As he prepares for a potential second bid to topple the prime minister, Mr Dutton has been questioned over interests in a childcare business which can receive government funding.

Mr Porter said he had determined to seek advice after the eligibility questions were raised.

"In doing so, I will observe the standard practice that applies to requests from the attorney-general to the solicitor-general, which includes not commenting on a matter which is the subject of a request for advice," he said in a statement.

Labor used parliamentary question time on Wednesday to seek answers about the ex-home affairs minister's interest in two Brisbane childcare centres through the RHT Family Trust.

The business interest raises questions over whether government support to the centres is a constitutional problem for Mr Dutton and whether he was involved in cabinet decisions on the childcare sector.

But Mr Dutton told prime minister Malcolm Turnbull, who he tried to oust in a party room vote on Tuesday, that he does not have any concerns.

Mr Dutton's parliamentary register of interests shows he is a beneficiary of the RHT Family Trust along with his wife and children.

From July 2 this year, childcare centres receive a direct subsidy from the federal government.

This could put him in breach of section 44 of the constitution, which bans from parliament anyone who has "any direct or indirect pecuniary interest with the public service of the Commonwealth" - a section which led to former senator Bob Day's disqualification in 2017.

"The Member for Dickson has advised me he is not in breach of section 44 and I have no reason there to believe he is," Mr Turnbull told parliament on Wednesday while confirming he hadn't seen the legal advice.

"As far as the solicitor-general is concerned, the matter has only arisen in very recent times and we are not in possession of all the facts relating to the arrangements between the childcare centre and the member for Dickson's trust," he said.

Sky News reported later on Wednesday the government had now sought advice from the solicitor-general.

"I'd imagine Peter Dutton will make his advice public," Liberal frontbencher Craig Laundy told Sky.

"I understand it is definitive and the attorney general is going through his processes."

Labor asked if Mr Dutton excused himself from cabinet during talks about the childcare funding changes, like he had done in previous governments.

"I will get advice from the cabinet secretary and I will report back to the House as soon as I have it," Mr Turnbull told parliament.

Constitutional expert George Williams told AAP the decision in the case of ex-senator Day effectively increased the scope for disqualification for a range of financial arrangements between parliamentarians and the Commonwealth.

Labor released its own legal advice on Wednesday night that found Mr Dutton was not eligible to sit.

Australian Associated Press