Crossbench senator Derryn Hinch says he may not refer himself to the High Court after all as he wrestles with questions over his eligibility to sit in Parliament.
Senator Hinch said on Thursday afternoon that he would ask the nation's highest court to adjudicate whether he breached the constitution, because he has a social security card from the US.
Section 44 of the constitution bans anyone who is "entitled to the rights or privileges of a subject or citizen of a foreign power" from sitting in Parliament.
But constitutional experts said it was unlikely — although not impossible — that Senator Hinch was in breach of the constitution.
The Coalition has also indicated it might not back a move to refer him to the High Court.
On Thursday night, Senator Hinch told Sky News that if the Government believed he was in the clear, then he would not need to go to court.
"I don't want to go to the High Court, and I hope I don't have to, because it will be a waste of the court's time," he told Sky News.
"I've talked briefly to [Attorney-General] George Brandis today. If I can get a ruling from the Government and the solicitor-general that they don't think I'm in breach [of the constitution] then I won't go."
"If the Government says 'we think you're clean', I'll take it as a green light."
"I'm bewildered by it," he added.
Senator Hinch also scoffed at suggestions he was engaging in a publicity stunt.
"I didn't raise it, someone vindictively told the Herald Sun and they got it to me," he said.
Earlier the crossbench senator told the media he would have to ask the court to examine his case because voters would expect him to be transparent.
"It's now got to this damned if you do, damned if you don't," Senator Hinch said.
"If I say I've got this constitutional advice, out there in voter land, they'll say what are you scared of, what are you hiding, why won't you go to the High Court?"
Senator Hinch would be the eighth parliamentarian to face a High Court ruling if he does having his case referred.
