998-2000.

* State Director of the NSW Liberal Party 2000-2004

* As director of Tourism Australia 2004-2006 he presided over the campaign featuring the slogan ‘Where The Bloody Hell Are You?

* Elected as the Federal Member for Cook in 2007 after first losing the preselection to Michael Towke, who was disendorsed over reported branch stacking

* Appointed to the front bench by federal Opposition Leader Malcolm Turnbull in 2008

* Took on shadow minister for immigration and citizenship in 2009 following Tony Abbott’s leadership spill

* Appointed by Tony Abbott as Minister for Immigration and Border Protection from September 2013, then Minister for Social Services from December 2014

* After Malcolm Turnbull replaced Tony Abbott as prime minister he was made Treasurer from September 2015

* Holds the safe seat of Cook in southern Sydney with a margin of 15.4 per cent.

Attorney-General Christian Porter on Friday said he had received advice from Solicitor-General Stephen Donoghue QC about Mr Dutton’s eligibility over his financial interests in Commonwealth-funded childcare centres.

The advice was given to both Mr Dutton and Prime Minister Malcolm Turnbull, before the 43 signatures needed to force the leadership spill were secured.

‘I have just been provided with a request for a meeting of the Parliamentary Liberal Party. It has 43 signatures,’ Mr Turnbull said in a statement after receiving the letter.

‘As soon as they are verified by the Whips, which should not take long, the meeting will be called.’

Australia is set to have a new Prime Minister today after legal advice confirming Peter Dutton’s eligibility to sit in Parliament was handed to Malcolm Turnbull

Mr Dutton is set to face off with deputy Liberal leader Julie Bishop (pictured) and Treasurer Scott Morrison in a three-way battle for the prime ministership

Treasurer Scott Morrison (pictured, right, with Mr Turnbull) will face off against Mr Dutton and Ms Bishop in Friday’s spill

The advice has been given to both Mr Dutton and Mr Turnbull and will be made public before a Liberal party leadership spill at midday

Mr Donaghue found there is ‘some risk’ the High Court would find Mr Dutton has a conflict of interest over federal payments to the childcare centres.

‘However, while that risk cannot be entirely discounted, it would remain necessary for the Court to identify an agreement in which Mr Dutton held that interest,’ Mr Donaghue said in legal advice released on Friday.

‘I am unable to identify such an agreement.

‘I consider it unlikely that Mr Dutton is disqualified by reason of payments made to RHT Investments under the Inclusion Support Programme.’

Mr Dutton released a statement saying the SG’s finding’s were consistent with his previous legal advice on the matter.

‘The consistent and strong advice which I have received puts to rest the false, unsubstantiated and malicious claims regarding my eligibility to sit as a Member of Parliament,’ he said.

Section 44 of the Constitution bans from parliament persons who have ‘any direct or indirect pecuniary interest with the public service of the Commonwealth’.

Mr Donaghue said it was not possible to reach a definitive conclusion without more detailed information.

Legal advice about Peter Dutton’s eligibility to sit in parliament has been handed to the prime minister

The legal advice comes as one of Mr Turnbull’s most loyal supporters, former Finance Minister Mathia Cormann (pictured, centre), declared his support for Mr Dutton

Constitutional expert George Williams said the solicitor-general’s advice was ‘spot on’.

PETER DUTTON’S POLICY PRIORITIES

IMMIGRATION

* Cut the annual permanent migration intake.

* Push migrants towards Western Australia, South Australia and regional areas to reduce congestion in major cities.

ENERGY

* Lower power prices by removing the GST on electricity bills.

* Establish a royal commission into the fuel and energy sectors.

TAX

* Abandon corporate tax cuts and deliver more relief to wage earners and small businesses instead.

DROUGHT

* Deliver more water to drought-stricken farmers.

Source: AAP

‘It is more likely that Peter Dutton is not disqualified, but this cannot be stated with certainty,’ Professor Williams said.

‘As the SG says, there is a risk he is in breach of section 44. Only the High Court can resolve this cloud of doubt.’

The 43 names needed to force a spill were secured on Friday morning. Warren Entsch made up the final signature.

The legal advice comes as one of Mr Turnbull’s most loyal supporters, former Finance Minister Mathia Cormann, declared his support for Mr Dutton.

Mr Cormann said the Member for Dickson in outer Brisbane is the man to win back John Howard’s battlers and unite the fractured party.

‘Peter Dutton connects very well to hard-working, aspirational Australians,’ Mr Cormann told Sky News on Friday.

‘I believe he will be able to reconnect with the Howard battlers – bring them back in the Liberal fold.

‘He knows what it takes to connect to families around Australia wanting to get ahead.’

Mr Cormann, who is a close friend of Mr Dutton, said the former home affairs minister was best equipped to unite the Liberals and win the next federal election.

Australian Foreign Minister Julie Bishop arrives for a vote to adjourn the House of Representatives

PETER DUTTON’S ELIGIBILITY TO SIT IN PARLIAMENT

* Advice has been provided by Solicitor-General Stephen Donaghue to the prime minister and Peter Dutton following concerns about a possible breach of section 44 of the Constitution.

* At issue was the Camelia Avenue Child Care Centre in Brisbane, operated by RHT Investments in its capacity as trustee for RHT Family Trust of which Mr Dutton is a beneficiary.

* ‘On the facts set out below, in my opinion, the better view is that Mr Dutton is not incapable of sitting as a member of the House of Representatives by reasons of s 44(v) of the Constitution.’

* Donaghue found there was no ‘agreement with the public service of the Commonwealth’ involved in the dealings between RHT Investments and the federal government ‘therefore no agreement in which Mr Dutton could have an indirect pecuniary interest by virtue of his status as a beneficiary of the RHT Family Trust’.

* However, there were two possible bases on which such an agreement ‘could be argued to exist’.

* The first of these is whether the process by which RHT Investments applied to become, and was approved as, a provider of child care services, constituted an ‘agreement’ under s44(v) of the Constitution. But Donaghue argues it’s not an agreement when one party (the government) is legally required to grant the approval if the proper conditions are met.

* The second is the process by which the child care subsidy is paid by the federal government into a bank account nominated and managed by RHT Investments. It could be considered an ‘agreement’ but Donaghue says the child care provider is merely a ‘conduit’ to pass on the money to the parent who applied for it.

* Donaghue says it is ‘impossible to state the position with certainty’.

* He gives three reasons: the facts are unlike anything the High Court has previously assessed; there may be ‘further facts’ of which he was unaware; there remains ‘significant division of opinion’ in the High Court as to how s 44 (v) operates.

* The Solicitor-General was not provided with any information on the amount of money received by the child care centre or whether it was paid directly into the RHT Investments account.

Source: Advice from Solicitor-General Stephen Donaghue

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