Summary

Edit

The majority voted against two Greens amendments that were introduced by Senator Sarah Hanson-Young (SA).

What do the amendments do?

Senator Hanson-Young explained that the amendments related "to stopping children that are here in Australia being sent to Nauru for further detention". They also required children already in regional detention to be returned to Australia "as soon as reasonably practicable" (see full text below).

Amendment text

Amendment (1) from sheet 7738:

(1) Clause 2, page 2, at the end of the table, add:

3. Schedule 2 The day after this Act receives the Royal Assent.

Amendment (7) from sheet 7738:

(7) Page 4 (after line 5), at the end of the Bill, add:

Schedule 2—Detention of vulnerable persons

Migration Act 1958

1 Subsection 198AD(1)

Omit "sections 198AE, 198AF and 198AG", substitute "sections 198AE, 198AF, 198AG and 198AGA".

2 After section 198AG

Insert:

198AGA Vulnerable persons

(1) Section 198AD does not apply to an unauthorised maritime arrival if the person is a vulnerable person for the purpose of subsection (2).

(2) A person is a vulnerable person for the purpose of this subsection if:

(a) the person is aged under 18; or

(b) the person is the parent or guardian (or other family member) of a person covered by paragraph (a).

3 Application

The amendments to the Migration Act 1958 made by this Schedule apply in relation to an unauthorised maritime arrival on or after the day on which this Schedule commences.

4 Transitional—vulnerable persons transferred before Royal Assent

(1) This item applies to a person if:

(a) the person was an unauthorised maritime arrival at any time on or after 13 August 2012; and

(b) the person was taken from Australia to a regional processing country in accordance with subsection 198AD(2) of the Migration Act 1958; and

(c) at the time the person was taken to the regional processing country the person was:

(i) aged under 18; or

(ii) the parent or guardian (or other family member) of a person covered by subparagraph (i); and

(d) on the day this Act receives the Royal Assent, the person is:

(i) aged under 18; or

(ii) the parent or guardian (or other family member) of a person covered by subparagraph (i).

(2) As soon as reasonably practicable, an officer must ensure the person is removed from the regional processing country and returned to Australia.

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 (54% turnout) 0 Yes 13 No
Catryna Bilyk Tasmania No
Joe Bullock WA No
Doug Cameron NSW No
Kim Carr Victoria No
Alex Gallacher SA No
Katy Gallagher ACT No
Chris Ketter Queensland No
Sue Lines WA No
Joe Ludwig Queensland No
Jan McLucas Queensland No
Deborah O'Neill NSW No
Nova Peris NT No
Glenn Sterle WA No
Carol Brown Tasmania Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Sam Dastyari NSW Absent
Jenny McAllister NSW Absent
Anne McEwen SA Absent
Claire Moore Queensland Absent
Helen Polley Tasmania Absent
Lisa Singh Tasmania Absent
Anne Urquhart Tasmania Absent
Penny Wong SA Absent
Ricky Muir Victoria Australian Motoring Enthusiast Party Yes
Nigel Scullion NT Country Liberal Party Absent
Gavin Marshall Victoria Deputy President No
Bob Day SA Family First Party Absent
Glenn Lazarus Queensland Independent Yes
John Madigan Victoria Independent Yes
Jacqui Lambie Tasmania Independent Absent
Nick Xenophon SA Independent Absent
David Leyonhjelm NSW Liberal Democratic Party Absent
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (56% turnout) 0 Yes 14 No
Christopher Back WA No
Cory Bernardi SA No
Simon Birmingham SA No
George Brandis Queensland No
David Bushby Tasmania No
Sean Edwards SA No
David Fawcett SA No
Mitch Fifield Victoria No
Bill Heffernan NSW No
Jo Lindgren Queensland No
Michael Ronaldson Victoria No
Anne Ruston SA No
Scott Ryan Victoria No
Dean Smith WA No
Eric Abetz Tasmania Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Mathias Cormann WA Absent
Concetta Fierravanti-Wells NSW Absent
David Johnston WA Absent
Ian Macdonald Queensland Absent
Marise Payne NSW Absent
Linda Reynolds WA Absent
Zed Seselja ACT Absent
Arthur Sinodinos NSW Absent
National Party (75% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Fiona Nash NSW Absent
Dio Wang WA Palmer United Party No
Stephen Parry Tasmania President Absent
Totals (62% turnout) 13 Yes – 34 No