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What happens if Deputy Prime Minister Barnaby Joyce loses his seat?

LOSING a Deputy Prime Minister to a bungled citizenship status is uncharted territory for Australia. Here’s what could happen.

Deputy PM 'May Be' New Zealand Citizen, Prompting Questions on Parliament Eligibility. Credit - Australian Parliament via Storyful

DEPUTY Prime Minister Barnaby Joyce has revealed he might be a dual citizen of New Zealand and Australia.

And just like the growing number of Australian politicians questioning their citizenship status, he might be forced to resign from his position.

But as Prime Minister Malcolm Turnbull’s replacement and second in command, what would losing Barnaby Joyce mean for Australia?

BARNABY JOYCE EMBROILED IN DUAL CITIZENSHIP SAGA AND HAS REFERRED HIMSELF TO THE HIGH COURT

THIS IS THE AWKWARD VIDEO THAT’LL HAUNT BARNABY JOYCE, AS HE CRACKS JOKES ABOUT BEING A DUAL CITIZEN

GREENS SENATOR LARISSA WATERS RESIGNS

If the High Court rules that the Deputy Prime Minister and Minister for Agriculture is, in fact, a New Zealand citizen, his election would have been invalid according to section 44 of the Constitution.

An Australian politician can’t be eligible for Federal Parliament if their loyalties lie with another foreign power.

Mr Joyce would be forced to resign from his position, resulting in a by-election — an election in a single district to fill the gap in parliament. In his case, the by-election will determine the new member for New England.

The Turnbull Government holds onto its majority by the skin of its teeth — only by a single seat.

Disqualifying Barnaby Joyce from Parliament means the government would lose its House Majority, and the Turnbull Government would need to garner support from either crossbench MPs or the opposition to successfully pass legislation.

But who would be the next Deputy Prime Minister?

It’s up to the Governor-general, who decides based on advice from Malcolm Turnbull.

In the unlikely event that Malcolm Turnbull becomes incapacitated before a new Deputy Prime Minister had been appointed, the Governor-general would likely appoint a senior Minister as Acting Prime Minister, University of New South Wales constitutional lawyer Dr Sangeetha Pillai said.

“That’s not a situation we’ve come across before historically, and there’s no provision in the Constitution that expressly answers what would happen,” Dr Pillai says.

“It would be uncharted constitutional territory for us as a nation.”

She added that the citizenship saga among Australia’s federal politicians is striking.

“I think it raises questions about whether [section] 44(i) of the Constitution, which excludes dual citizens from sitting in the Australian federal parliament, is outdated and worthy of change,” she said.

“Many take the view that it is, given the large numbers of dual citizens in Australia today.”

anthea.batsakis@news.com.au

Original URL: https://www.heraldsun.com.au/news/victoria/if-deputy-prime-minister-barnaby-joyce-has-new-zealand-citizenship-what-happens-next/news-story/62cae3dd5122a5ce926f583b14b4127e