LAMBIE SET FOR RETURN

... but Lambie wants seat handed over

THE High Court has opened the way for former Tasmanian senator Jacqui Lambie’s potential return.

Devonport mayor Steve Martin — who was second on the Jacqui Lambie Tasmanian senate ticket at the last election — was cleared by the High Court late yesterday to replace Ms Lambie as senator, after she resigned over the dual citizenship saga.

After the ruling, Mr Martin said: “I will be texting Jacqui very shortly and we will go from there. We need to consider the way forward.”

Ms Lambie said if she were in Mr Martin’s position she would be “extremely loyal and step down” — and the party could nominate her as a replacement. “It’s a question of personal morality,” she said. But Mr Martin indicated he was now keen to take up the seat.

FORMER Tasmanian senator Jacqui Lambie could return to parliament if her now-decided replacement decides to hand back her Senate seat.

Devonport mayor Steve Martin was cleared by the High Court yesterday to replace Ms Lambie as senator, after questions were raised about his eligibility.

The court considered whether being a mayor was an “office of profit under the Crown” — a disqualifying position under section 44 of the Constitution.

But the court unanimously decided the Jacqui Lambie Network candidate was not ineligible to be chosen for, or sitting in, the Senate.

Speaking outside the court in Canberra, Mr Martin said he was very excited.

“I will be texting Jacqui very shortly and we will go from there,” he said.

“We need to consider the way forward.”

Ms Lambie has put pressure on Mr Martin to resign and pave the way for her return.

She told Sky News on Saturday if she was in Mr Martin’s position she would be “extremely loyal and step down”.

“It’s a question of personal morality,” she said.

But Mr Martin indicated he was keen to take the seat.

“It’s great to have now the opportunity of representing Tasmania and work in the best interests of Tasmania and Tasmanians,” he said.

His resignation would cre- ate a casual Senate vacancy which the JLN would fill.

Ms Lambie resigned from Parliament in November after discovering she held dual citizenship — a disqualifying provision under the Constitution.

She has since renounced her British citizenship and is eligible to return to Parliament.

Mr Martin said he was pleased the constitutional position of mayors and local government councillors who decided to run for federal Parliament had been cleared up.

“You don’t have to quit your job to apply for a job without knowing the outcome — that is what it was all about,” he said of the case.

Lawyers for One Nation candidate Kate McCulloch, who unsuccessfully ran for a Tasmanian seat in the Senate at the 2016 election, argued Mr Martin should have been disqualified.

Robert Newlinds, SC, argued Mr Martin’s role as mayor fell under the executive of the state government of Tasmania.

Mr Martin’s legal team argued the offices were not “under the Crown” because of their high degree of independence from the executive government.

The federal Solicitor-General argued the position of councillor was not the same as being a commonwealth public servant. The court is awaiting a submission from the AttorneyGeneral to formalise Mr Martin’s position.

The decision in the Martin case will clear the way for former Liberal senator Richard Colbeck to replace former Senate president Stephen Parry later this week.

A spokesman for the High Court said the reasons would be published today.

High Court Justice Geoffrey Nettle considered the Parry case yesterday but adjourned it to Friday while consideration is given to the mathematics of vote transfer values.

— with AAP