The majority voted in favour of a motion that schedule 3 stand as printed. This means that the majority agree with the schedule and want it to remain unchanged. This motion was put in response to an Australian Democrats amendment to oppose the amended schedule, which was introduced by Senator Natasha Stott Despoja.

Schedule 3 relates to equipment based interception. Its purpose is "to enable interception agencies to intercept communications to and from identified devices such as mobile handsets and computer terminals".(Read more about B-party interceptions in the bills digest. ) For example, this schedule would allow an authority to intercept all communications made through a particular mobile handset rather than having to speak permission to intercept communications through each new SIM card used in that mobile handset.

When explaining her opposition to this schedule, Senator Stott Despoja quoted a submission from Electronic Frontiers Australia, which said: "This proposal appears to have an inappropriately and unjustifiably high potential to result in interception of communications of persons who are not suspects (i.e. are not named in the warrant) because, among other things, the types of device numbers proposed to be used do not necessarily uniquely identify a particular device."(Read Senator Stott Despoja whole contribution here. )

Background to the bill

The bill was introduced to implement some of the recommendations of the Review of the Regulation of Access to Communications (known as the Blunn Report) in order to, among other things, create a warrant regime to allow access to stored communications held by a telecommunications carrier and enable the interception of communications of a person known to communicate with the person of interest.(Read more about the bill in its bills digest.)

Votes Passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Democrats (100% turnout) 0 Yes 4 No
Lyn Allison Victoria No
Andrew Bartlett Queensland No
Andrew Murray WA No
Natasha Stott Despoja SA No
Australian Greens (75% turnout) 0 Yes 3 No
Christine Milne Tasmania No
Kerry Nettle NSW No
Rachel Siewert WA No
Bob Brown Tasmania Absent
Australian Labor Party (67% turnout) 18 Yes 0 No
Mark Bishop WA Yes
George Campbell NSW Yes
Michael Forshaw NSW Yes
Annette Hurley SA Yes
Steve Hutchins NSW Yes
Joe Ludwig Queensland Yes
Kate Lundy ACT Yes
Gavin Marshall Victoria Yes
Anne McEwen SA Yes
Jan McLucas Queensland Yes
Claire Moore Queensland Yes
Kerry O'Brien Tasmania Yes
Helen Polley Tasmania Yes
Robert Ray Victoria Yes
Ursula Stephens NSW Yes
Ruth Webber WA Yes
Penny Wong SA Yes
Dana Wortley SA Yes
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Stephen Conroy Victoria Absent
Trish Crossin NT Absent
Chris Evans WA Absent
John Faulkner NSW Absent
Linda Kirk SA Absent
Nick Sherry Tasmania Absent
Glenn Sterle WA Absent
Nigel Scullion NT Country Liberal Party Yes
John Hogg Queensland Deputy President Yes
Steve Fielding Victoria Family First Party Absent
Liberal Party (71% turnout) 22 Yes 0 No
Judith Adams WA Yes
Guy Barnett Tasmania Yes
George Brandis Queensland Yes
Grant Chapman SA Yes
Richard Colbeck Tasmania Yes
Alan Eggleston WA Yes
Chris Ellison WA Yes
Jeannie Ferris SA Yes
Concetta Fierravanti-Wells NSW Yes
Mitch Fifield Victoria Yes
Gary Humphries ACT Yes
David Johnston WA Yes
Rod Kemp Victoria Yes
Ross Lightfoot WA Yes
Brett Mason Queensland Yes
Nick Minchin SA Yes
Stephen Parry Tasmania Yes
Kay Patterson Victoria Yes
Marise Payne NSW Yes
Michael Ronaldson Victoria Yes
Judith Troeth Victoria Yes
John Watson Tasmania Yes
Eric Abetz Tasmania Absent
Ian Campbell WA Absent
Helen Coonan NSW Absent
Alan Ferguson SA Absent
Bill Heffernan NSW Absent
Ian Macdonald Queensland Absent
Santo Santoro Queensland Absent
Russell Trood Queensland Absent
Amanda Vanstone SA Absent
National Party (60% turnout) 3 Yes 0 No
Sandy Macdonald NSW Yes
Julian McGauran Victoria Yes
Fiona Nash NSW Yes
Ron Boswell Queensland Absent
Barnaby Joyce Queensland Absent
Paul Calvert Tasmania President Yes
Totals (71% turnout) 46 Yes – 7 No