FORMER One Nation senator Rod Culleton could face jail time for impersonating a government official if he continues to claim he is a federal MP.

Nearly a week after he was removed from his Senate seat for being declared bankrupt, Rod Culleton was yesterday refusing to accept the Federal Court and Senate’s rulings and told media he was “not going anywhere”.

The 52-year-old farmer has vowed to mount a legal challenge to his removal.

He “conceded to a self-imposed moratorium” in which he will not attend functions as a senator but said he refused to acknowledge he no longer held the seat.

“I’ve very proud to be a senator,” Culleton told reporters in Perth.

“I am not bankrupt,” he said.

“I will appeal. I am solvent, I’m not insolvent. Life will go on.”

The Australian reports Mr Culleton could be prosecuted under the Criminal Code Act for impersonating a Commonwealth public official if he continues to insist he is a senator for some time.

The offence carries a prison term of up to five years and fines.

Mr Culleton told reporters yesterday he was proud of the job he had done in his five short months as a senator.

The press conference was cut short when he was asked how he was being paid or was paying staff when he was officially no longer a senator.

“My lawyers have politely written to Senator (Senate President Stephen) Parry, I believe the government has prematurely shot the gun ... Senator Parry has usurped his powers that he doesn’t have,” he told reporters.

His vacancy could be filled by the second person on the One Nation ticket, Mr Culleton’s brother-in-law Peter Georgiou, or the party can nominate a replacement, which is still to be determined.

Mr Culleton was declared bankrupt in the Federal Court over a $280,000 debt that he had failed to pay to businessman Dick Lester, automatically making him ineligible to be a senator.

Mr Culleton had a legal win on Monday when another creditor’s petition seeking to declare him bankrupt was thrown out.