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Posted: 2018-02-07 05:37:30

Australia's newest senator Steve Martin was a Mexican restaurant owner who first got into politics in a bid to save a Tasmanian hospital.

Now he's taking over Jacqui Lambie's old Senate seat after weathering pressure from the former senator to stand aside so she could reclaim her spot.

The Devonport mayor says he wants a full term in the Senate - not the three-year half-terms some senators will get after the 2016 double dissolution election.

"The vacancy was a six-year term in the first place, and I'm not quite sure whether the Senate has the constitutional power to alter that which has already been allocated," he told AAP.

The High Court on Tuesday ruled Mr Martin eligible to sit in the Senate, just days after Ms Lambie told Sky News if she was in his position she would be "extremely loyal and step down".

Mr Martin says Ms Lambie has not asked him to resign, but he is meeting with her when he gets back to Tasmania.

He has offered jobs to two of Ms Lambie's former staff, and will enter parliament as a Jacqui Lambie Network senator, as he promised her.

When asked if Ms Lambie would have any influence on his votes, Mr Martin said he would vote according to his conscience, but he agreed to run for the JLN because he was like-minded on many issues.

Mr Martin owned Mexican restaurant Three Amigos and a newsagency in Devonport when he became the face of a campaign to save the local Mersey hospital in 2003.

The federal government bought the hospital to defuse the issue, and Mr Martin later became mayor of Devonport.

He's on a leave of absence as mayor, and is working with the council to avoid the $50,000 cost of replacing him in a by-election.

Mr Martin will be sworn in on Monday.

Under a Senate resolution, the top six winning candidates in each state get a six-year term, while the bottom six get three years.

However, the flurry of High Court cases over eligibility has complicated the matter and the Senate will have to re-examine the issue once all new senators are sworn in.

Ms Lambie has been contacted for comment.

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