edited
20th Jan 2018
Australian Border Force Amendment (Protected Information) Bill 2017 - in Committee - Unauthorised disclosure
Not passed by a modest majority
No rebellions 53% attendance
16th Oct 2017, 10:53 AM – Senate Australian Border Force Amendment (Protected Information) Bill 2017 - Second Reading - Section 42
Summary
EditThe 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 (100% 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 (69% turnout) | 7 Yes – 44 No |
Turnout is the percentage of members eligible to vote that did vote.