NSW Legal Scenario Regarding Section 44

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Salacious B Crumb

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26 December 2021
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Hello LawAnswers forum, I have a scenario I have been thinking about and would like answers to.

Lets say I, John Doe has founded and runs an energy company that sold electricity to consumers all around Australia, including the Commonwealth buildings. John Doe previously owned all (1) shares in his company, but has decided to run for federal parliament. He splits his stock into voting shares and financial shares (1 each). He founds a foundation/charity of some unrelated purpose and gives it the financial share. However, he keeps the single voting share over the company. John Doe has never taken a salary or recieved any financial compensation from the company.

Section 44 of the constitution states:

(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

Would John Doe be eligible for parliament?