Bill Shorten says citizenship by-elections will be a referendum on Coalition’s company tax

OPPOSITION leader Bill Shorten has declared the upcoming by-elections a popular referendum on the Turnbull Government’s plans to reduce company tax.

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OPPOSITION leader Bill Shorten has declared the upcoming by-elections a popular referendum on the Turnbull Government’s plans to reduce company tax.

Labor has now lost more MPs and Senators to the constitutional crisis over the 117-year-old ban on dual citizens standing for Federal Parliament than any other party.

Opposition Leader Bill Shorten. Picture: Kym Smith

The Opposition is now facing three by-elections and must replace a Senator, despite Labor Leader Bill Shorten’s “rolled gold guarantee” none of his MPs would be caught up in the saga.

It follows former Batman MP David Feeney’s resignation last year, which caused a by-election in Victoria taking Labor’s total to five victims.

Four of the total 15 scalps came from the Coalition while the rest were crossbenchers.

“At these by-elections, which weren’t sought, it’s an early opportunity for Australians to cast their view on Mr Turnbull’s proposal to give $17 billion to the big banks,’’ Mr Shorten said.

The High Court ruled unanimously on Wednesday that ACT Senator Katy Gallagher was disqualified because she had failed to renounce her UK citizenship by close of nominations. Ms Gallagher had applied to renounce her British citizenship and paid the British Home Office an administration fee 32 days before the July 2 election. But it was not recorded on the register until August 16.

Ms Gallagher had argued that, although she was a dual national when she was elected in 2016, she had taken all reasonable steps to renounce the British citizenship that she had inherited from her father.

As a senator, Ms Gallagher will be replaced by another candidate from her Labor Party without a fresh election.

The decision led Labor’s Susan Lamb, Josh Wilson and Justine Keay to announce they would quit because they were also British citizens when the 2016 election writs were issued.

But as lower house MPs the trio will need to face by-elections. Ms Lamb holds her seat on a knife edge margin of 0.8 per cent, which she risks losing to the Coalition, while Mr Wilson could face a tough battle against the Greens.

Another by-election was set to be held in WA after Labor MP for Perth Tim Hammond announced he would retire causing a total of five upcoming by-elections.

It give Prime Minister Malcolm Turnbull a chance to increase his Government’s single-seat majority in the House of Representatives.

Centre Alliance MP Rebekha Sharkie speaks to the media on Wednesday. Picture: AAP / Lukas Coch

Leader of Opposition Business Tony Burke said the ruling was a reinterpretation of the law. “I have replied upon the legal advice provided to me by the Labor Party, the same advice provided to Labor leaders since the mid-90s,” he said.

“After asking all candidates to comply with the processes we thought were appropriate, the High Court has set a stricter test.

“The Australian Electoral Commission handbook for prospective candidates spells out candidates, if they’re a dual national, have to take all reasonable steps.

“The High Court has made the decision, these are the facts we’ve got to deal with.”

Mr Shorten said he relied on the Labor Party’s lawyers when he guaranteed his MPs would be fine, but he refused to release their advice. He said the lawyers said candidates took “all reasonable steps” to renounce their citizenship, which would make them eligible to sit in parliament.

“If you get your lawyers, you do take their advice, it’s been the same advice for 20 years,” he said.

To date, saga has cost Australians more than $11 million dollars in legal costs.