Summary

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An equal number of senators voted in favour of and against a motion moved by Senator Mitch Fifield, which means that the motion was not successful because a majority was not reached.

Senator Fifield's motion was: That these bills be considered urgent bills:

  • Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 [No. 2]
  • True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2013 [No. 2]
  • True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2013 [No. 2]
  • Customs Tariff Amendment (Carbon Tax Repeal) Bill 2013 [No. 2]
  • Excise Tariff Amendment (Carbon Tax Repeal) Bill 2013 [No. 2]
  • Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2013 [No.2]
  • Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2013 [No. 2]
  • Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2013 [No.2]
  • Clean Energy (Income Tax Rates and Other Amendments) Bill 2013 [No. 2]

Background to the bills

The Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 (No. 2) and related bills were introduced to remove the carbon pricing mechanism, which was introduced by the Australian Labor Party while in government. The Coalition described the mechanism as a “carbon tax” and removing it was a key policy platform during the 2013 election.(You can read more about the Coalition's policy to remove the carbon price here. )

The carbon pricing mechanism commenced on 1 July 2012.(For more information on the carbon pricing mechanism and how it works, please see the Clean Energy Regulator’s website. ) It is an emissions trading scheme that puts a price on carbon emissions. It applies to “liable entities” (a group that includes companies that emit a high level of greenhouse gases). Initially the price of carbon is fixed by the mechanism but from 1 July 2015 the price will be set by the market, though the Labor Government did announce plans to bring this forward to 1 July 2014 just before they were defeated by the Coalition in the 2013 election.

This is the second time that this package of bills has been introduced, after they were rejected in the Senate during the third reading stage the first time round.(See that division here.)

The other related bills that were introduced along with the Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 (No. 2) are:

Votes Not passed

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 10 No
Richard Di Natale Victoria No
Sarah Hanson-Young SA No
Scott Ludlam WA No
Christine Milne Tasmania No
Lee Rhiannon NSW No
Janet Rice Victoria No
Rachel Siewert WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Penny Wright SA No
Australian Labor Party (92% turnout) 0 Yes 22 No
Carol Brown Tasmania No
Joe Bullock WA No
Doug Cameron NSW No
Kim Carr Victoria No
Jacinta Collins Victoria No
Stephen Conroy Victoria No
Sam Dastyari NSW No
John Faulkner NSW No
Chris Ketter Queensland No
Sue Lines WA No
Joe Ludwig Queensland No
Kate Lundy ACT No
Anne McEwen SA No
Jan McLucas Queensland No
Claire Moore Queensland No
Deborah O'Neill NSW No
Nova Peris NT No
Helen Polley Tasmania No
Lisa Singh Tasmania No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Penny Wong SA No
Catryna Bilyk Tasmania Absent
Alex Gallacher SA Absent
Ricky Muir Victoria Australian Motoring Enthusiast Party No
Nigel Scullion NT Country Liberal Party Yes
John Madigan Victoria Democratic Labor Party No
Gavin Marshall Victoria Deputy President No
Bob Day SA Family First Party Yes
Nick Xenophon SA Independent No
David Leyonhjelm NSW Liberal Democratic Party Yes
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (92% turnout) 23 Yes 0 No
Eric Abetz Tasmania Yes
Christopher Back WA Yes
Cory Bernardi SA Yes
Simon Birmingham SA Yes
David Bushby Tasmania Yes
Michaelia Cash WA Yes
Richard Colbeck Tasmania Yes
Mathias Cormann WA Yes
Sean Edwards SA Yes
David Fawcett SA Yes
Concetta Fierravanti-Wells NSW Yes
Mitch Fifield Victoria Yes
Bill Heffernan NSW Yes
David Johnston WA Yes
Ian Macdonald Queensland Yes
Brett Mason Queensland Yes
Marise Payne NSW Yes
Linda Reynolds WA Yes
Michael Ronaldson Victoria Yes
Anne Ruston SA Yes
Zed Seselja ACT Yes
Arthur Sinodinos NSW Yes
Dean Smith WA Yes
George Brandis Queensland Absent
Scott Ryan Victoria Absent
National Party (100% turnout) 4 Yes 0 No
Bridget McKenzie Victoria Yes
Fiona Nash NSW Yes
Barry O'Sullivan Queensland Yes
John Williams NSW Yes
Palmer United Party (100% turnout) 3 Yes 0 No
Jacqui Lambie Tasmania Yes
Glenn Lazarus Queensland Yes
Dio Wang WA Yes
Stephen Parry Tasmania President Yes
Totals (95% turnout) 36 Yes – 36 No