Summary

Edit

The majority disagreed with a series of Greens amendments that proposed to change a lot of the bill's provisions. For example, they wanted to include more exceptions into the offence of entering and staying in a declared area and give judges more room to interpret what a legitimate purpose to be in those areas would be.

The amendments are known as "amendments numbers (1) to (3) and (20) to (24) on sheet 7594, and amendments (1) to (3) on sheet 7598, and amendments (1) to (8) on sheet 7599".

Enter or stay in declared area offence

The bill will make it an offence for someone to enter or stay in an area that the Minister for Foreign Affairs declares as a declared area. A whole country can be a declared area, which was criticised by the Joint Parliamentary Committee on Intelligence and Security.

The current exceptions to this offence (in proposed subsection 119.2(3)) include when a person is involved in:

  • humanitarian aid (but this has to be the sole act),
  • a court case,
  • work for an Australian government (state or federal),
  • work for a foreign government (so long as it's not violating Australian law),
  • work for the United Nations,
  • journalism, and
  • visiting a family member.

Read more about this new offence in the bills digest.

Background to the bill

A number of incidents happened before and after this bill's introduction. There was one of the biggest counter-terrorism operations in Australian history. The Prime Minister Tony Abbott also confirmed that Australia would be sending the military to Iraq to fight the Islamic State (IS) (also known as the Islamic State of Iraq and Syria (ISIS) or the Islamic State of Iraq and the Levant (ISIL)).

Two particularly significant incidents were when:

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 10 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
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Penny Wright SA Yes
Australian Labor Party (58% turnout) 0 Yes 14 No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Joe Bullock WA No
Doug Cameron NSW No
Kim Carr Victoria No
Jacinta Collins Victoria No
Alex Gallacher SA No
Chris Ketter Queensland No
Sue Lines WA No
Kate Lundy ACT No
Deborah O'Neill NSW No
Helen Polley Tasmania No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Stephen Conroy Victoria Absent
Sam Dastyari NSW Absent
John Faulkner NSW Absent
Joe Ludwig Queensland Absent
Anne McEwen SA Absent
Jan McLucas Queensland Absent
Claire Moore Queensland Absent
Nova Peris NT Absent
Lisa Singh Tasmania Absent
Penny Wong SA Absent
Ricky Muir Victoria Australian Motoring Enthusiast Party No
Nigel Scullion NT Country Liberal Party No
John Madigan Victoria Democratic Labor Party No
Gavin Marshall Victoria Deputy President No
Bob Day SA Family First Party No
Nick Xenophon SA Independent No
John Madigan Victoria Independent Absent
David Leyonhjelm NSW Liberal Democratic Party Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (64% turnout) 0 Yes 16 No
Christopher Back WA No
Cory Bernardi SA No
Simon Birmingham SA No
George Brandis Queensland No
David Bushby Tasmania No
Richard Colbeck Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Bill Heffernan NSW No
Ian Macdonald Queensland No
Marise Payne NSW No
Anne Ruston SA No
Zed Seselja ACT No
Arthur Sinodinos NSW No
Dean Smith WA No
Eric Abetz Tasmania Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
Sean Edwards SA Absent
David Johnston WA Absent
Brett Mason Queensland Absent
Linda Reynolds WA Absent
Michael Ronaldson Victoria Absent
Scott Ryan Victoria Absent
National Party (50% turnout) 0 Yes 2 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
Fiona Nash NSW Absent
John Williams NSW Absent
Palmer United Party (100% turnout) 0 Yes 3 No
Jacqui Lambie Tasmania No
Glenn Lazarus Queensland No
Dio Wang WA No
Stephen Parry Tasmania President Absent
Totals (71% turnout) 11 Yes – 43 No