Section 44 of the Australian Constitution is once again wreaking havoc on the country's Parliament, but this time at the highest levels of Government. 

Australian Minister for Agriculture Barnaby Joyce. Photo: Simon Chamberlain, via Wikimedia Commons

The section excludes Australians with dual citizenship from holding office in the House of Representatives or the Senate, and has caught a string of politicians by surprise this winter.

First it was Greens Senator Scott Ludlam who discovered he was a New Zealand citizen, followed by Deputy Greens Leader Larissa Waters, who was born in Canada to Australian parents but returned to Australia as a baby. 

Turns out that made her Canadian by default.

After these two politicians from the Greens stepped down from their roles, it came to light that the country's then Minister for Resources and Northern Australia Matthew Canavan had dual citizenship with Italy.

However, as Canavan's Italian citizenship application was made by his mother without his knowledge, the government has taken the view his office is not unconstitutional and the matter will go before the High Court.

In the meantime, Canavan has resigned as minister. 

The latest casualty is the Barnaby Joyce, the country's Deputy Prime Minister and also Minister for Agriculture and Water Resources. 

Joyce had previously said he was not a New Zealand citizen despite his mother coming from the country, stating one had to apply for citizenship and could not simply obtain it by descent. 

However, New Zealand Prime Minister Bill English debunked that claim.

As in Canavan's case, the Australian Government has deferred the matter to the High Court, but at the time of writing Joyce had not stepped down from his ministerial roles.

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