Independent Frankston MP Geoff Shaw in Parliament on Tuesday. Credit:Angela Wylie The explosive development has the potential to trigger a byelection in the highly marginal seat of Frankston which could hypothetically cost the Napthine government power. Under the rules of parliament an MP convicted of an offence carrying a minimum five-year jail term is no longer able to hold their seat. Under section 82 of the Crime Act, obtaining financial advantage by deception carries a maximum penalty of 10 years imprisonment. The Napthine Government, which controls 44 seats in the 88 member house, relies on Mr Shaw’s support to govern.

Mr Shaw resigned from the parliamentary Liberal party to sit as an independent in a storm of controversy earlier this year, citing a lack of confidence in former premier Ted Baillieu. It follows an investigation by the Ombudsman revealing Mr Shaw’s Ford Territory was used for deliveries for his hardware business in Victoria, South Australia and the Australian Capital Territory. But a court case against Mr Shaw, which could still be months away, would need to show he ‘‘deceptively’’ benefited. He has already repaid $1250 for petrol. Later on Tuesday, Mr Shaw released a statement confirming the charges and saying that he continued to work for his constituents. "Today I have received a summons from Victoria Police," Mr Shaw said.



Mr Shaw said that last Thursday he made submissions to the Privileges Committee which had reserved its decision.



"As previously stated, I have given my full co-operation to the investigations," he said.



"I am entitled as a Member of Parliament to due process and will make no further comment whilst the Parliamentary Privileges Committee is still considering its decision.

"In the meantime, I restate that it is a privilege to represent the Frankston community and the Victorian Parliament and I want to assure the people of Frankston that I continue to work hard in their interests." Mr Shaw has previously signalled a desire to return to the Liberal Party. Last month he told The Age he had made a four year commitment to the people of Frankston, although he was ‘‘leaving my options open’’. Premier Denis Napthine earlier on Tuesday said there had been no discussions with Mr Shaw about the possibility of returning to the Liberal fold. ‘‘There has been no discussion and no proposals for Geoff Shaw to return to the parliamentary Liberal Party,’’ Dr Napthine said. ‘‘It is not on the agenda.’’

Opposition leader Daniel Andrews said Dr Napthine was only premier because Mr Shaw had decided to quit the Liberal Party. “Denis Napthine is the premier of this state because of Geoff Shaw. The Liberal and National Parties are in government in this state because of Geoff Shaw. It is only his support, his vote and his withdrawal of support for Ted Baillieu that we saw a change of premier,’’ Mr Andrews said. The Labor leader said the party maintained that the police were the right authority to be dealing with the case against Mr Shaw. “We still do not accept that a Liberal-Nationals dominated privileges committee should be investigating one of their own,’’ he said. Mr Andrews would not be drawn on whether Mr Shaw should resign or stand aside, but said there were some serious questions Dr Napthine had to answer.

“If the Premier doesn’t front the cameras today to answer your questions that will be a pretty powerful indication of the sort of leader Denis Napthine is,’’ he said. with Richard Willingham