The majority voted against a motion introduced by Australian Democrats Senator Natasha Stott Despoja, which means that it was rejected.

The motion was:

(1) That a select committee, to be known as the Select Committee on Australia’s Anti-terrorism Laws be established to inquire into and report upon Australia’s anti-terrorism laws in light of the case of Dr Mohamed Haneef, including whether the laws which enabled the detention and charging of Dr Haneef:

(a) adequately safeguard Australian citizens from the threat of terrorism;

(b) reasonably and adequately define ‘terrorism’ and terrorism-related offences;

(c) provide reasonable and adequate guidance on matters of policy, practice and procedure to investigative and enforcement agencies, such as the Australian Federal Police;

(d) maintain an appropriate balance between the need to curtail individual freedoms in situations involving a terrorist threat and the fundamental civil liberties and human rights of Australian citizens;

(e) have affected fundamental principles of justice such as the presumption of innocence and habeus corpus, and the granting of bail;

(f) allow for periods of indefinite detention of suspects while being questioned or contain provisions allowing for periods of ‘dead time’ which require amendment or review;

(g) are in accordance with notions of procedural fairness and natural justice;

(h) contain or require provisions allowing parliamentary or judicial review;

(i) are compatible with Australia’s obligations under international law;

(j) interact appropriately with other powers of detention or deportation, for example immigration laws; and

(k) any other related matters pertaining to the operation of the laws.

(2) That the committee present its final report on or before 1 December 2007.

(3) That the committee consist of 9 senators, as follows:

(a) 4 to be nominated by the Leader of the Government in the Senate;

(b) 3 to be nominated by the Leader of the Opposition in the Senate; and

(c) 2 to be nominated by minority groups or independents.

(4) That the committee may proceed to the dispatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy.

(5) That the committee elect as chair one of the members nominated by the non-government parties in the Senate.

(6) That the chair of the committee may, from time to time, appoint another member of the committee to be the deputy chair of the committee, and that the member so appointed act as chair of the committee at any time when there is no chair or the chair is not present at a meeting of the committee.

(7) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.

(8) That the quorum of the committee be 5 members.

(9) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(10) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider, and that the quorum of a subcommittee be a majority of the senators appointed to the subcommittee.

(11) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(12) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Democrats (100% turnout) 4 Yes 0 No
Lyn Allison Victoria Yes
Andrew Bartlett Queensland Yes
Andrew Murray WA Yes
Natasha Stott Despoja SA Yes
Australian Greens (100% turnout) 4 Yes 0 No
Bob Brown Tasmania Yes
Christine Milne Tasmania Yes
Kerry Nettle NSW Yes
Rachel Siewert WA Yes
Australian Labor Party (81% turnout) 0 Yes 22 No
Mark Bishop WA No
Carol Brown Tasmania No
George Campbell NSW No
Kim Carr Victoria No
Trish Crossin NT No
John Faulkner NSW No
Michael Forshaw NSW No
Annette Hurley SA No
Steve Hutchins NSW No
Linda Kirk SA No
Joe Ludwig Queensland No
Gavin Marshall Victoria No
Anne McEwen SA No
Jan McLucas Queensland No
Claire Moore Queensland No
Kerry O'Brien Tasmania No
Helen Polley Tasmania No
Robert Ray Victoria No
Ursula Stephens NSW No
Glenn Sterle WA No
Ruth Webber WA No
Dana Wortley SA No
Stephen Conroy Victoria Absent
Chris Evans WA Absent
Kate Lundy ACT Absent
Nick Sherry Tasmania Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party No
John Hogg Queensland Deputy President No
Steve Fielding Victoria Family First Party Yes
Liberal Party (91% turnout) 0 Yes 29 No
Eric Abetz Tasmania No
Judith Adams WA No
Guy Barnett Tasmania No
Cory Bernardi SA No
Simon Birmingham SA No
Sue Boyce Queensland No
George Brandis Queensland No
Grant Chapman SA No
Richard Colbeck Tasmania No
Helen Coonan NSW No
Mathias Cormann WA No
Alan Eggleston WA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Mary Fisher SA No
Bill Heffernan NSW No
Gary Humphries ACT No
Rod Kemp Victoria No
Ross Lightfoot WA No
Ian Macdonald Queensland No
Brett Mason Queensland No
Nick Minchin SA No
Stephen Parry Tasmania No
Kay Patterson Victoria No
Marise Payne NSW No
Michael Ronaldson Victoria No
Judith Troeth Victoria No
Russell Trood Queensland No
John Watson Tasmania No
Chris Ellison WA Absent
Alan Ferguson SA Absent
David Johnston WA Absent
National Party (100% turnout) 0 Yes 5 No
Ron Boswell Queensland No
Barnaby Joyce Queensland No
Sandy Macdonald NSW No
Julian McGauran Victoria No
Fiona Nash NSW No
Paul Calvert Tasmania President No
Totals (89% turnout) 9 Yes – 59 No