The majority voted in favour of the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time. They can now discuss the bill in more detail.

Main idea of the bill

According to the bills digest, the bill will:

... establish a scheme for the continuing detention of terrorist offenders who are considered to pose an unacceptable risk of committing certain serious terrorism offences if released into the community at the end of their custodial sentence. The scheme will establish a Continuing Detention Order, made by application to the Supreme Court of a state or territory.

The bills digest also noted that "[t]he proposed Bill is not definitively constitutionally sound". In other words, the Parliament may not actually have the power to make laws like this under the Australian Constitution as Continuing Detention Orders may go against parts of the Constitution. In particular, the bills digest raises the following issues:

whether preventative detention is a non-judicial function that cannot be vested in a Chapter III court

whether a person can be validly detained for the risk of future criminal acts, rather than as a punishment for previous criminal acts — this point of debate is valid for both the scheme proposed in the Bill as well as the existing Preventative Detention Order regime, which has also not yet been considered by the High Court

whether the proposed scheme is valid in so far as it results in the incarceration of people following the issue of an order that may be considered to lack fair process, particularly because the person who is the subject of the continuing detention order is not able to respond to all evidence that a court might consider

apparent limitations on the ability of the court to consider alternatives to continuing detention.

Votes Passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Greens (89% turnout) 0 Yes 8 No
Richard Di Natale Victoria No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Lee Rhiannon NSW No
Janet Rice Victoria No
Rachel Siewert WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Scott Ludlam WA Absent
Australian Labor Party (68% turnout) 17 Yes 0 No
Catryna Bilyk Tasmania Yes
Doug Cameron NSW Yes
Anthony Chisholm Queensland Yes
Patrick Dodson WA Yes
Don Farrell SA Yes
Alex Gallacher SA Yes
Katy Gallagher ACT Yes
Chris Ketter Queensland Yes
Kimberley Kitching Victoria Yes
Sue Lines WA Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Claire Moore Queensland Yes
Deborah O'Neill NSW Yes
Louise Pratt WA Yes
Glenn Sterle WA Yes
Murray Watt Queensland Yes
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Jacinta Collins Victoria Absent
Sam Dastyari NSW Absent
Gavin Marshall Victoria Absent
Helen Polley Tasmania Absent
Lisa Singh Tasmania Absent
Anne Urquhart Tasmania Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party Yes
Gavin Marshall Victoria Deputy President Yes
Sue Lines WA Deputy President Absent
Jacqui Lambie Tasmania Independent Yes
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (50% turnout) 1 Yes 0 No
James McGrath Queensland Yes
Matthew Canavan Queensland Absent
Liberal Party (68% turnout) 15 Yes 0 No
Christopher Back WA Yes
Simon Birmingham SA Yes
George Brandis Queensland Yes
David Bushby Tasmania Yes
Michaelia Cash WA Yes
Mathias Cormann WA Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Jane Hume Victoria Yes
James Paterson Victoria Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Zed Seselja ACT Yes
Arthur Sinodinos NSW Yes
Dean Smith WA Yes
Eric Abetz Tasmania Absent
Cory Bernardi SA Absent
Concetta Fierravanti-Wells NSW Absent
Mitch Fifield Victoria Absent
Ian Macdonald Queensland Absent
Marise Payne NSW Absent
Scott Ryan Victoria Absent
National Party (75% turnout) 3 Yes 0 No
Bridget McKenzie Victoria Yes
Barry O'Sullivan Queensland Yes
John Williams NSW Yes
Fiona Nash NSW Absent
Nick Xenophon Team (100% turnout) 3 Yes 0 No
Stirling Griff SA Yes
Skye Kakoschke-Moore SA Yes
Nick Xenophon SA Yes
Pauline Hanson's One Nation Party (100% turnout) 4 Yes 0 No
Brian Burston NSW Yes
Rod Culleton WA Yes
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Stephen Parry Tasmania President Absent
Totals (73% turnout) 46 Yes – 9 No