Summary

Edit

The majority voted against an amendment introduced by NSW Senator Kristina Keneally (Labor), which means it failed.

Senator Keneally explained that:

The government are proposing to not act on the requirements put on them by the Parliamentary Joint Committee on Intelligence and Security some 18 months ago, the requests made of them by three Independent National Security Legislation Monitors and, indeed, the evidence given by ASIO to the Parliamentary Joint Committee on Intelligence and Security to repeal questioning and detention warrants and to reform questioning warrants.

[...]

So Labor are moving an amendment to say the government don't need 365 days; they've already had 1,000 days. Our amendment is that the government should have three more months—90 more days—to bring forward the changes that our national security agencies want and need and to repeal a power that has been described by Roger Gyles AO QC as 'odious' and that three Independent National Security Legislation Monitors say has no role in our Australian democracy.

Motion text

Amdt 8713 - Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019

(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:

1 Section 34ZZ

Repeal the section, substitute:

34ZZ Cessation of effect of Division

(1) This Division (apart from Subdivision C of this Division) ceases to have effect on 7 December 2019.

(2) Subdivision C of this Division ceases to have effect on 7 September 2019.

[sunsetting dates]

What is the bill's main idea?

This bill was introduced to extend the operation of certain special powers relating to suspected terrorism offences to 7 September 2020. Currently, those powers are due to sunset (that is, stop being part of our law) on 7 September 2019.

What are the special powers?

The special powers extended by this bill are the power to issue questioning warrants (QWs) and questioning and detention warrants (QDWs) in relation to suspected terrorism offences. They are extraordinary because they can be issued in relation to someone even though they are not suspected of, or charged with, any offence. In other words, these warrants are an intelligence-gathering and preventative power. Someone might be subject to these warrants because they can provide information about a potential terrorism offence and they may be detained in order to prevent them from damaging evidence or alerting someone involved in a terrorism offence that their actions are being investigated.

These powers have been extended several times since they were first introduced in 2002. More information is available in the bills digest.

Votes Not 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
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
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (72% turnout) 18 Yes 0 No
Tim Ayres NSW Yes
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Don Farrell SA Yes
Alex Gallacher SA Yes
Nita Green Queensland Yes
Kristina Keneally NSW Yes
Kimberley Kitching Victoria Yes
Jenny McAllister NSW Yes
Louise Pratt WA Yes
Tony Sheldon NSW Yes
Marielle Smith SA Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Kim Carr Victoria Absent
Patrick Dodson WA Absent
Katy Gallagher ACT Absent
Malarndirri McCarthy NT Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Penny Wong SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (79% turnout) 0 Yes 22 No
Eric Abetz Tasmania No
Alex Antic SA No
Wendy Askew Tasmania No
Andrew Bragg NSW No
Michaelia Cash WA No
Claire Chandler Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Hollie Hughes NSW No
Jane Hume Victoria No
Matt O'Sullivan WA No
James Paterson Victoria No
Gerard Rennick Queensland No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Simon Birmingham SA Absent
Slade Brockman WA Absent
Mathias Cormann WA Absent
Marise Payne NSW Absent
Zed Seselja ACT Absent
Arthur Sinodinos NSW Absent
National Party (0.0% turnout) Absent
Perin Davey NSW Absent
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (100% turnout) 0 Yes 2 No
Pauline Hanson Queensland No
Malcolm Roberts Queensland No
Scott Ryan Victoria President No
Totals (78% turnout) 29 Yes – 30 No