The majority voted against an amendment introduced by Independent Senator Nick Xenophon, which means that it was unsuccessful.

Senator Xenophon explained that: "Currently, data, including credit card numbers, passport details, PINs, licence numbers, marital status, home address and employment details can be, and are, sent to offshore locations without a customer’s consent". This amendment, he said, "will require banking institutions to obtain written, informed consent from customers before their personal information can be transferred to a person outside Australia".(Read Senator Xenophon's full explanation of the amendment and the associated debate here, after 6:48 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 modest 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 (48% turnout) 0 Yes 15 No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Trish Crossin NT No
Chris Evans WA No
David Feeney Victoria 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
Helen Polley Tasmania No
Louise Pratt WA No
Ursula Stephens NSW No
Mark Arbib NSW Absent
Mark Bishop WA Absent
Doug Cameron NSW Absent
Kim Carr Victoria Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Don Farrell SA Absent
John Faulkner NSW Absent
Michael Forshaw NSW Absent
Steve Hutchins NSW Absent
Kate Lundy ACT Absent
Kerry O'Brien Tasmania Absent
Nick Sherry Tasmania Absent
Glenn Sterle WA 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 (20% turnout) 0 Yes 6 No
Judith Adams WA No
Guy Barnett Tasmania No
Simon Birmingham SA No
Richard Colbeck Tasmania No
Concetta Fierravanti-Wells NSW No
Stephen Parry Tasmania No
Eric Abetz Tasmania Absent
Christopher Back WA Absent
Cory Bernardi SA Absent
Sue Boyce Queensland Absent
George Brandis Queensland Absent
David Bushby Tasmania Absent
Michaelia Cash WA Absent
Helen Coonan NSW Absent
Mathias Cormann WA Absent
Alan Eggleston WA 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
Judith Troeth Victoria Absent
Russell Trood Queensland Absent
National Party (60% turnout) 0 Yes 3 No
Ron Boswell Queensland No
Barnaby Joyce Queensland No
John Williams NSW No
Julian McGauran Victoria Absent
Fiona Nash NSW Absent
John Hogg Queensland President Absent
Totals (41% turnout) 7 Yes – 24 No