The majority voted against Government amendments, which means they failed. The amendments would have stopped a particular group of people seeking asylum in Australia from applying for an Australian visa.

What did the amendments do?

According to the relevant supplementary explanatory memorandum:

These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, amend the Migration Act 1958 (Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa.

These government amendments will also apply to transitory persons who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 (the Maritime Powers Act).

These groups of people will be referred to as the designated regional processing cohort.

Thee government amendments will include a personal power of the Minister to permit a member of the designated regional processing cohort, or a class of persons within the designated regional processing cohort, to make a valid application for a visa if the Minister thinks it is in the public interest to do so.

These government amendments include measures to prevent a member of the designated regional processing cohort from being deemed to have been granted a Special Purpose visa under section 33 of the Migration Act, or being deemed to have applied for particular visas under the Migration Regulations.

These government amendments will apply to a member of the designated regional processing cohort: who is currently subject to regional processing arrangements; who has left a regional processing country and is in another country; or who is taken to a regional processing country in the future.

Amendment text

See sheet JC575 for amendment text.

What does this bill do?

According to its bills digest, the purpose of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 is to:

  • clarify that where the removal of a non-citizen from the migration zone to another country is unsuccessful, a visa is not required to bring the person back to Australia and they remain subject to statutory bars on subsequent visa applications, where applicable (Schedule 1)
  • provide that the Minister may make documents available to a person by way of an online account (Schedule 2)
  • provide that the Commonwealth may appropriate money from the Consolidated Revenue Fund to pay refunds, rebates or drawbacks of customs duty in circumstances where those payments have no other statutory basis (Schedule 3)
  • specify that regulations may make provision for the charging and recovery of fees in relation to the Passenger Movement Charge (Schedule 4).

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Yes
Australian Greens (100% turnout) 0 Yes 9 No
Richard Di Natale Victoria No
Mehreen Faruqi NSW No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Janet Rice Victoria No
Rachel Siewert WA No
Jordon Steele-John WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Australian Labor Party (68% turnout) 0 Yes 17 No
Doug Cameron NSW No
Kim Carr Victoria No
Anthony Chisholm Queensland No
Jacinta Collins Victoria No
Don Farrell SA No
Alex Gallacher SA No
Kristina Keneally NSW No
Kimberley Kitching Victoria No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Louise Pratt WA No
Lisa Singh Tasmania No
David Smith ACT No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Murray Watt Queensland No
Penny Wong SA No
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Patrick Dodson WA Absent
Chris Ketter Queensland Absent
Gavin Marshall Victoria Absent
Jenny McAllister NSW Absent
Claire Moore Queensland Absent
Helen Polley Tasmania Absent
Centre Alliance (100% turnout) 0 Yes 2 No
Stirling Griff SA No
Rex Patrick SA No
Nigel Scullion NT Country Liberal Party Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party No
Sue Lines WA Deputy President No
Lucy Gichuhi SA Independent Yes
Tim Storer SA Independent No
Fraser Anning Queensland Independent Absent
Steve Martin Tasmania Independent Absent
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (50% turnout) 1 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Absent
Liberal Party (78% turnout) 18 Yes 0 No
Eric Abetz Tasmania Yes
Simon Birmingham SA Yes
Slade Brockman WA Yes
David Bushby Tasmania Yes
Michaelia Cash WA Yes
Richard Colbeck Tasmania Yes
Mathias Cormann WA Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Concetta Fierravanti-Wells NSW Yes
Mitch Fifield Victoria Yes
Jane Hume Victoria Yes
Ian Macdonald Queensland Yes
Jim Molan NSW Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Zed Seselja ACT Yes
Amanda Stoker Queensland Yes
Lucy Gichuhi SA Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Arthur Sinodinos NSW Absent
Dean Smith WA Absent
National Party (100% turnout) 3 Yes 0 No
Bridget McKenzie Victoria Yes
Barry O'Sullivan Queensland Yes
John Williams NSW Yes
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Peter Georgiou WA Yes
Pauline Hanson Queensland Yes
Scott Ryan Victoria President Yes
Brian Burston NSW United Australia Party Yes
Totals (79% turnout) 28 Yes – 32 No