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Constitutional Law - Australians for Action on Climate and Energy Party - Law Assignment Help
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Task : You have been asked to provide advice to the Australians for Action on Climate and Energy Party (the AACEP). They are seeking to field candidates for the Senate in Queensland at the next federal election. They are sure they have better policies than the current government to address these critical issues. The election is to be held on Australia Day, 26 January 2019. Nominations of candidates close on 2 January 2019, to give independent candidates time to be persuaded/ dissuaded by their family and friends over the Christmas period. However, given events over the last two years, the AACEP is concerned that some proposed candidates may be ineligible for election as Senators, due to the requirements of section 44 of the Constitution. In particular: Rashid Farullah was born in Australia to parents who were Afghan refugees. He thinks he may hold Afghani citizenship by descent, although he is not sure. Rashid wrote to the Afghan Consulate in Australia on 1 November 2018, renouncing any Afghani citizenship he may hold. He was advised that to process the paperwork remotely will take 6-12 months and cost $100 US. However, if he were to present himself in person to the Ministry of Citizenship in Kabul, and pay an additional fee of $150 US, he may renounce his citizenship effective immediately. Rashid has never been to Afghanistan and does not want to travel to Kabul to have his application expedited. Sarah Potts is a successful businesswoman who owns a chain of environmentally friendly clothing stores. She is a pioneer of carbon-neutral manufacturing, and her factories receive generous carbon credits from the Commonwealth Department of the Environment under the Carbon Emission Reduction Act 2016 (Cth). Sherry Lim is a local councillor with the Gold Coast City Council. She receives an annual salary under the Local Government Act 2009 (Qld). She plans to take 2 months leave without pay to campaign for this election. Her leave without pay commences on 1 December 2018, and she intends to hand in her nomination after that date. She is also a member of the Army Reserve. In this capacity, she is required to attend training exercises 2 weeks a year, for which she receives an allowance from the Commonwealth Department of Defence. She does not plan to resign from the Army Reserve. You have been engaged to advise the AACEP as to whether any of these three proposed candidates are, or may be, ineligible to stand for election, and what steps they should take to rectify this. Your advice should refer to Australian case law on section 44 of the Constitution, but it should give clear and practical guidance to the AACEP which is comprehensible to non-lawyers. Where the current law is uncertain, you should set out the current situation, and the issues which remain unresolved. You do NOT need to consider any provisions of the Commonwealth Electoral Act 1918 (Cth), the Local Government Act 2009 (Qld), the (fictional) Carbon Emission Reduction Act 2016 (Cth) or any other legislation. You are not required to investigate the law of any foreign country. You are required to footnote case references, and any other sources you rely on.This Law Assignment has been solved by our Law experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.