edited
7th Oct 2014
Trade Practices Amendment (Australian Consumer Law) Bill 2009 — In Committee - Sending private information offshore
Not passed by a modest majority
No rebellions 41% attendance
16th Mar 2010, 6:45 PM – Senate Trade Practices Amendment (Australian Consumer Law) Bill 2009 — In Committee — Additional fees for payment in person or in cash
Summary
EditThe majority voted against an amendment introduced by Independent Senator Nick Xenophon, which means that it was rejected.
Senator Xenophon explained that "[u]nder this amendment it will be considered an unfair contract term if businesses charge customers additional fees for paying bills in person or with cash - with legal tender".(Read Senator Xenophon's whole explanation of the amendment and the associated debate here, after 6:27 pm. )
Background to the bill
The bill was introduced in response to an inquiry by the Productivity Commission into the consumer policy framework and a subsequent government consultation.(Read about that inquiry and the subsequent government consultation in the bills digest. ) It is the first of two bills to implement a national consumer law regime, to be called the Australian Consumer Law. This first bill will set the ground work for the regime and will only introduce the provisions about unfair contract terms, which are terms "that disadvantage one party but that are not reasonably necessary to protect the legitimate interests of the other".(More information about this bill and its soon-to-be-introduced counterpart can be found in the bills digest.)
The second bill, which has not yet been introduced, will implement the bulk of the Australian Consumer Law reforms.
Votes Not passed by a large majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 5 Yes – 0 No | |
| Bob Brown Tasmania | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Scott Ludlam WA | Yes | |
| Christine Milne Tasmania | Yes | |
| Rachel Siewert WA | Yes | |
| Australian Labor Party (74% turnout) | 0 Yes – 23 No | |
| Catryna Bilyk Tasmania | No | |
| Mark Bishop WA | No | |
| Carol Brown Tasmania | No | |
| Doug Cameron NSW | No | |
| Jacinta Collins Victoria | No | |
| Stephen Conroy Victoria | No | |
| Trish Crossin NT | No | |
| Chris Evans WA | No | |
| Don Farrell SA | No | |
| David Feeney Victoria | No | |
| Michael Forshaw NSW | No | |
| Mark Furner Queensland | No | |
| Annette Hurley 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 | |
| Louise Pratt WA | No | |
| Ursula Stephens NSW | No | |
| Glenn Sterle WA | No | |
| Mark Arbib NSW | Absent | |
| Kim Carr Victoria | Absent | |
| John Faulkner NSW | Absent | |
| Steve Hutchins NSW | Absent | |
| Kate Lundy ACT | Absent | |
| Nick Sherry Tasmania | Absent | |
| Penny Wong SA | Absent | |
| Dana Wortley SA | Absent | |
| Nigel Scullion NT Country Liberal Party | Absent | |
| Alan Ferguson SA Deputy President | Absent | |
| Steve Fielding Victoria Family First Party | Yes | |
| Nick Xenophon SA Independent | Yes | |
| Liberal Party (27% turnout) | 0 Yes – 8 No | |
| Christopher Back WA | No | |
| Guy Barnett Tasmania | No | |
| Cory Bernardi SA | No | |
| Simon Birmingham SA | No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Stephen Parry Tasmania | No | |
| Judith Troeth Victoria | No | |
| Eric Abetz Tasmania | Absent | |
| Judith Adams WA | Absent | |
| Sue Boyce Queensland | Absent | |
| George Brandis Queensland | Absent | |
| David Bushby Tasmania | Absent | |
| Helen Coonan NSW | Absent | |
| Mathias Cormann WA | Absent | |
| Alan Eggleston WA | Absent | |
| Concetta Fierravanti-Wells NSW | Absent | |
| Mitch Fifield Victoria | Absent | |
| Mary Fisher SA | Absent | |
| Bill Heffernan NSW | Absent | |
| Gary Humphries ACT | Absent | |
| David Johnston WA | Absent | |
| Helen Kroger Victoria | Absent | |
| Ian Macdonald Queensland | Absent | |
| Brett Mason Queensland | Absent | |
| Nick Minchin SA | Absent | |
| Marise Payne NSW | Absent | |
| Michael Ronaldson Victoria | Absent | |
| Scott Ryan Victoria | Absent | |
| Russell Trood Queensland | Absent | |
| National Party (80% turnout) | 0 Yes – 4 No | |
| Ron Boswell Queensland | No | |
| Barnaby Joyce Queensland | No | |
| Julian McGauran Victoria | No | |
| John Williams NSW | No | |
| Fiona Nash NSW | Absent | |
| John Hogg Queensland President | No | |
| Totals (57% turnout) | 7 Yes – 36 No |
Turnout is the percentage of members eligible to vote that did vote.