Summary

Edit

The majority voted against amendment (1), which was introduced by the Centre Alliance, which means it failed. The amendment would have required an independent review of this bill's amendments after a period of 12 months.

Amendment text

(1) Page 2 (after line 11), after clause 3, insert:

4 Review of this Act

(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.

(2) The review must be commenced as soon as practicable after the end of 12 months after this Act commences.

(3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.

(4) The Minister must cause a copy of the report to be tabled in each House of Parliament within 15 sitting days of that House after the report is given to the Minister.

What does the bill do?

According to the bills digest, the bill was introduced in order to:

  • respond to concern about the validity of certain ACIC determinations and other documents raised in the case of CXXXVIII v Commonwealth by confirming the validity of current and former Australian Crime Commission (ACC) special operations and special investigations, the lawfulness of which has been questioned and
  • amend the process by which the Australian Criminal Intelligence Commission (ACIC) Board authorises future special operations and special investigations, including by amending the threshold of which it must be satisfied.

Although the bill does not expand or alter the powers available to ACIC, parties like the Centre Alliance were concerned by the retroactive nature of the bill. That is, it will confirm the validity of current and former special operations and special investigations at a time when the High Court is considering the validity of these laws in the context of an alleged unlawful investigation.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Absent
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 (32% turnout) 0 Yes 8 No
Alex Gallacher SA No
Katy Gallagher ACT No
Nita Green Queensland No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Louise Pratt WA No
Glenn Sterle WA No
Jess Walsh Victoria No
Tim Ayres NSW Absent
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Anthony Chisholm Queensland Absent
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Anne Urquhart 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
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Jacqui Lambie Tasmania Jacqui Lambie Network Absent
Liberal National Party (50% turnout) 0 Yes 1 No
Matthew Canavan Queensland No
James McGrath Queensland Absent
Liberal Party (68% turnout) 0 Yes 19 No
Eric Abetz Tasmania No
Alex Antic SA No
Wendy Askew Tasmania No
Andrew Bragg NSW No
Slade Brockman WA No
Michaelia Cash WA No
Claire Chandler Tasmania No
Mathias Cormann WA No
Concetta Fierravanti-Wells NSW No
Sarah Henderson Victoria No
Hollie Hughes NSW No
Jane Hume Victoria No
Jim Molan NSW No
James Paterson Victoria No
Gerard Rennick Queensland No
Anne Ruston SA No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Simon Birmingham SA Absent
Richard Colbeck Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Matt O'Sullivan WA Absent
Marise Payne NSW Absent
Linda Reynolds WA Absent
Paul Scarr Queensland Absent
Zed Seselja ACT Absent
National Party (67% turnout) 0 Yes 2 No
Perin Davey NSW No
Bridget McKenzie Victoria No
Susan McDonald Queensland Absent
Pauline Hanson's One Nation Party (50% turnout) 0 Yes 1 No
Malcolm Roberts Queensland No
Pauline Hanson Queensland Absent
Scott Ryan Victoria President No
Totals (58% turnout) 11 Yes – 33 No