Updated February 06, 2018 17:04:17

Photo: Steve Martin faced questions over his eligibility due to his position as Devonport Mayor. (Supplied: Steve Martin)

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 MsCulloch'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.

Photo: Jacqui Lambie had to leave the Senate when she discovered her British citizenship. (ABC News: Jed Cooper)

Ms McCulloch's counsel, Robert Newlinds, had argued that as a mayor of a local council in Tasmania, Martin had a direct and indirect relationship with the executive.

Mr Newlinds had said the Tasmanian Government did have influence of issues affecting Cr Martin, including tenure and pay.

Ms McCulloch was the 13th candidate in the countback after Ms Lambie quit.

Former senate president Stephen Parry is set to be replaced by Liberal Richard Colbeck.

In November, Ms Lambie confirmed the UK Home Office had told her she was entitled to British citizenship by descent because her father was born in Scotland.

Topics: courts-and-trials, law-crime-and-justice, government-and-politics, canberra-2600, act, australia

First posted February 06, 2018 16:31:03