Second coming of Colbeck still on hold

FORMER tourism minister Richard Colbeck’s return to the Senate is being held up by the High Court challenge surrounding Devonport Mayor Steve Martin.

An Australian Electoral Commission recount on Tuesday is believed to have found that Mr Colbeck and Alderman Martin achieved the votes to replace disqualified dual citizens Stephen Parry and Jacqui Lambie.

But High Court consideration of Ald Martin’s eligibility will not be heard by the full bench until it resumes on February 5.

A spokesman for the High Court said no declaration on the Parry replacement had been made because of the uncertainty surrounding Ald Martin.

In a directions hearing by Justice Geoffrey Nettle yesterday, Ald Martin was referred to the full bench in relation to section 44 (iv) of the Constitution.

Ald Martin is seeking clarity about whether local government employees hold an “office of profit under the Crown” and are thus disqualified from taking a position in Parliament.

Pauline Hanson’s One Nation candidate Kate McCulloch is a party to the case and is also challenging the Jacqui Lambie Network’s third candidate Rob Waterman for the same reason because he is the CEO of a body which receives some federal funding.

The “office of profit” clause disqualified Hollie Hughes, the proposed NSW replacement for Fiona Nash, because she is employed by the Administrat- ive Appeals Tribunal. The High Court is still considering the issue of whether senators elected in a recount inherit the six-year terms held by Mr Parry and Ms Lambie or a three-year term.

The declaration of the NSW replacement for Ms Nash, Jim Molan, has been held up by consideration of whether he gets a six-year term or whether Concetta Fierravanti-Wells moves up the order and claims the six-year term.

For the Liberals in the 2016 election, senators Abetz and Parry won six-year terms with three-year terms for senators David Bushby and Jonathon Duniam. Senator Lambie was also elected to a six-year term.