Summary

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The majority voted against an amendment proposed by Greens Senator Hanson-Young, which would require that a new category of person be defined in the legislation. This category is 'vulnerable person' and would apply to a person aged under 18 years or a person who is the parent or guardian of someone aged under 18 years. This means that children and their parents or guardians would not be taken to regional processing facilities.

Someone who votes aye for this amendment supports these measures. The majority voted no to this amendment, so it was unsuccessful.

Background of the Bill

This bill was introduced in response to a report by the Expert Panel on Asylum Seekers, particularly Recommendation 14 which states that: "the Migration Act 1958 be amended so that arrival anywhere on Australia by irregular maritime means will not provide individuals with a different lawful status than those who arrive in an excise offshore place".(Read the full report here. )

By implementing this recommendation, the bill extends the excision regime that was introduced in 2001 following the Tampa affair. That regime provides that asylum seekers who arrive in Australia at excised offshore places are unable to apply for protection visas (in effect, refugee status under Australian law) unless the Minister for Immigration and Citizenship decides it is in the public interest that they do so. The effect of this bill will be to extend the excision provisions to the whole country.(More information on the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 is available on the bills digest (680 KB). Also see an ABC news report explaining the effect of this bill here.)

This means that all asylum seekers arriving by boat in either mainland Australia or an offshore Australian territory that has been excised are unable to apply for protection visas and will be sent to regional processing countries (currently Papua New Guinea and Nauru) for the processing of their refugee claims. The rationale behind this legislation is the need to discourage asylum seekers arriving in Australia by boat because of the dangers involved.

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 (60% turnout) 0 Yes 18 No
Catryna Bilyk Tasmania No
Doug Cameron NSW No
Jacinta Collins Victoria No
Trish Crossin NT No
Don Farrell SA No
David Feeney Victoria No
Alex Gallacher SA No
Joe Ludwig Queensland No
Kate Lundy ACT No
Anne McEwen SA No
Jan McLucas Queensland No
Claire Moore Queensland No
Louise Pratt WA No
Lisa Singh Tasmania No
Glenn Sterle WA No
Matt Thistlethwaite NSW No
Lin Thorp Tasmania No
Anne Urquhart Tasmania No
Mark Bishop WA Absent
Carol Brown Tasmania Absent
Bob Carr NSW Absent
Kim Carr Victoria Absent
Stephen Conroy Victoria Absent
John Faulkner NSW Absent
Mark Furner Queensland Absent
Sue Lines WA Absent
Gavin Marshall Victoria Absent
Helen Polley Tasmania Absent
Ursula Stephens 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 No
Nick Xenophon SA Independent Absent
Liberal Party (30% turnout) 0 Yes 8 No
Christopher Back WA No
Michaelia Cash WA No
Sean Edwards SA No
Mitch Fifield Victoria No
Bill Heffernan NSW No
Helen Kroger Victoria No
Anne Ruston SA No
Dean Smith WA No
Eric Abetz Tasmania Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
Sue Boyce Queensland Absent
George Brandis Queensland Absent
David Bushby Tasmania Absent
Richard Colbeck Tasmania Absent
Mathias Cormann WA Absent
Alan Eggleston WA Absent
David Fawcett SA Absent
Concetta Fierravanti-Wells 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) 0 Yes 1 No
Bridget McKenzie Victoria No
Ron Boswell Queensland Absent
Barnaby Joyce Queensland Absent
Fiona Nash NSW Absent
John Williams NSW Absent
John Hogg Queensland President Absent
Totals (50% turnout) 10 Yes – 28 No