edited
7th Oct 2014
Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 - Second Reading - Coalition's policies
Not passed by a small majority
No rebellions 93% attendance
16th Aug 2012, 10:17 PM – Senate Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 - In Committee - Sunset clause
Summary
EditThe majority voted in favour of an amendment introduced by Greens Senator Sarah Hanson-Young.
The amendment was: (a) the amendments (including any repeals) made by this Act have effect only for a period of 24 months from the commencement of this Act; and (b) any Act amended by this Act has effect after that period of 24 months as if the amendments had not been made.
In other words, this amendment puts a sunset clause on the amendments introduced by this bill.
Background to the bill
This bill was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship () HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here.)
To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island, and alters the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.
References
Votes Not passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 9 Yes – 0 No | |
| Richard Di Natale Victoria | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Scott Ludlam WA | Yes | |
| Christine Milne Tasmania | Yes | |
| Lee Rhiannon NSW | Yes | |
| Rachel Siewert WA | Yes | |
| Larissa Waters Queensland | Yes | |
| Peter Whish-Wilson Tasmania | Yes | |
| Penny Wright SA | Yes | |
| Australian Labor Party (77% turnout) | 0 Yes – 23 No | |
| Mark Bishop WA | No | |
| Doug Cameron NSW | No | |
| Kim Carr Victoria | No | |
| Stephen Conroy Victoria | No | |
| Trish Crossin NT | No | |
| Chris Evans WA | No | |
| John Faulkner NSW | No | |
| David Feeney Victoria | No | |
| Mark Furner Queensland | No | |
| Alex Gallacher SA | No | |
| Kate Lundy ACT | No | |
| Gavin Marshall Victoria | No | |
| Anne McEwen SA | No | |
| Claire Moore Queensland | No | |
| Helen Polley Tasmania | No | |
| Louise Pratt WA | No | |
| Lisa Singh Tasmania | No | |
| Ursula Stephens NSW | No | |
| Glenn Sterle WA | No | |
| Matt Thistlethwaite NSW | No | |
| Lin Thorp Tasmania | No | |
| Anne Urquhart Tasmania | No | |
| Penny Wong SA | No | |
| Catryna Bilyk Tasmania | Absent | |
| Carol Brown Tasmania | Absent | |
| Bob Carr NSW | Absent | |
| Jacinta Collins Victoria | Absent | |
| Don Farrell SA | Absent | |
| Joe Ludwig Queensland | Absent | |
| Jan McLucas Queensland | Absent | |
| Nigel Scullion NT Country Liberal Party | Absent | |
| John Madigan Victoria Democratic Labor Party | No | |
| Stephen Parry Tasmania Deputy President | No | |
| Nick Xenophon SA Independent | No | |
| Liberal Party (38% turnout) | 0 Yes – 10 No | |
| Eric Abetz Tasmania | No | |
| Christopher Back WA | No | |
| Sue Boyce Queensland | No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Sean Edwards SA | No | |
| David Johnston WA | No | |
| Helen Kroger Victoria | No | |
| Arthur Sinodinos NSW | No | |
| Dean Smith WA | No | |
| Cory Bernardi SA | Absent | |
| Simon Birmingham SA | Absent | |
| George Brandis Queensland | Absent | |
| David Bushby Tasmania | Absent | |
| Mathias Cormann WA | Absent | |
| Alan Eggleston WA | Absent | |
| David Fawcett SA | Absent | |
| Concetta Fierravanti-Wells NSW | Absent | |
| Mitch Fifield Victoria | Absent | |
| Bill Heffernan NSW | Absent | |
| Gary Humphries ACT | Absent | |
| Ian Macdonald Queensland | Absent | |
| Brett Mason Queensland | Absent | |
| Marise Payne NSW | Absent | |
| Michael Ronaldson Victoria | Absent | |
| Scott Ryan Victoria | Absent | |
| National Party (80% turnout) | 0 Yes – 4 No | |
| Ron Boswell Queensland | No | |
| Bridget McKenzie Victoria | No | |
| Fiona Nash NSW | No | |
| John Williams NSW | No | |
| Barnaby Joyce Queensland | Absent | |
| John Hogg Queensland President | No | |
| Totals (67% turnout) | 9 Yes – 41 No |
Turnout is the percentage of members eligible to vote that did vote.