Gageler J 4. (d) 11 what, if any, orders should be made as to the costs of these proceedings." There was also transmitted to the Principal Registrar of the High Court, as evidence of the apparent basis on which the reference was made, an attachment to a letter from the Attorney-General, Senator Brandis QC, to the President of the Senate dated 6 November 2016. The attachment was headed "Statement of Facts - Senator Culleton matter" and was in the following terms: "On or about 2 March 2016, Rodney Culleton was, in his absence, convicted in the NSW Local Court in Armidale, of larceny under s 117 of the Crimes Act 1900 (NSW), which carries a maximum sentence of five years' imprisonment. On 10 June 2016, he nominated as a candidate for the Senate to represent the State of Western Australia in the Commonwealth Parliament. The polling day for the election was 2 July 2016, and he was on 2 August declared to have been elected. On or about 8 August 2016, Senator Culleton's conviction for larceny was annulled under the Crimes (Appeals and Review) Act 2001 (NSW). On or about 25 October 2016, Senator Culleton pleaded guilty to the charge, and the Magistrate found the charge proven but dismissed it under the Crimes (Sentencing Procedure) Act 1999 (NSW)." 12 On 21 November 2016, French CJ allowed Senator Culleton and the Attorney-General each to be heard on the reference, by reason of which they were deemed to be parties. Having heard from Senator Culleton and the Attorney-General, his Honour ordered that the reference be referred to a Full Court for hearing. His Honour also made orders which included the following: "Question (a) of the questions referred by the Senate to the Court of Disputed Returns on 7 November 2016 shall be read as referring to s 44(ii) only and not any other reason for the vacancy referred to in that paragraph." 13 Section 44(ii) of the Constitution, in so far as is relevant, provides that a person who "has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer … shall be incapable of being chosen or of sitting as a senator". 14 The reference was heard by a Full Court of five Justices on 7 December 2016. At issue in that hearing was the effect, if any, of s 44(ii) on the election to the place for which Senator Culleton was returned as a Senator for Western Australia on 2 August 2016 as a result of his conviction on 2 March 2016 in the