Tasmanian mayor Steve Martin will seek Jacqui Lambie’s Senate spot

Jacqui Lambie’s Senate replacement, Steve Martin, will leave it to taxpayers to fund any High Court case on his eligibility.

Jacqui Lambie’s Senate replacement, Steve Martin, will leave it to taxpayers to fund a High Court determination on his eligibility, saying it is too expensive to fund himself.

The Devonport Mayor earlier today announced he would accept Ms Lambie’s Senate seat in a countback, following her resignation this week due to confirmation of her dual British citizenship.

However, constitutional experts – including George Williams and Brendan Gogarty – believe there is a fair chance his council position may be judged an “office of profit under the Crown”, making him ineligible for the Senate.

“I am eligible – prove that I’m not,” Mr Martin said in response, adding that he hoped the High Court would automatically determine his eligibility in directing the countback. “If not, I think the government or the Senate should refer my stance to the High Court,” he said.

Asked why he would not refer himself to the High Court, given his confidence – based on advice from the Senate Clerk and a 1997 paper by Justice Michael Kirby – that mayoral office was not a breach of the Constitution’s section 44, Mr Martin cited the cost.

“In reality, there is a huge cost to do it yourself and I’m afraid that even as a mayor I haven’t got that type of money - $15,000 a day around, approximately – to be able to do that,” he said. “I’ve got legal advice. I think it’s sound.”

Steve Martin and Jacqui Lambie.

If Mr Martin, the No.2 candidate on the Jacqui Lambie Network Senate ticket at the 2016 federal election, was to be ruled ineligible, the No.3 candidate, rural health manager Robert Waterman, would be elected on a countback.

Mr Waterman, who received only 39 below-the-line votes, had initially said he was not interested in replacing Ms Lambie, but suggested to The Australian he was keeping his options open, depending on what happened with Mr Martin’s candidature.

“It’s really up in the air at the moment and I really don’t have all the information,” Mr Waterman said, adding that he did not hold an office of profit under the Crown and had renounced his British citizenship in April last year.

Mr Martin confirmed that if he survived a High Court ruling he would serve as a Jacqui Lambie Network senator but said the party granted senators a broad freedom to vote according to conscience.

Ms Lambie said she was “pleased with Steve Martin’s announcement today” and “wishes him all the best”. “Steve Martin’s decision shows he is willing to take on risk to ensure the Tasmanian people are properly represented by an independent voice,” she said.

“I’m turning my attentions to Tasmania’s state election, where my candidates aim to do the same. The candidates I will run are real people running to make real change.”

Tasmanian Liberal senator Eric Abetz urged Mr Martin to act on questions about his eligibility. “Mr Martin should put the question over his eligibility to the High Court for its consideration at the same time the High Court considers former Senator Lambie’s circumstances,” Senator Abetz said.