Senator Assange?
by Anne Twomey
26 Apr
... Assanges application for enrolment is apparently based upon the fact that he returned to Australia to visit his mother in June 2010. He appears to be claiming to have ceased to reside in Australia in 2010. There is a significant difference, however, between visiting Australia and residing in Australia ... The fact that the Electoral Commissioner accepted his enrolment is not significant ... The real question, therefore, is not whether Assanges nomination was accepted, but only whether anyone will challenge the validity of his nomination or election in the courts on the ground that he is not qualified ... Assanges election could be challenged within 40 days of the election by any candidate or person qualified to vote at the election ... If a court were to hold that Assanges election was invalid, then his political party would not be entitled to choose a replacement for him ...
If .. Assange was validly elected but could not take up his seat for fear of arrest, then he could resign and his resignation would be treated as a casual vacancy ... Finally, it is worth noting that if Assange walks out the door of the Ecuadorian Embassy as an Australian Senator, this would not give him any immunity from arrest on criminal charges ...
http://blogs.usyd.edu.au/cru/2013/04/senator_assange.html