26. Disqualifications
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(1) No person shall be qualified to be appointed as a Senator if, at the date of his or her appointment, he or she—
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(a) is, by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
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(b) is a minister of religion (except in the case of an appointment under section 24(2)(c));
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© is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
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(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law;
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© is under sentence of death imposed on him or her by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
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(f) subject to such exceptions and limitations as may be prescribed by Parliament, has any such interest in any such government contract as may be prescribed.
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(2) If it is so provided by Parliament, a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding 5 years) following his or her conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed as a Senator.
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(3) No person shall be qualified to be appointed as a Senator who is a member or is nominated as a candidate for election to the House.
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(4) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if, at the date of his or her appointment—
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(a) he or she holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment);
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(b) he or she belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force; or
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© he or she belongs to any police force or to any class of person that is comprised in any such force.
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(5) In subsection (1)—
“contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship.
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(6) For the purposes of subsection (1)©—
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(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds 12 months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and
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(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.