If Rod Culleton is ruled to have been ineligible at the time of the election, a re-count would be triggered in Western Australia. Credit:Alex Ellinghausen The federal government had needed the vote of nine of the 11 crossbenchers in the Senate to pass laws – in the absence of Labor support – but with Senator Day's exit, it now needs eight of 10 votes for a majority. Senator Culleton's exit could further complicate matters, depending on who replaces him. The Attorney-General said on Wednesday he had written to Senate President Stephen Parry on Saturday and drawn his attention to legal advice from outgoing Solicitor-General, Justin Gleeson, on Senator Culleton's election. Senator Brandis said the advice, also provided to Senator Culleton, had been sought because of the proceedings started in the High Court against the WA One Nation senator by his former associate, Bruce Bell. The proceedings brought by Mr Bell were, he said, "based on an allegation that, at the time of the last election, Senator Culleton had been convicted of an offence punishable by a sentence of imprisonment for one year or longer, and was therefore 'incapable of being chosen' as a senator under section 44(ii) of the constitution".

The election of Family First senator Bob Day has been ruled invalid by the High Court. Credit:Stefan Postles Senator Parry had, in turn, agreed to bring the matter to the attention of the Senate when it next sits on November 7, 2016 and the government would then refer the matter to the High Court. In March 2016, Senator Culleton was convicted of larceny for stealing a tow truck key in Guyra, NSW, in 2014 from a driver seeking to repossess a company car. However, after pleading guilty he avoided a conviction being recorded against him. The constitution states that an MP or senator can be disqualified if they are convicted of an offence that carries a penalty of more than a year in jail. Mr Bell had already lodged a petition with the High Court to test the senator's eligibility for Federal Parliament in the Court of Disputed Returns.

The petition states the senator was ineligible when he nominated for election to the senate at the July 2 election because he had been convicted and was awaiting sentencing on the Guyra incident, which carried a penalty of more than 12 months in jail. However, the WA senator said in a statement he was "not making any admission to the purported claim, but I will say this is the first time I have been made aware of any action". "This is a constitutional matter and boy am I sharp on the Constitution (the real law of Australia) so this is right up my veggie patch. "A single action over $7.50 [the key] could now lead to an entire nation being stopped." In a subsequent, rambling public statement late on Wednesday Mr Culleton maintained that at all times he was innocent of stealing the key, even though he pleaded guilty to the theft.

"We are talking about a single pocket key ... I actually offered to buy him [the tow truck driver] a brass key; it was a silver one. "There's an old saying: if you grab a tiger by the tale, you better hang on. The thing is scratching, but I'm hanging on." Mr Day's case relates to section 44(v) of the constitution and whether the South Australian senator had a potential indirect pecuniary interest in a contract with the Commonwealth through his Adelaide parliamentary office, which he sold to Fullarton Investments Pty Ltd after the 2013 election after lending Fullarton the money to buy the office. A second constitutional issue could also arise if Senator Culleton is found to be bankrupt or insolvent. Creditors of his company Elite Grains will meet in Perth on Thursday morning to discuss the liquidation.

Asked whether he had traded while insolvent, Senator Culleton told ABC television on Wednesday: "No, not at all." If Senator Culleton is ruled to have been ineligible at the time of the election, a recount would be triggered in Western Australia, likely leading to the party's number two Senate candidate, Peter Georgiou, being elected. The party's WA Senate ticket at the election was a family affair – Mr Georgiou is Senator Culleton's brother-in-law. The number three spot was filled by Ioanna Culleton, his wife. Loading The One Nation website describes Mr Georgiou as a small businessman and the son of migrant parents.

With AAP