South Australian grants approved by Barnaby Joyce and Fiona Nash could be overturned

MINISTERIAL decisions taken by Barnaby Joyce and Fiona Nash over the past 12 months could be overturned by a court, according to bombshell legal advice commissioned by the Labor Party.

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MINISTERIAL decisions taken by Barnaby Joyce and Fiona Nash over the past 12 months could be overturned by a court, according to bombshell legal advice commissioned by the Labor Party.

South Australian mobile phone tower black spot funding, River Murray sustainability grants and appointments to the Murray-Darling Basin Authority have all been identified as potentially at risk.

Federal Attorney-General George Brandis on Sunday said most decisions made by the two former ministers since the 2016 election should be valid because they were formally signed off by cabinet or the Governor-General.

Former deputy prime minister and agriculture minister Mr Joyce has begun campaigning for the December 2 New England by-election after the High Court disqualified him from Parliament for holding New Zealand citizenship at the last election.

Ms Nash lost her roles as a NSW senator, deputy Nationals leader and minister for regional development and communications after being ruled ineligible because of British citizenship.

Decisions taken by Mr Joyce and Ms Nash since October 20 last year could be legally invalid, according to barristers Matt Albert and Matt Collins, QC.

Payments made to water entitlement holders in the Murray-Darling Basin, funding under the $220 million mobile black spot program and Mr Joyce’s controversial decision to relocate the Australian Pesticides and Veterinary Medicines Authority from Canberra to his electorate, might all face challenges.

Pressing the flesh ... Barnaby Joyce meets ardent supporter Jill Skewes over the fence at her Bendemeer home. Picture: Peter Lorimer

Under the constitution, a person can serve as a minister for up to three months without being a member of Parliament. Mr Joyce and Ms Nash were sworn in as ministers on July 19 last year and therefore automatically lost their positions on October 20, according to the legal advice.

Decisions taken after this time could be challenged.

“Such decisions could be challenged on the basis that they are invalid, because the person making the decision was not constitutionally able to hold office as a Minister at the relevant time and therefore lacked power to make the decision,’’ the advice said.

According to information compiled for the Opposition by the Parliamentary Library, at least 165 legislative instruments and announcements by the two former ministers might be challenged.

Labor frontbencher Tony Burke said Mr Joyce and Ms Nash should have followed the example of Resources Minister Matt Canavan who temporarily left the ministry when he discovered he might be ineligible to sit in Parliament.

Mr Burke was particularly concerned that decisions taken by Mr Joyce in his former roles as agriculture and water minster might be at risk.

“If you’re in charge of Australia’s quarantine service, there’s importers or exporters who make or lose money depending on decisions you make,’’ he told ABC TV.

“There will be a series of decisions there with vested interests, now combing through, and there being a whole lot of legal doubt over those decisions on the simple basis that Barnaby Joyce didn’t do what Matt Canavan did.”

The Government has sought legal advice on the implications of the dismissal of the two ministers. Senator Brandis was confident that most of their decisions were safe from appeal.

“Most decisions that ministers make are in fact made by the Cabinet on the recommendation of ministers,’’ he told

“Appointments are made by the Governor-General or the Federal Executive Council on the recommendation of ministers. So I think you will find that there (are) no legal consequences here at all.”

Senator Brandis said the courts would not review parliamentary decisions which had been made with the support of MPs or senators who were later disqualified.

Both the major parties have ruled out supporting a constitutional referendum to allow dual-citizens to run for federal Parliament

The political crisis sparked by the High Court ruling forced Prime Minister Malcolm Turnbull to delay a scheduled visit to Israel until Monday. Foreign Minister Julie Bishop will be Acting Prime Minister while Mr Turnbull is away.