The Senate has voted to refer the election of not one but two senators to the High Court - Family First senator Bob Day and One Nation senator Rod Culleton.
Both senators are being referred to the High Court for possible breaches of the Constitution that could deem their election to the Senate invalid.
Day, who officially resigned from parliament last week, is being referred over a lease arrangement for his electorate office in Adelaide. If he held a financial interest in the property, this is in breach of a constitutional ban on parliamentarians having contracts with the Commonwealth.
Culleton is being challenged over a larceny conviction from 2014, which was quashed after he was elected to the Senate in 2016. Because he was convicted of an offence carrying a punishment of more than one year in jail, the High Court could rule that he was not eligible to run for parliament.
Labor, the Greens, the Nick Xenophon Team and One Nation supported the government's motion. Only Culleton opposed it.
Special minister of state Scott Ryan said the government had taken every step to investigate both situations, but that the only body that could determine if there had been a breach of the Constitution was the High Court.
One Nation leader Pauline Hanson threw her colleague under the bus, telling the Senate she supported the government's move to refer Culleton to the High Court because she has always stood for "honesty, integrity and what is the truth".
"My fellow colleagues and I support senator Culleton, but we have seen on too many occasions politicians in this place and the other place who have not been accountable to the Australian people," she said.
"I cannot sit back and disregard what may have been a wrong judgement. I will leave it up to the courts to make the final decision."
Labor Senate leader Penny Wong said there were serious questions to be answered about the government's involvement in Day's office arrangements, noting ministers "turned a blind eye" and "repeatedly ignored" the situation.
"Who knew what and when?," she said on Monday.
“This is a mess of the government’s own making."
Greens democracy spokesperson Lee Rhiannon has used the potential constitutional breach to repeat her party's call for a federal corruption commission to investigate the government and public service.
"It does seem like Day was aware of the possible breach prior to his election, and we know that concerns around section 44 were on the government’s radar. We also know they ignored the advice of the Department of Finance in approving the questionable leasing arrangement," Lee said.
"Both of these issues are absolutely ripe for investigation by a federal anti-corruption body. The Greens have been calling for a national anti-corruption body for six years and four terms of government and this latest saga only strengthens our case.”
Culleton accused the government of acting with a "vested interest", saying they were out to secure his West Australian Senate seat if a recount is ordered.
He described the motion as undemocratic, spurious and frivolous.
A bright light shining through the roof of the Senate chamber hit Culleton on Monday afternoon as he exclaimed “What is going on behind closed doors will be disclosed… the skulduggery!"
The WA senator indicated he wouldn't go down without a fight. Comparing himself to Mohammed Ali, he said he'd "hopefully take it out in the eighth round".
"What happened to innocent until proven guilty," he said.
While under investigation Culleton has indicated he will continue to vote on legislation in accordance with Senate rules, and will "represent the people of Australia".
If his election is deemed invalid, his role would be taken by another One Nation senator.
In a letter to the president of the Senate, Culleton indicated he is planning to ask the Senate to have "offending" High Court judges, who could "sabotage the very purpose of an elected federal parliament", removed from the court hearing.
In Day's case, if the High Court rules he had a financial interest in his old Adelaide electorate office, and his election is deemed invalid, there will be a recount of votes and preferences in South Australia. This could see his seat fall to Labor.
In a series of angry letters, Day has accused the government of misleading him and not providing accurate information on the law.
"I was not given accurate information by either the department or then minister as to the distance required between a senator and a senate office's landlord," he wrote to finance minister Mathias Cormann.
"Their advice basically centred on the principle that it was 'not a good look' for a senator to own his or her own office. That was basically it."
"I was told here was no law against it, but that it 'wouldn't look good' or 'pass the pub test'."