Shaw showdown set for Vic parliament (AAP)

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A showdown involving independent rebel Geoff Shaw is set to hit Spring Street, as Labor vows to expel him from the Victorian parliament.

Labor wants the balance-of-power MP expelled for contempt for misusing his taxpayer-funded car and the issue resolved as a priority when parliament resumes at 2pm (AEST) on Tuesday.

But the government insists passing the budget is its first priority and it is considering legal advice about the parliament's powers to expel an elected member.

Labor has advice from constitutional expert George Williams saying the state parliament could expel Mr Shaw, sparking a by-election in his marginal seat of Frankston months out from the November 29 state poll.

However, Treasurer Michael O'Brien has said passing the budget was a "million times more important" than Mr Shaw.

If Mr Shaw is booted permanently from parliament, he would be the first MP in 113 years to be expelled.

Victoria's former speaker, Liberal Ken Smith, has firmed up his commitment to vote with the opposition to expel him.

It comes after a parliamentary privileges committee last month found Mr Shaw breached the MP code of conduct by misusing his parliamentary car for his private hardware business.

The committee, which was dominated by government members, recommended Mr Shaw repay the money but face no further sanction, angering its Labor members which thought he should be found in contempt.

Premier Denis Napthine has since fallen out with Mr Shaw, after the former Liberal MP declared he no longer had confidence in the government.

The only way a motion to expel Mr Shaw could be considered by the house is if Labor can convince the government to move a motion to deal with Mr Shaw.

Alternatively, if the government decides to debate the privileges committee report, the opposition could amend the motion to have Mr Shaw expelled.

Dr Napthine has warned Mr Shaw's wrongful behaviour will be dealt with strongly, but Labor says any punishment short of expulsion is weak.

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