Summary

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The majority voted against a motion introduced by Greens Senator Nick McKim, which means it failed.

What did the motion do?

The motion would have added to the usual second reading motion, which is a motion to agree with the main idea of the bill (in parliamentary jargon, it's a motion to read the bill for a second time):

At the end of the motion, add:

"but the Senate notes the chilling effect that section 42 of the Australian Border Force Act 2015 has had on the immigration debate in Australia and condemns the Government and the Opposition for introducing and supporting the existing section."

Senator McKim explained:

Section 42 of [the Australian Border Force Act] provides that it's an offence for someone who is or has been an entrusted person to make a record of or disclose protected information. The maximum penalty for the offence is imprisonment for two years.

This provision—which still exists as we debate here today, with a minor amendment delivered by the government with regard to medical professionals—was designed by the government and supported by the Labor Party, for no other reason than to suppress the true horrors of what is happening on Manus Island and Nauru and inside Australia's onshore immigration detention regime. It was designed to have, and had, a chilling effect on freedom of speech in this country. It was designed to prevent people from speaking out about what they witnessed, including many people who had either a professional or a moral obligation to do so. The current section 42 is a draconian measure, designed, as I said, to keep secret the horrors of what is happening on Manus Island and Nauru and inside Australia's onshore detention regime.

Read more about the bill in the bills digest.

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives No
Australian Greens (100% turnout) 7 Yes 0 No
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Lee Rhiannon NSW Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (60% turnout) 0 Yes 15 No
Carol Brown Tasmania No
Kim Carr Victoria No
Patrick Dodson WA No
Don Farrell SA No
Alex Gallacher SA No
Katy Gallagher ACT No
Kimberley Kitching Victoria No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Claire Moore Queensland No
Louise Pratt WA No
Lisa Singh Tasmania No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Penny Wong SA No
Catryna Bilyk Tasmania Absent
Doug Cameron NSW Absent
Anthony Chisholm Queensland Absent
Jacinta Collins Victoria Absent
Sam Dastyari NSW Absent
Chris Ketter Queensland Absent
Gavin Marshall Victoria Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Murray Watt Queensland Absent
Nigel Scullion NT Country Liberal Party No
Derryn Hinch Victoria Derryn Hinch's Justice Party No
Sue Lines WA Deputy President Absent
Lucy Gichuhi SA Independent No
Jacqui Lambie Tasmania Independent Absent
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (50% turnout) 0 Yes 1 No
James McGrath Queensland No
Matthew Canavan Queensland Absent
Liberal Party (62% turnout) 0 Yes 13 No
Eric Abetz Tasmania No
Simon Birmingham SA No
Slade Brockman WA No
David Bushby Tasmania No
Michaelia Cash WA No
Jonathon Duniam Tasmania No
Jane Hume Victoria No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Scott Ryan Victoria No
Dean Smith WA No
George Brandis Queensland Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Concetta Fierravanti-Wells NSW Absent
Mitch Fifield Victoria Absent
Ian Macdonald Queensland 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
Nick Xenophon Team (150% turnout) 0 Yes 3 No
Stirling Griff SA No
Skye Kakoschke-Moore SA No
Nick Xenophon SA No
Pauline Hanson's One Nation Party (100% turnout) 0 Yes 4 No
Brian Burston NSW No
Peter Georgiou WA No
Pauline Hanson Queensland No
Malcolm Roberts Queensland No
Stephen Parry Tasmania President Absent
Totals (70% turnout) 7 Yes – 44 No