NEW PM BY LUNCHTIME: Peter Dutton hands legal advice to Malcolm Turnbull confirming he can run for Prime Minister – as he faces off against Julie Bishop and Scott Morrison to lead Australia
Legal advice about leadership hopeful Peter Dutton’s eligibility to sit in Parliament has been handed to Prime Minister Malcolm Turnbull.
Attorney-General Christian Porter on Friday said he had received advice from Solicitor-General Stephen Donoghue QC about whether Mr Dutton was eligible to sit in Parliament over his financial interests in Commonwealth-funded childcare centres.
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.
Legal advice about Peter Dutton’s eligibility to sit in parliament has been handed to the prime minister
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.’
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.
Mr Dutton said he has the 43 signatures required to move a spill motion, Sky News reported.
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
More to come
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