[1] Prompted by the case of James Webster,[3][4] a Senator whose eligibility to sit was questioned in the High Court, Parliament passed the Common Informers (Parliamentary Disqualifications) Act 1975 ("Common Informers Act"),[5] which replaced the constitutional scheme of penalties for members sitting while ineligible.
It was alleged that Gillespie was in breach of s 44(v) of the Constitution because his family company, Goldenboot Pty Ltd, owned part of a shopping centre in Port Macquarie, NSW, in which an Australia Post franchise operated.
[8]: para 52 Gageler J provided separate reasoning:The question posed by s 46 of whether a senator or member against whom a suit is brought is a "person declared by this Constitution to be incapable of sitting" answers the description of a "question respecting the qualification" of that senator or member within the meaning of s 47.
[8]: para 74 The result of the decision is that the operation of s 46 of the Constitution (and by extension the Common Informers Act) requires a prior finding of ineligibility by the House of Representatives or the Senate (depending on which house the affected person is a member of), or the Court of Disputed Returns exercising its jurisdiction under the Commonwealth Electoral Act 1918 (Cth) (through either the petition or referral mechanism in Part XXII).
On 24 June 2019, the High Court found the allegation proved and ordered Roberts to pay a penalty of $6,000 to Magrathea.