Summary

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An equal number of MPs voted for and against the motion introduced by Watson MP Tony Burke (Labor), so the Speaker and MP for Casey Tony Smith (Liberal) gave his casting vote to the noes, meaning the motion failed.

Motion text

That pursuant to section 376 of the Commonwealth Electoral Act 1918, the House of Representatives refer the following questions to the Court of Disputed Returns:

(1)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Batman (Mr Feeney) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(2)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Braddon (Ms Keay) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(3)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Fremantle (Mr Wilson) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(4)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Longman (Ms Lamb) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(5)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Mayo (Ms Sharkie) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(6)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Chisholm (Ms Banks) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(7)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Mitchell (Mr Hawke) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings;

(8)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Forrest (Ms Marino) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings; and

(9)

(a) whether, by reason of s44(i) of the Constitution, the place of the Member for Mackellar (Mr Falinski) has become vacant;

(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;

(c) what directions and other orders, if any, the Court should make in order to hear and finally dispose of this reference; and

(d) what, if any, orders should be made as to the costs of these proceedings.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Adam Bandt Melbourne Australian Greens Yes
Australian Labor Party (99% turnout) 68 Yes 0 No
Anthony Albanese Grayndler Yes
Anne Aly Cowan Yes
Sharon Bird Cunningham Yes
Chris Bowen McMahon Yes
Gai Brodtmann Canberra Yes
Tony Burke Watson Yes
Linda Burney Barton Yes
Mark Butler Port Adelaide Yes
Terri Butler Griffith Yes
Anthony Byrne Holt Yes
Jim Chalmers Rankin Yes
Nick Champion Wakefield Yes
Lisa Chesters Bendigo Yes
Jason Clare Blaxland Yes
Sharon Claydon Newcastle Yes
Julie Collins Franklin Yes
Pat Conroy Shortland Yes
Michael Danby Melbourne Ports Yes
Milton Dick Oxley Yes
Mark Dreyfus Isaacs Yes
Justine Elliot Richmond Yes
Kate Ellis Adelaide Yes
David Feeney Batman Yes
Joel Fitzgibbon Hunter Yes
Mike Freelander Macarthur Yes
Steve Georganas Hindmarsh Yes
Andrew Giles Scullin Yes
Luke Gosling Solomon Yes
Tim Hammond Perth Yes
Ross Hart Bass Yes
Chris Hayes Fowler Yes
Julian Hill Bruce Yes
Emma Husar Lindsay Yes
Ed Husic Chifley Yes
Stephen Jones Whitlam Yes
Justine Keay Braddon Yes
Mike Kelly Eden-Monaro Yes
Matt Keogh Burt Yes
Peter Khalil Wills Yes
Catherine King Ballarat Yes
Madeleine King Brand Yes
Susan Lamb Longman Yes
Andrew Leigh Fenner Yes
Jenny Macklin Jagajaga Yes
Richard Marles Corio Yes
Emma McBride Dobell Yes
Brian Mitchell Lyons Yes
Rob Mitchell McEwen Yes
Shayne Neumann Blair Yes
Brendan O'Connor Gorton Yes
Clare O'Neil Hotham Yes
Cathy O'Toole Herbert Yes
Julie Owens Parramatta Yes
Graham Perrett Moreton Yes
Tanya Plibersek Sydney Yes
Amanda Rishworth Kingston Yes
Michelle Rowland Greenway Yes
Joanne Ryan Lalor Yes
Bill Shorten Maribyrnong Yes
Warren Snowdon Lingiari Yes
Anne Stanley Werriwa Yes
Meryl Swanson Paterson Yes
Susan Templeman Macquarie Yes
Matt Thistlethwaite Kingsford Smith Yes
Maria Vamvakinou Calwell Yes
Tim Watts Gellibrand Yes
Josh Wilson Fremantle Yes
Tony Zappia Makin Yes
Wayne Swan Lilley Absent
Mark Coulton Parkes Deputy Speaker No
Cathy McGowan Indi Independent Yes
Andrew Wilkie Denison Independent Yes
Bob Katter Kennedy Katter's Australian Party Yes
Liberal Party (98% turnout) 0 Yes 57 No
Tony Abbott Warringah No
Karen Andrews McPherson No
Kevin Andrews Menzies No
Julia Banks Chisholm No
Julie Bishop Curtin No
Russell Broadbent McMillan No
Scott Buchholz Wright No
Steven Ciobo Moncrieff No
David Coleman Banks No
Peter Dutton Dickson No
Warren Entsch Leichhardt No
Trevor Evans Brisbane No
Jason Falinski Mackellar No
Paul Fletcher Bradfield No
Nicolle Flint Boothby No
Josh Frydenberg Kooyong No
Ian Goodenough Moore No
Andrew Hastie Canning No
Alex Hawke Mitchell No
Sarah Henderson Corangamite No
Luke Howarth Petrie No
Greg Hunt Flinders No
Steve Irons Swan No
Michael Keenan Stirling No
Craig Kelly Hughes No
Andrew Laming Bowman No
Craig Laundy Reid No
Julian Leeser Berowra No
Sussan Ley Farrer No
Nola Marino Forrest No
John McVeigh Groom No
Scott Morrison Cook No
Ben Morton Tangney No
Ted O'Brien Fairfax No
Kelly O'Dwyer Higgins No
Tony Pasin Barker No
Christian Porter Pearce No
Jane Prentice Ryan No
Melissa Price Durack No
Christopher Pyne Sturt No
Rowan Ramsey Grey No
Stuart Robert Fadden No
Ann Sudmalis Gilmore No
Michael Sukkar Deakin No
Angus Taylor Hume No
Dan Tehan Wannon No
Alan Tudge Aston No
Malcolm Turnbull Wentworth No
Bert Van Manen Forde No
Ross Vasta Bonner No
Andrew Wallace Fisher No
Lucy Wicks Robertson No
Rick Wilson O'Connor No
Tim Wilson Goldstein No
Jason Wood La Trobe No
Ken Wyatt Hasluck No
Trent Zimmerman North Sydney No
Chris Crewther Dunkley Absent
National Party (100% turnout) 0 Yes 15 No
Andrew Broad Mallee No
Darren Chester Gippsland No
George Christensen Dawson No
Damian Drum Murray No
Andrew Gee Calare No
David Gillespie Lyne No
Luke Hartsuyker Cowper No
Kevin Hogan Page No
Barnaby Joyce New England No
Michelle Landry Capricornia No
David Littleproud Maranoa No
Michael McCormack Riverina No
Llew O'Brien Wide Bay No
Ken O'Dowd Flynn No
Keith Pitt Hinkler No
Rebekha Sharkie Mayo Nick Xenophon Team Yes
Tony Smith Casey Speaker No
Totals (99% turnout) 73 Yes – 74 No