only as to "acknowledgment" but also as to being "a subject or a citizen" of a foreign power: "it applies only to cases where the relevant status, rights or privileges have been sought, accepted, asserted or acquiesced in by the person concerned". 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. Free v Kelly (1996) 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. Sue v Hill (1999) 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. 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. 2017–18 Australian parliamentary eligibility crisis Re Canavan (2017) During 2017 there arose seven instances of a possible breach of s 44(i), when over the course of several months seven parliamentarians were revealed to have held dual citizenship. The first two of the politicians whose dual citizenship status was revealed, Australian Greens Senators Scott Ludlam and Larissa Waters, resigned from Parliament shortly afterwards. Together with four other Senators and one member of the House of Representatives—Liberal National Party Senator Matt Canavan, One Nation Senator Malcolm Roberts, Deputy Prime Minister and Nationals leader Barnaby Joyce