CHAP, VII] THE UPPER HOUSES 525
the Federal Parliament. No less than four-fifths of the
members so summoned shall consist of persons not holding
any office of emolument under the Crown ; but officers of
His Majesty’s sea and land forces on full or half pay, and
retired officers on pensions, shall not be deemed to be persons
holding an office of emolument under the Crown within the
meaning of this section.
Members of the Legislative Council hold their seats for
the term of their natural lives, but they may resign their seats,
and their seats become vacant on election to the Federal
Parliament. and (—
If any Legislative Councillor—
(a) Fails for two successive sessions of the Legislature to
give his attendance in the Legislative Council, unless excused
in that behalf by the permission of His Majesty or of the
Governor, signified by the Governor to the Legislative
Council ;1 or
(6) Takes any oath or makes any declaration or acknow-
ledgement of allegiance, obedience, or adherence to any
foreign prince or power; or
(¢) Does, concurs in, or adopts any act whereby he may
become a subject or citizen of any foreign state or power,
or whereby he may become entitled to the rights, privileges,
or immunities of a subject or citizen of any foreign state or
power ; Or
(d) Becomes bankrupt, or takes the benefit of any law
relating to insolvent debtors ; or
(e) Becomes a public contractor or defaulter ; or
(f) Is attainted of treason, or convicted of felony or
nfamous crime.
The members of the Lower House are subject to similar
disqualifications, absence for one session being a ground.
2. The only provision restricting the power of the Legis-
lative Council with regard to legislation is the proviso con-
tained in s. 5 of the New South Wales Act, No. 32 of 1902,
under which all Bills ‘for appropriating any part of the
public revenue, or for imposing any new rate, tax, or impost
shall originate in the Legislative Assembly ’.
3. There are no legal provisions for the adjustment of
* Cf. Attorney-General of Queensland v. Gibbon, 12 App. Cas. 442, decided
ander a similar provision in the Queensland Constitution Act, 1867.
