The majority voted against an amendment introduced by Australian Democrats Senator Andrew Bartlett.

What was the amendment about?

The amendment would have removed "the one per cent cap on licence fees involving the broadcast of sound recordings" for all radio stations except those that hold a community radio broadcasting licence (read Senator Bartlett's explanation for more information).

Wording of the amendment

(1) Schedule 1, page 37 (after line 12), after item 12, insert:

12A Subsection 152(1) (after the definition of broadcasting)


community radio broadcasting licence means a community broadcasting licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder of the licence to broadcast radio programs.

(2) Schedule 1, page 37 (after line 12), after item 12, insert:

12B Subsection 152(8)

Repeal the subsection, substitute:

(8) The Tribunal must not make an order that would require a broadcaster who is the holder of a community radio broadcasting licence to pay, in respect of the broadcasting of published sound recordings during the period covered by the order, an amount exceeding 1% of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period covered by the order that ended on the last 30 June that occurred before the period covered by the order.

(3) Schedule 1, page 37 (after line 12), after item 12, insert:

12C Subsection 152(9)

Repeal the subsection, substitute:

(9) If a broadcaster that is the holder of a licence referred to in subsection (8) has, with the permission of the Australian Broadcasting Authority, adopted an accounting period ending on a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to the broadcaster, a reference to that other day.

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Democrats (75% turnout) 3 Yes 0 No
Lyn Allison Victoria Yes
Andrew Bartlett Queensland Yes
Andrew Murray WA Yes
Natasha Stott Despoja SA Absent
Australian Greens (50% turnout) 2 Yes 0 No
Kerry Nettle NSW Yes
Rachel Siewert WA Yes
Bob Brown Tasmania Absent
Christine Milne Tasmania Absent
Australian Labor Party (70% turnout) 0 Yes 19 No
Mark Bishop WA No
Carol Brown Tasmania No
Kim Carr Victoria No
Trish Crossin NT No
Chris Evans WA No
John Faulkner NSW No
Michael Forshaw NSW No
Linda Kirk SA No
Joe Ludwig Queensland No
Kate Lundy ACT No
Gavin Marshall Victoria No
Anne McEwen SA No
Jan McLucas Queensland No
Claire Moore Queensland No
Helen Polley Tasmania No
Nick Sherry Tasmania No
Ursula Stephens NSW No
Ruth Webber WA No
Penny Wong SA No
George Campbell NSW Absent
Stephen Conroy Victoria Absent
Annette Hurley SA Absent
Steve Hutchins NSW Absent
Kerry O'Brien Tasmania Absent
Robert Ray Victoria Absent
Glenn Sterle WA Absent
Dana Wortley SA Absent
Nigel Scullion NT Country Liberal Party No
John Hogg Queensland Deputy President No
Steve Fielding Victoria Family First Party No
Liberal Party (72% turnout) 0 Yes 23 No
Judith Adams WA No
Guy Barnett Tasmania No
Cory Bernardi SA No
George Brandis Queensland No
Grant Chapman SA No
Richard Colbeck Tasmania No
Alan Eggleston WA No
Chris Ellison WA No
Alan Ferguson SA No
Jeannie Ferris SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Bill Heffernan NSW No
Gary Humphries ACT No
David Johnston WA No
Rod Kemp Victoria No
Ross Lightfoot WA No
Ian Macdonald Queensland No
Stephen Parry Tasmania No
Marise Payne NSW No
Judith Troeth Victoria No
Russell Trood Queensland No
John Watson Tasmania No
Eric Abetz Tasmania Absent
Ian Campbell WA Absent
Helen Coonan NSW Absent
Brett Mason Queensland Absent
Nick Minchin SA Absent
Kay Patterson Victoria Absent
Michael Ronaldson Victoria Absent
Santo Santoro Queensland Absent
Amanda Vanstone SA Absent
National Party (60% turnout) 0 Yes 3 No
Barnaby Joyce Queensland No
Julian McGauran Victoria No
Fiona Nash NSW No
Ron Boswell Queensland Absent
Sandy Macdonald NSW Absent
Paul Calvert Tasmania President No
Totals (71% turnout) 5 Yes – 49 No