Jacqui Lambie in line for early return to senate

Jacqui Lambie may be back in federal parliament sooner than expected, due to a cloud over her would-be replacements.

Ex-senator Jacqui Lambie may be in line for an earlier-than-expected return to politics. Picture: Grant Wells

Jacqui Lambie may be back in federal parliament sooner than expected, with a constitutional cloud hanging over her would-be replacement, Steve Martin.

Mr Martin, No. 2 on the Jacqui Lambie Network Tasmanian Senate ticket at last year’s federal election, is the Mayor of Devonport, and some experts believe this role may make him constitutionally ineligible to sit in the Senate.

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With the JLN ticket’s No. 3 — rural health manager Robert Waterman — saying he is not interested in the job, a casual vacancy may arise that the JLN could nominate Ms Lambie to fill; if the former Senator has successfully revoked her British citizenship.

Mr Martin was to announce his intention to take part in the recount to fill Ms Lambie’s position today but cancelled a media conference after constitutional experts, including George Williams, suggested his mayoral position may make him ineligible.

University of Tasmania senior law lecturer Brendan Gogarty said this was likely the case, with Tasmania’s legislation appearing to mean the role constituted an “office of profit under the crown”, a disqualification from serving as a federal MP under Section 44 of the Constitution.

“That … requirement is basically legalese for having a paid public position in which you are responsible to a government minister and or parliament,” Dr Gogarty said.

“Councils … are actually set up by state legislation. That legislation … when read in light of the state constitution’s own provisions on office under the crown, appears to treat councillors as paid public officers responsible to the local government minister.

“So, in Tasmania at least, being a mayor would appear to make you ineligible to be chosen for federal parliament.”

However, Professor Williams suggested it was “grey area” that would require High Court determination and Mr Martin said Ms Lambie had last year obtained legal advice — backed by the clerk of the Senate — that his mayoral role did not constitute an office of profit.

Ms Lambie, who resigned earlier this week after learning she had British citizenship, in breach of the Constitution, has vowed to remain in politics.

She has signalled she may seek to return to the Senate or try to win the federal seat of Braddon, should there be a fresh national election or by-election. (Current Braddon MHR, Labor’s Justine Keay, is also battling Coalition claims of a dual citizenship cloud over her eligibility).

While Ms Lambie has ruled out asking Mr Martin to take her position and then resign, to create a casual vacancy she could then fill, she has not ruled out stepping back into the field should Mr Martin and Mr Waterman both be unavailable.

Mr Martin said today he was “taking time to consider the decision”.