Federal MPs calling for a citizenship audit are ignoring the fact that the Australian Electoral Commission has no legal power to do so, Special Minister of State Scott Ryan says.
A number of coalition MPs have called for the AEC to check the eligibility of all members of parliament in the wake of a High Court decision which disqualified five parliamentarians.
Senator Ryan says the AEC has no legal authority to conduct an audit.
"They are constrained by the Electoral Act - they can't knock out nominees when they nominate for election on these grounds and they can't conduct an audit of members of parliament," he said on Friday.
"It simply lacks the legal authority or the competence to do so."
The AEC has put a statement on its website confirming the minister's view.
"The AEC cannot disqualify a candidate relying on the operation of section 44 of the constitution," it said, nor could it conduct eligibility checks.
The commission added that in any case there was "no data source available that would enable comprehensive candidate eligibility inquiries to be made in a timely and accurate way".
"The difficulty of such a task would also be exacerbated by the requirements of the election timetable specified in the Electoral Act, which provide for candidate nominations to be made less than a week prior to the start of early voting."
Minister Ryan rejected reports the government is looking at forcing MPs found to have legal problems with their citizenship to pay back their taxpayer-funded salaries.
The Australian Financial Review reports the government is considering the pay-back plan as public outrage grows over MPs being found ineligible to sit in parliament due to their dual citizenship.
Where the High Court rules an MP ineligible, officials determine how much that MP owes in terms of salaries, electorate allowances, superannuation, staff and travel expenses.
However, those MPs can then apply for a waiver of their debts - which in the case of recently disqualified MPs has been granted to the tune of millions of dollars.
"For any debts that the former parliamentarians owe to the commonwealth, they will be eligible to apply for a waiver of debt, as can anyone with a debt to the commonwealth," Senator Ryan said in a statement on Friday.
"I consider each case on its merits. I intend to continue this practice."
The AFR said resigned senior Liberal senator Stephen Parry could be the last to be granted the waiver.
