The High Court has found Devonport Mayor Steve Martin is eligible to replace Tasmanian senator Jacqui Lambie.
One Nation’s Kate McCulloch had challenged Cr Martin, saying his job of Mayor made him ineligible under the constitution because it was an office of profit under the crown.
But in a unanimous decision the High Court disagreed. The decision clears the way to fill the two vacant Tasmanian senate seats.
Cr Martin had been named as the replacement for Ms Lambie — who left the Senate last year after realising she was a British citizen — after a countback by the Australian Electoral Commission.
Earlier today, Ms McCulloch’s lawyers told the court Cr Martin’s appointment would breach section 44(iv) of the constitution.
Usually the office of profit provision has applied to candidates who have failed to give up positions such as teaching or being a public servant at the time of nomination.
But Cr Martin said his position was independent of government and did not come under the crown.