<P> A "mental element" had been explicit in early Convention drafts, which had disqualified any person "Who has taken an oath or made a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or has done any act whereby he has become a subject or citizen, or entitled to the rights or privileges of a subject or a citizen, of a foreign power" (Sydney Convention 1891 and, with capitalisation and punctuation changes, Adelaide Convention 1897); the provision took its present form at the Melbourne Convention 1898 . </P> <P> At the 1996 federal election, the election of Jackie Kelly for the House of Representatives seat of Lindsay was challenged because she was a dual citizen of Australia and New Zealand at the time of her nomination . That part of the challenge was not pursued however as Kelly conceded that she was incapable of being chosen as a member of the House of Representatives while serving as an officer of the Royal Australian Air Force . </P> <P> At the 1998 federal election, Heather Hill, who held both British and Australian citizenship, was elected to the Australian Senate as a One Nation senator for Queensland . Henry Sue, a voter from Queensland, appealed to the High Court of Australia . </P> <P> Chief Justice Murray Gleeson ruled that the United Kingdom qualified as a "foreign power" under section 44 (i), and as a British citizen Hill was therefore unable to take up her Senate seat . As a result, Len Harris, the second One Nation candidate on the ballot, was elected in place of Hill in the Senate . </P>

When was section 44 of the constitution written