Labour has threatened to expel Daryl Maguire from parliament if he does not resign in the next three weeks.
Opposition party leader Michael Daley issued an ultimatum Wednesday after the former Liberal refused to withdraw from parliament over his involvement in the corruption scandal.
The Labour Party will put into effect an almost unusual motion during the August 7 winter recess in an attempt to force the former Liberal Party to step down, Daley said.
He told reporters in Sydney: "Daryl Maguire is not fit to remain in this seat." If he does not resign, it is regrettable that we will have to take measures to drive him away. "
This rule allows the House of Commons to expel a member of Parliament.
The provision that members have acted improperly has been used only six times in the history of Parliament.
It has not been successful since 1917.
If the motion passes, Maguire`s Wagga seat will be declared vacant and a by-election will be held.
Daley said Labour had not talked to any lawmakers about supporting the move.
But he is urging the outgoing governor, Gladys Berejiklian, to show leadership and vote in favour of eviction.
"it`s a heavy thing," he said, "but it`s also a serious matter for Daryl Maguire to return to Parliament and stay in Parliament for the next nine months."
On Friday, after a corruption investigation, Maguire resigned as Liberal Party and parliamentary secretary.
Earlier, he was heard on tape discussing a commission on a property deal with a wealthy Chinese developer with a local lawmaker.
Despite growing pressure, Maguire refused to step down as a congressman, but he has announced that he will no longer stand in state elections in March 2019.
