The majority voted in favour of item (1) of Government amendments, which means it will now form part of the bill.

South Australian Senator Rex Patrick (Independent) opposed item (1) and explained that:

It's a small amendment to what is a very significant bill, a very large bill. I would liken it to the two wires on the service module of Apollo 13. They might seem like just small wires, but after launch of this legislation we're going to find that it doesn't accomplish the mission. We're going to find that the Treasurer will simply be able to not designate Facebook and Google in accordance with the act. That would leave all of the small players, all of the regional players, without the ability to bargain properly against these very large digital companies, these foreign companies. We would, in effect, still have the very thing that Mr Rod Sims of the ACCC was most concerned about, which is a huge imbalance in power between Facebook, Google and the small players. So I would urge the chamber, when this is put, to reject item No. (1) of these amendments because it effectively undermines the whole bill.

Item (1) text

(1) Schedule 1, item 1, page 8 (lines 10 to 13), omit subsection 52E(3), substitute:

(3) In making the determination, the Minister must consider:

(a) whether there is a significant bargaining power imbalance between Australian news businesses and the group comprised of the corporation and all of its related bodies corporate; and

(b) whether that group has made a significant contribution to the sustainability of the Australian news industry through agreements relating to news content of Australian news businesses (including agreements to remunerate those businesses for their news content).

Votes Passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 9 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
Lidia Thorpe Victoria No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Australian Labor Party (16% turnout) 4 Yes 0 No
Raff Ciccone Victoria Yes
Alex Gallacher SA Yes
Kimberley Kitching Victoria Yes
Louise Pratt WA Yes
Tim Ayres NSW Absent
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Anthony Chisholm Queensland Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Katy Gallagher ACT Absent
Nita Green Queensland Absent
Kristina Keneally NSW Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Anne Urquhart Tasmania Absent
Jess Walsh Victoria Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance No
Sam McMahon NT Country Liberal Party Yes
Sue Lines WA Deputy President Yes
Rex Patrick SA Independent No
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (69% turnout) 20 Yes 0 No
Eric Abetz Tasmania Yes
Alex Antic SA Yes
Andrew Bragg NSW Yes
Slade Brockman WA Yes
Claire Chandler Tasmania Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Concetta Fierravanti-Wells NSW Yes
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Andrew McLachlan SA Yes
Jim Molan NSW Yes
Matt O'Sullivan WA Yes
Marise Payne NSW Yes
Gerard Rennick Queensland Yes
Paul Scarr Queensland Yes
Ben Small WA Yes
Dean Smith WA Yes
David Van Victoria Yes
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
James Paterson Victoria Absent
Linda Reynolds WA Absent
Anne Ruston SA Absent
Zed Seselja ACT Absent
Amanda Stoker Queensland Absent
National Party (100% turnout) 3 Yes 0 No
Perin Davey NSW Yes
Susan McDonald Queensland Yes
Bridget McKenzie Victoria Yes
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Scott Ryan Victoria President Absent
Totals (59% turnout) 33 Yes – 12 No