The majority voted against amendments introduced by South Australian Senator Penny Wong (Labor), which means they failed.

What did these amendments do?

These amendments would have increased transparency requirements. Senator Wong explained that:

I again underline that the bill does not require the minister to provide any reasons for a decision and does not allow for any process of review or appeal by affected entities of ministerial decisions. The bill excludes procedural fairness, the operation of the Administrative Decisions (Judicial Review) Act and any form of merits review.

Motion text

(1) Clause 50, page 60 (after line 7), after the paragraph beginning "The Minister must take into account", insert:

Decisions made by the Minister under this Act may be reviewed by the Administrative Appeals Tribunal.

(2) Page 62 (after line 25), after Division 2, insert:

Division 2A—Review of decisions

51A Review of decisions

(1) Applications may be made to the Administrative Appeals Tribunal for review of a reviewable decision referred to in column 1 of the following table:

Notice of decision must include statement of reasons etc.

(2) The notice that is required to be given in relation to a reviewable decision referred to in column 1 of the table in subsection (1), under the provision referred to in column 2 of the table, must contain:

(a) a statement of reasons for the decision in accordance with subsections (3) and (4); and

(b) information about the right to have the decision reviewed.

(3) The statement of reasons must include:

(a) if in making the decision the Minister is satisfied or not satisfied of a foreign relations matter, or has ceased to be satisfied of a foreign relations matter—an explanation of the basis on which the Minister reached that position and the particular foreign relations, foreign policy or other considerations involved; and

(b) if the Minister is required under section 51 to take the matters specified in subsection 51(2) into account in making the decision—an explanation of how those matters have been taken into account and have affected the decision made.

Note: See also section 25D of the Acts Interpretation Act 1901 for other rules about the contents of a statement of reasons.

(4) To avoid doubt, subsections (2) and (3) do not require information to be included in a statement of reasons if the Minister believes on reasonable grounds that disclosure of that information is or is likely to be protected by public interest immunity. However, if information is not included in a statement of reasons on that basis, the statement of reasons must:

(a) state that fact; and

(b) specify the particular grounds for the claim of public interest immunity, including the grounds on which it is considered that it is not in the public interest to disclose the information and the harm to the public interest that could result from the disclosure of information.

Reviews by Security Division of the Tribunal

(5) The power of the Administrative Appeals Tribunal to review a reviewable decision referred to in subsection (1) may be exercised by the Tribunal only in the Security Division of the Tribunal.

(6) The provisions of the Administrative Appeals Tribunal Act 1975 apply in relation to an application for review of a reviewable decision referred to in subsection (1) with the modifications specified in the rules.

Definition of foreign relations matter

(7) For the purposes of this section, a foreign relations matter means a matter that relates to whether a particular action:

(a) would or would not adversely affect, or would be likely or unlikely to adversely affect, Australia's foreign relations; or

(b) would or would not be, or would be likely or unlikely to be, inconsistent with Australia's foreign policy; or

(c) adversely affects, or is likely to adversely affect, Australia's foreign relations; or

(d) is, or is likely to be, inconsistent with Australia's foreign policy.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 9 Yes 0 No
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
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (64% turnout) 16 Yes 0 No
Tim Ayres NSW Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Don Farrell SA Yes
Alex Gallacher SA Yes
Katy Gallagher ACT Yes
Nita Green Queensland Yes
Kimberley Kitching Victoria Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Louise Pratt WA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Penny Wong SA Yes
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Patrick Dodson WA Absent
Kristina Keneally NSW Absent
Helen Polley Tasmania Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Stirling Griff SA Centre Alliance Yes
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Rex Patrick SA Independent 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 (72% turnout) 0 Yes 21 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
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Sarah Henderson Victoria No
Jane Hume Victoria No
Andrew McLachlan SA No
Jim Molan NSW No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Zed Seselja ACT No
Ben Small WA No
Dean Smith WA No
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Hollie Hughes NSW Absent
Matt O'Sullivan WA Absent
Gerard Rennick Queensland Absent
Amanda Stoker Queensland Absent
David Van Victoria 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 (100% turnout) 0 Yes 2 No
Pauline Hanson Queensland No
Malcolm Roberts Queensland No
Scott Ryan Victoria President No
Totals (75% turnout) 26 Yes – 31 No