Summary

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The majority voted against amendments introduced by Tasmanian Senator Nick McKim (Greens), which means they were unsuccessful.

The amendments would have introduced an independent review process. Senator McKim explained his amendment in the following way:

I'll make the point that the Productivity Commission in an annual review of regulatory burdens on business and consumer services recommended that dual regulation should cease, and I acknowledge that's effectively what this bill does. However, the Productivity Commission went on further to recommend:

An independent review of the performance of these immigration lawyers and the legal professional complaints handling and disciplinary procedures, with respect to their activities, should be conducted three years after an exemption becomes effective.

What this amendment does is seek to give effect to that Productivity Commission recommendation.

Amendment text

(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Sections 1 to 4".

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

4 Independent review of operation of Schedule 1

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

(2) Without limiting the matters to be covered by the review, the review must consider the performance of:

(a) immigration lawyers; and

(b) legal profession complaints handling systems and disciplinary procedures with respect to the activities of immigration lawyers.

(3) The review must:

(a) start as soon as practicable after the end of 3 years after Schedule 1 commences; and

(b) be completed within 6 months.

(4) The persons who conduct the review must give the Minister a written report of the review.

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

(6) In this section:

immigration lawyer means an Australian legal practitioner who provides immigration assistance, as defined in section 276 of the Migration Act 1958.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
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 (28% turnout) 0 Yes 7 No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Kim Carr Victoria No
Alex Gallacher SA No
Nita Green Queensland No
Tony Sheldon NSW No
Anne Urquhart Tasmania No
Tim Ayres NSW Absent
Anthony Chisholm Queensland Absent
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Katy Gallagher ACT Absent
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Louise Pratt WA Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Jess Walsh Victoria Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Centre Alliance (50% turnout) 1 Yes 0 No
Rex Patrick SA Yes
Stirling Griff SA Absent
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President No
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (50% turnout) 0 Yes 1 No
James McGrath Queensland No
Matthew Canavan Queensland Absent
Liberal Party (59% turnout) 0 Yes 17 No
Eric Abetz Tasmania No
Alex Antic SA No
Wendy Askew Tasmania No
Andrew Bragg NSW No
Slade Brockman WA No
Claire Chandler Tasmania No
Jonathon Duniam Tasmania No
Andrew McLachlan SA No
Jim Molan NSW No
Matt O'Sullivan WA No
Gerard Rennick Queensland No
Linda Reynolds WA No
Paul Scarr Queensland No
Zed Seselja ACT No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Concetta Fierravanti-Wells NSW Absent
Sarah Henderson Victoria Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Anne Ruston SA Absent
National Party (100% turnout) 0 Yes 3 No
Perin Davey NSW No
Susan McDonald Queensland No
Bridget McKenzie Victoria No
Pauline Hanson's One Nation Party (0.0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Scott Ryan Victoria President Absent
Totals (53% turnout) 9 Yes – 31 No