Acting NSW Labor leader Michael Daley says his party will move a motion in parliament to expel Daryl Maguire if he doesn't quit before August 7.
Labor is threatening to expel disgraced NSW MP Daryl Maguire from state parliament if he doesn't quit within the next three weeks.
Acting opposition leader Michael Daley issued the ultimatum on Wednesday after the former Liberal refused to quit parliament over his involvement in a corruption scandal.
Mr Daley said Labor would move a rarely-used motion when parliament returns from the winter break on August 7 to try and force the former Liberal junior minister out.
"Daryl Maguire is unfit to sit and if he won't go, unfortunately, we'll have to take steps to remove him," he told reporters in Sydney.
The standing order - which allows the lower house to expel an MP "guilty of conduct unworthy of a member of parliament" - has only been used six times in parliament's history. It hasn't been successful since 1917.
If the motion passed, Mr Maguire's seat of Wagga Wagga would be declared vacant, and a by-election would be called.
Mr Daley said Labor was yet to speak to the Nationals or any crossbench MPs about supporting the move.
But he's urging Premier Gladys Berejiklian - who is on leave - to show leadership and vote in favour of the expulsion.
"It's a heavy thing to do but Daryl Maguire walking back into parliament and sitting on the crossbenches for the next nine months is a serious thing as well," he said.
On Friday Mr Maguire quit the Liberal party and his role as parliamentary secretary after a corruption inquiry heard secret recordings of him discussing potential commissions with a local councillor from property deals with a wealthy Chinese developer.
Despite mounting pressure, he's refused to quit as an MP but has announced he won't recontest the next state election in March 2019.