Summary

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The majority voted against an amendment introduced by Senator Nick Xenophon (SA), which means it was unsuccessful.

There was one rebel voter in this division: Liberal Senator Ian Macdonald (Qld). Senator Macdonald voted Yes against the majority of the Liberal Party. Voting against your own party is know as crossing the floor.

What was the amendment?

Senator Xenophon explained that:

This amendment provides for a loading. Then, if you breach the rules, if you make a claim for a payment that you should not have made, you are liable to pay at least double the amount to which the section applies ...

... In other words, if you are a repeat offender, you pay more, just like other laws that are enforced, whether it is traffic offences or other offences. If you are a repeat offender, you should pay more ...

...The current penalty of a 25 per cent loading is akin to being slapped with a piece of wet lettuce leaf. It is not effective. There is nothing like a financial penalty, given human nature, to keep people on their toes to make sure they comply. That is why this amendment is so important.

Amendment text

(1) Schedule 2, item 7, page 23 (lines 31 to 33), omit subsection 10C(4), substitute:

(4) The recipient is liable to pay the Commonwealth, by way of penalty for the contravention of section 7A (the current contravention), an amount equal to:

(a) if the recipient has not contravened that section, or has contravened that section once, during the period of 12 months immediately preceding the day on which the claim to which the current contravention relates is made—200% of the amount to which this section applies; or

(b) if the recipient has contravened that section 2 or more times during the period of 12 months immediately preceding the day on which the claim to which the current contravention relates is made—400% of the amount to which this section applies.

Votes Not passed by a modest majority

There was 1 rebellion in this division.

  • Ian Macdonald voted Yes against the majority of the Liberal Party.
Party Votes
Cory Bernardi SA Australian Conservatives Absent
Australian Greens (89% turnout) 8 Yes 0 No
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Scott Ludlam WA Yes
Nick McKim Tasmania Yes
Lee Rhiannon NSW Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Peter Whish-Wilson Tasmania Yes
Larissa Waters Queensland Absent
Australian Labor Party (36% turnout) 0 Yes 9 No
Don Farrell SA No
Alex Gallacher SA No
Katy Gallagher ACT No
Chris Ketter Queensland No
Sue Lines WA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Claire Moore Queensland No
Louise Pratt WA No
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Doug Cameron NSW Absent
Kim Carr Victoria Absent
Anthony Chisholm Queensland Absent
Jacinta Collins Victoria Absent
Sam Dastyari NSW Absent
Patrick Dodson WA Absent
Kimberley Kitching Victoria Absent
Gavin Marshall Victoria Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Lisa Singh Tasmania Absent
Glenn Sterle WA Absent
Anne Urquhart Tasmania Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party Absent
Sue Lines WA Deputy President Absent
Jacqui Lambie Tasmania 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 (62% turnout) 1 Yes 12 No
Ian Macdonald Queensland Yes
Simon Birmingham SA No
David Bushby Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Jane Hume Victoria No
James Paterson Victoria No
Linda Reynolds WA No
Anne Ruston SA No
Scott Ryan Victoria No
Zed Seselja ACT No
Dean Smith WA No
Eric Abetz Tasmania Absent
Christopher Back WA Absent
George Brandis Queensland Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
Jonathon Duniam Tasmania Absent
Marise Payne NSW 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
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 (0.0% turnout) Absent
Brian Burston NSW Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Stephen Parry Tasmania President Absent
Totals (51% turnout) 12 Yes – 26 No