The majority voted against an amendment introduced by Greens Senator Scott Ludlam (WA), which means it was unsuccessful.

What did this amendment do?

Senator Ludlam explained:

The section this amendment seeks to fix allows Australian troops to actively assist countries that have not signed up to the convention to deploy and use these munitions. This occurred in Iraq when the convention did not exist in 2003, and we have discussed that extensively.

What is this bill?

The bill will bring the Convention on Cluster Munitions into Australian law by, for example, creating offences in relation to cluster munitions and explosive bomblets.

Read more in the bills digest.

Amendment text

(5) Schedule 1, item 1, page 6 (lines 7 to 31), omit section 72.41, substitute:

72.41 Defence—participation by Australians in military cooperation with countries not party to Convention on Cluster Munitions

A person who is an Australian citizen, is a member of the Australian Defence Force or is performing services under a Commonwealth contract does not commit an offence against section 72.38 by merely participating in military cooperation or operations with a foreign country that is not a party to the Convention on Cluster Munitions.

Note 1: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3).

Note 2: The expression offence against section72.38 is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(2).

Note 3: This section relates to paragraphs 3 and 4 of Article 21 of the Convention on Cluster Munitions.

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
Carol Brown Tasmania No
Doug Cameron NSW No
Trish Crossin NT No
Don Farrell SA No
John Faulkner NSW No
David Feeney Victoria No
Mark Furner Queensland No
Alex Gallacher SA No
Joe Ludwig Queensland No
Kate Lundy ACT 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
Lisa Singh Tasmania No
Ursula Stephens NSW No
Glenn Sterle WA No
Matt Thistlethwaite NSW No
Lin Thorp Tasmania No
Anne Urquhart Tasmania No
Catryna Bilyk Tasmania Absent
Bob Carr NSW Absent
Kim Carr Victoria Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Chris Evans WA Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party No
John Madigan Victoria Democratic Labor Party No
Stephen Parry Tasmania Deputy President No
Nick Xenophon SA Independent Yes
Liberal Party (12% turnout) 0 Yes 3 No
David Bushby Tasmania No
Concetta Fierravanti-Wells NSW No
Dean Smith WA No
Eric Abetz Tasmania Absent
Christopher Back WA Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
Sue Boyce Queensland Absent
George Brandis Queensland Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Mathias Cormann WA Absent
Sean Edwards SA Absent
Alan Eggleston WA Absent
David Fawcett SA Absent
Mitch Fifield Victoria 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
Marise Payne NSW Absent
Michael Ronaldson Victoria Absent
Scott Ryan Victoria Absent
Arthur Sinodinos NSW Absent
National Party (40% turnout) 0 Yes 2 No
Bridget McKenzie Victoria No
John Williams NSW No
Ron Boswell Queensland Absent
Barnaby Joyce Queensland Absent
Fiona Nash NSW Absent
John Hogg Queensland President Absent
Totals (55% turnout) 10 Yes – 31 No