Summary

Edit

The majority voted in favour of a motion introduced by Centre Alliance Senator Stirling Griff. Motions like these don't make any changes on their own but are politically influential because they represent the will of the Senate.

Motion text

That the Senate:

(a) notes that:

(i) during the 2017-18 financial year, over 4 million items were recalled in Australia due to safety concerns, including Takata airbags, Infinity cabling, Safetech pool gate latches and Samsung washing machines,

(ii) according to the Australian Competition and Consumer Commission, each day at least 10 people require medical attention as a result of injuries received by using unsafe products, and

(iii) earlier this year, the Federal Court found that the Australian distributor for Thermomix failed to notify consumers of safety issues with the TM31 model – the distributor continued to sell $16 million worth of appliances in the two months between becoming aware of the safety faults and issuing a recall;

(b) acknowledges that, unlike the United Kingdom, the European Union, Canada, Malaysia and Brazil, the Australian Consumer Law does not prohibit the sale of unsafe products;

(c) further notes that:

(i) a General Safety Provision (GSP) could be included in the Australian Consumer Law, which would penalise unconscionable retailers who seek to profit from the sale of unsafe products,

(ii) the introduction of a GSP was recommended by the comprehensive Australian Consumer Law Review in 2017,

(iii) the Communique from the Legislative and Governance Forum on Consumer Affairs (LGFCA), on 31 August 2017, noted that further consultation on the inclusion of a GSP would occur prior to a decision being made at the 2018 meeting of the LGCFA,

(iv) consultation has not occurred, and

(v) the LGFCA will meet on 31 August 2018 to consider the best and most consistent protection for Australian and New Zealand consumers; and

(d) calls on the Federal Government to protect consumers, and act on the recommendations of the Australian Consumer Law Review to introduce a GSP.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives No
Australian Greens (100% turnout) 9 Yes 0 No
Andrew Bartlett Queensland Yes
Richard Di Natale Victoria Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (72% turnout) 18 Yes 0 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Doug Cameron NSW Yes
Anthony Chisholm Queensland Yes
Jacinta Collins Victoria Yes
Alex Gallacher SA Yes
Kristina Keneally NSW Yes
Chris Ketter Queensland Yes
Gavin Marshall Victoria Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Lisa Singh Tasmania Yes
David Smith ACT Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Murray Watt Queensland Yes
Kim Carr Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Claire Moore Queensland Absent
Penny Wong SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Nigel Scullion NT Country Liberal Party No
Derryn Hinch Victoria Derryn Hinch's Justice Party Yes
Sue Lines WA Deputy President Yes
Tim Storer SA Independent Yes
Lucy Gichuhi SA Independent No
Steve Martin Tasmania Independent No
Fraser Anning Queensland Katter's Australian Party No
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 (73% turnout) 0 Yes 16 No
Eric Abetz Tasmania No
Slade Brockman WA No
David Bushby Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Jane Hume Victoria No
Ian Macdonald Queensland No
Jim Molan NSW No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Zed Seselja ACT No
Amanda Stoker Queensland No
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
Mitch Fifield Victoria Absent
Arthur Sinodinos NSW Absent
Dean Smith WA Absent
National Party (100% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Peter Georgiou WA Yes
Pauline Hanson Queensland Yes
Scott Ryan Victoria President No
Brian Burston NSW United Australia Party Absent
Totals (80% turnout) 34 Yes – 27 No