Bills — Cybercrime Legislation Amendment Bill 2011; Second Reading
Not passed by a modest majority
No rebellions 47% attendance
22nd Aug 2012, 12:34 PM – Senate Cybercrime Legislation Amendment Bill 2011 - Third Reading - Pass the bill
Summary
EditThe majority agreed to pass the bill, with amendments. In parliamentary jargon, they agreed to give the bill a third reading.
The bill will now go back to the House of Representatives, where the Members of Parliament (MPs) will consider the amendments and decide whether they agree. If they do, the bill will be passed and become law.
What does this bill do?
The bill makes Australian legislation compliant with the Council of Europe Convention on Cybercrime requirements so that Australia can ratify the Convention, which promotes international cooperation and a coordinated approach to cybercrime.
The bills digest maps out the main issues related to the bill. For example, there are concerns that the bill doesn't explicitly recognise the dual criminality principle:
Under this principle it is argued that powers must not be granted in respect of behaviour that would not be a crime if performed in Australia. Australian citizens must be protected against abuse of their communications, their data and their freedoms in relation to conduct that is lawful within Australia.
Read more about this issue and others in the bills digest.
These issues are also discussed on ABC News as well as on Lateline.
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 (73% turnout) | 22 Yes – 0 No | |
| Mark Bishop WA | Yes | |
| Carol Brown Tasmania | Yes | |
| Jacinta Collins Victoria | Yes | |
| Trish Crossin NT | Yes | |
| Don Farrell SA | Yes | |
| David Feeney Victoria | Yes | |
| Mark Furner Queensland | Yes | |
| Alex Gallacher SA | Yes | |
| Joe Ludwig Queensland | Yes | |
| Kate Lundy ACT | 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 | |
| Lisa Singh Tasmania | Yes | |
| Ursula Stephens NSW | Yes | |
| Glenn Sterle WA | Yes | |
| Matt Thistlethwaite NSW | Yes | |
| Lin Thorp Tasmania | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Catryna Bilyk Tasmania | Absent | |
| Doug Cameron NSW | Absent | |
| Bob Carr NSW | Absent | |
| Kim Carr Victoria | Absent | |
| Stephen Conroy Victoria | Absent | |
| Chris Evans WA | Absent | |
| John Faulkner NSW | Absent | |
| Penny Wong SA | Absent | |
| Nigel Scullion NT Country Liberal Party | Absent | |
| John Madigan Victoria Democratic Labor Party | Yes | |
| Stephen Parry Tasmania Deputy President | Yes | |
| Nick Xenophon SA Independent | Absent | |
| Liberal Party (31% turnout) | 8 Yes – 0 No | |
| Christopher Back WA | Yes | |
| George Brandis Queensland | Yes | |
| David Bushby Tasmania | Yes | |
| Michaelia Cash WA | Yes | |
| Richard Colbeck Tasmania | Yes | |
| Sean Edwards SA | Yes | |
| Arthur Sinodinos NSW | Yes | |
| Dean Smith WA | Yes | |
| Eric Abetz Tasmania | Absent | |
| Cory Bernardi SA | Absent | |
| Simon Birmingham SA | Absent | |
| Sue Boyce Queensland | 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 | |
| Helen Kroger Victoria | Absent | |
| Ian Macdonald Queensland | Absent | |
| Brett Mason Queensland | Absent | |
| Marise Payne NSW | Absent | |
| Michael Ronaldson Victoria | Absent | |
| Scott Ryan Victoria | 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 (56% turnout) | 33 Yes – 9 No |
Turnout is the percentage of members eligible to vote that did vote.