The majority voted against a motion introduced by Greens Senator Scott Ludlam, which means it was rejected.

Motion text

That the Senate—

(a) notes that:

(i) cluster munitions are one of the most inhumane forms of weapons from a humanitarian, medical and ethical perspective,

(ii) as a 'legacy weapon' cluster munitions continue to kill and maim, affecting generations of people after conflict is over, meaning that survivors of war do not necessarily survive the peace,

(iii) during the Vietnam War, 280 million cluster bomblets were dropped on Laos, leaving at least 80 million unexploded cluster bombs in that country alone such that 37 years later, survivors are still being harmed and killed,

(iv) cluster bombs are still being used and produced internationally, with confirmed reports of their use against civilians in the Libyan conflict in April 2011,

(v) Australia is one of 108 countries that has signed the 2008 Convention on Cluster Munitions, and

(vi) by signing the convention, Australia undertook to never under any circumstances use cluster munitions, develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions, or assist, encourage or induce anyone to engage in any activity prohibited to a state party under this convention;

(b) acknowledges the bravery of 19 year old cluster bomb survivor Mr Soraj Ghulam Habib from Afghanistan and the work he is doing as an international advocate for peace and universal disarmament of cluster bombs; and

(c) calls on the Attorney-General to:

(i) urgently revise the Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010 to reflect the convention which states parties should never 'under any circumstances' engage in prohibited activities related to cluster munitions,

(ii) apply the convention's prohibitions on use in joint operations with non-states parties,

(iii) urgently revise the bill in relation to jurisdiction issues which explicitly allow foreign forces to use Australian territory to stockpile and transit cluster bombs,

(iv) honour our obligations under the convention to ban all forms of both direct and indirect investment in cluster munitions and which echoes calls from the Australian financial industry and the Australian Council of Super Investors, and

(v) honour our obligations under the convention to provide assistance to ensure adequate provision of care and rehabilitation for victims of cluster munitions, clearance of contaminated areas, education and destruction of stockpiles.

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 (61% turnout) 0 Yes 19 No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Doug Cameron NSW No
Jacinta Collins Victoria No
Trish Crossin NT No
Don Farrell SA No
John Faulkner NSW No
David Feeney Victoria No
Mark Furner Queensland No
Steve Hutchins NSW No
Joe Ludwig Queensland 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
Glenn Sterle WA No
Dana Wortley SA No
Mark Arbib NSW Absent
Mark Bishop WA Absent
Kim Carr Victoria Absent
Stephen Conroy Victoria Absent
Chris Evans WA Absent
Michael Forshaw NSW Absent
Annette Hurley SA Absent
Kate Lundy ACT Absent
Gavin Marshall Victoria Absent
Nick Sherry Tasmania Absent
Ursula Stephens NSW Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party No
Alan Ferguson SA Deputy President No
Steve Fielding Victoria Family First Party No
Nick Xenophon SA Independent Yes
Liberal Party (30% turnout) 0 Yes 9 No
Judith Adams WA No
David Bushby Tasmania No
Michaelia Cash WA No
Mitch Fifield Victoria No
David Johnston WA No
Helen Kroger Victoria No
Stephen Parry Tasmania No
Marise Payne NSW No
Judith Troeth Victoria No
Eric Abetz Tasmania Absent
Christopher Back WA Absent
Guy Barnett Tasmania Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
Sue Boyce Queensland Absent
George Brandis Queensland Absent
Richard Colbeck Tasmania Absent
Helen Coonan NSW Absent
Mathias Cormann WA Absent
Alan Eggleston WA Absent
Concetta Fierravanti-Wells NSW Absent
Mary Fisher SA Absent
Bill Heffernan NSW Absent
Gary Humphries ACT Absent
Ian Macdonald Queensland Absent
Brett Mason Queensland Absent
Nick Minchin SA Absent
Michael Ronaldson Victoria Absent
Scott Ryan Victoria Absent
Russell Trood Queensland Absent
National Party (20% turnout) 0 Yes 1 No
Julian McGauran Victoria No
Ron Boswell Queensland Absent
Barnaby Joyce Queensland Absent
Fiona Nash NSW Absent
John Williams NSW Absent
John Hogg Queensland President No
Totals (51% turnout) 6 Yes – 33 No