Summary

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The majority voted against an amendment moved by Centre Alliance Senator Rex Patrick be agreed to.

Senator Patrick explained that:

The objective of this amendment is to prevent the enabling legislation commencing until bilateral side letters have been exchanged between Australia and each other party to the agreement, agreeing, firstly, that chapter 9 of the agreement, which deals with investor-state disputes, does not apply in relation to an investment in Australia, and, secondly, that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other party. Centre Alliance is of the view that these issues need to be addressed before the TPP comes into force, not after.

What do these bills do?

The bill was introduced along with another to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11). Their basic purpose is to implement the customs dimensions of the TPP-11 Agreement by making relevant amendments to the Customs Act 1901 and the Customs Tariff Act 1995. Read more in the bills digest.

Amendment text

(1) Clause 2, page 2 (cell at table item 2, column 2), omit the cell, substitute:

If the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile on 8 March 2018, enters into force for Australia—the first day that:

(a) bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that Chapter 9 of the Agreement, which deals with investor-State disputes, does not apply in relation to an investment in Australia by an investor of the other party; and

(b) bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other Party;

are in force for Australia.

However, the provisions do not commence at all unless all of the events mentioned in this item occur.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives No
Australian Greens (89% turnout) 8 Yes 0 No
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
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Jordon Steele-John WA Absent
Australian Labor Party (48% turnout) 0 Yes 12 No
Catryna Bilyk Tasmania No
Kim Carr Victoria No
Alex Gallacher SA No
Kristina Keneally NSW No
Chris Ketter Queensland No
Malarndirri McCarthy NT No
Claire Moore Queensland No
Louise Pratt WA No
Lisa Singh Tasmania No
David Smith ACT No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Carol Brown Tasmania Absent
Doug Cameron NSW Absent
Anthony Chisholm Queensland Absent
Jacinta Collins Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Kimberley Kitching Victoria Absent
Gavin Marshall Victoria Absent
Jenny McAllister NSW Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Murray Watt 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 Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party No
Sue Lines WA Deputy President Absent
Tim Storer SA Independent Yes
Steve Martin Tasmania Independent Absent
Fraser Anning Queensland Katter's Australian Party Yes
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 (52% turnout) 0 Yes 12 No
Simon Birmingham SA No
Slade Brockman WA No
David Bushby Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
Concetta Fierravanti-Wells NSW No
Jane Hume Victoria No
Jim Molan NSW No
James Paterson Victoria No
Linda Reynolds WA No
Dean Smith WA No
Amanda Stoker Queensland No
Eric Abetz Tasmania Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Mitch Fifield Victoria Absent
Lucy Gichuhi SA Absent
Ian Macdonald Queensland Absent
Marise Payne NSW Absent
Anne Ruston SA Absent
Zed Seselja ACT Absent
Arthur Sinodinos NSW Absent
National Party (33% turnout) 0 Yes 1 No
Barry O'Sullivan Queensland No
Bridget McKenzie Victoria Absent
John Williams NSW Absent
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Peter Georgiou WA Yes
Pauline Hanson Queensland Yes
Scott Ryan Victoria President Absent
Brian Burston NSW United Australia Party Absent
Totals (57% turnout) 14 Yes – 29 No