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About: Re Day (No 2)     Goto   Sponge   NotDistinct   Permalink

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Re Day (No 2) was a significant Australian court case, decided in the High Court of Australia sitting as the Court of Disputed Returns on 5 April 2017. The case was an influential decision concerning the construction of Section 44 of the Constitution and the meaning of "indirect pecuniary interest" in an agreement with the Commonwealth. The High Court held that Bob Day's re-election to the Senate in July 2016 was invalid, since he'd had an "indirect pecuniary interest" in an agreement with the Commonwealth since at least February 2016. As a result, he had not been eligible to sit as a Senator from at least February 2016 onward by reason of section 44(v) of the Constitution.