The majority voted in favour of a motion to keep section 72.42 unchanged. In parliamentary jargon, they voted for that section to "stand as printed".

This vote was put after Greens Senator Scott Ludlam (WA) moved that it be opposed.

What is section 72.42?

In the original bill, section 72.42 is:

72.42 Defence—acts by military personnel of countries not party to Convention on Cluster Munitions

(1) Section 72.38 does not apply to the stockpiling, retention or transfer of a cluster munition that:

(a) is done by:

(i) a member of the armed forces of a foreign country that is not a party to the Convention on Cluster Munitions; or

(ii) a person who is connected with such forces as described in subsection (2) and is neither an Australian citizen nor a resident of Australia; and

(b) is done in connection with the use by those forces of any of the following in Australia in the course of military cooperation or operations with the Australian Defence Force:

(i) a base;

(ii) an aircraft of any part of those forces or an aircraft being commanded or piloted by a member of those forces in the course of his or her duties as such a member;

(iii) a ship of any part of those forces or a ship being operated or commanded by a member of those forces in the course of his or her duties as such a member.

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

(2) This subsection covers a person with any of the following connections with the armed forces of a foreign country that is not a party to the Convention on Cluster Munitions:

(a) the person is employed by, or in the service of, any of those forces;

(b) the person is serving with an organisation accompanying any of those forces;

(c) the person is attached to or accompanying those forces and is subject to the law of that country governing any of the armed forces of that country.

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.

Votes Passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 9 No
Richard Di Natale Victoria No
Sarah Hanson-Young SA No
Scott Ludlam WA No
Christine Milne Tasmania No
Lee Rhiannon NSW No
Rachel Siewert WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Penny Wright SA No
Australian Labor Party (57% turnout) 17 Yes 0 No
Carol Brown Tasmania Yes
Doug Cameron NSW Yes
Don Farrell SA Yes
John Faulkner NSW Yes
Mark Furner Queensland Yes
Alex Gallacher SA Yes
Joe Ludwig Queensland Yes
Gavin Marshall Victoria Yes
Anne McEwen SA Yes
Jan McLucas Queensland Yes
Claire Moore Queensland Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Glenn Sterle WA Yes
Matt Thistlethwaite NSW Yes
Lin Thorp Tasmania Yes
Anne Urquhart Tasmania Yes
Catryna Bilyk Tasmania Absent
Mark Bishop WA Absent
Bob Carr NSW Absent
Kim Carr Victoria Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Trish Crossin NT Absent
Chris Evans WA Absent
David Feeney Victoria Absent
Kate Lundy ACT Absent
Lisa Singh Tasmania Absent
Ursula Stephens NSW Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party Yes
John Madigan Victoria Democratic Labor Party Yes
Stephen Parry Tasmania Deputy President Yes
Nick Xenophon SA Independent No
Liberal Party (27% turnout) 7 Yes 0 No
Christopher Back WA Yes
Sue Boyce Queensland Yes
David Bushby Tasmania Yes
Michaelia Cash WA Yes
Sean Edwards SA Yes
Helen Kroger Victoria Yes
Dean Smith WA Yes
Eric Abetz Tasmania Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
George Brandis Queensland Absent
Richard Colbeck 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
David Johnston WA 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 (20% turnout) 1 Yes 0 No
Bridget McKenzie Victoria Yes
Ron Boswell Queensland Absent
Barnaby Joyce Queensland Absent
Fiona Nash NSW Absent
John Williams NSW Absent
John Hogg Queensland President Absent
Totals (51% turnout) 28 Yes – 10 No