Section 43 of the Constitution of Australia

Section 43 of the Constitution of Australia prevents a person from being a member of both houses of the Parliament of Australia. Section 43 states:

A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House.^[1]

In Sykes v Cleary,^[2] the High Court stated (in obiter) that the words "shall be incapable of being chosen" must refer to the process of being chosen such that a member of one house must resign their seat before even contesting an election for the other house.