Greens senator Scott Ludlam is leaving federal parliament after finding out he was improperly elected more than a decade ago.
The party’s co-deputy leader recently discovered that he holds dual citizenship with New Zealand.
Under section 44 of the constitution, that makes him ineligible to hold office.
Senator Ludlam labelled it a “ridiculous oversight”.
“I apologise unreservedly for this mistake,” he said on Friday.
“This was my error, something I should have checked when I first nominated for preselection in 2006.”
Instead of going through protracted legal proceedings, he is resigning as a senator for Western Australia and co-deputy leader of the Australian Greens.
Senator Ludlam was born in Palmerston North in New Zealand and left the country with his family when he was three.
He settled in Australia not long before his ninth birthday, before being naturalised when he was in his mid-teens.
“(I) assumed that was the end of my New Zealand citizenship,” he said.
“It is entirely my responsibility – it wasn’t the way I was hoping to go out.”
Greens leader Richard Di Natale said he was devastated at the news, but Senator Ludlam’s decision to deal with the issue directly and immediately showed his integrity and character.