Summary

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The majority voted against an amendment introduced by South Australian Senator Rex Patrick (Independent), which means it failed.

Senator Patrick explained his amendment during the second reading stage:

The amendment I'm moving seeks to deal with a situation we had a few weeks ago where the government sought to use biosecurity measures to prevent Australians from returning home—in fact, to make it a criminal offence for Australians who may be overseas during a biosecurity emergency to return back to their home country. That is inconsistent with the idea of the rights of citizenship; it's inconsistent with the moral obligation the government has to assist Australians when they are overseas and find themselves in difficulty. My amendment will make it very clear that the power that was exercised by the health minister to prevent Australians who were in India from returning home can never be exercised again in that manner.

Motion text

(1) Schedule 1, page 4 (after line 3), at the end of the Schedule, add:

3 At the end of subsection 477(1)

Add:

Note 3: Certain requirements must not be determined under this subsection, such as a requirement that prevents an Australian citizen or permanent resident who is overseas from returning to Australia (see subsections (5A) and (6)).

4 At the end of paragraph 477(3)(b)

Add "(subject to subsection (5A))".

5 After subsection 477(5)

Insert:

Determination must not include certain matters

(5A) A determination made under subsection (1) must not prevent or restrict an Australian citizen, or a permanent resident (within the meaning of the Australian Citizenship Act 2007), who is outside Australian territory from entering Australian territory.

(5B) To avoid doubt, subsection (5A) does not mean that other requirements in a determination made under subsection (1) cannot apply to those persons upon entering Australian territory.

6 At the end of subsection 478(1)

Add:

Note 3: Certain directions must not be given under this subsection, such as a direction that prevents or restricts an Australian citizen or permanent resident who is overseas from returning to Australia (see subsections (5A) and (6)).

7 After subsection 478(5)

Insert:

Direction must not require certain matters

(5A) A direction given under subsection (1) must not prevent or restrict an Australian citizen, or a permanent resident (within the meaning of the Australian Citizenship Act 2007), who is outside Australian territory from entering Australian territory.

(5B) To avoid doubt, subsection (5A) does not mean that other directions under subsection (1) cannot be given to those persons upon entering Australian territory.

8 Application of amendments — human biosecurity emergency powers

The amendments of the Biosecurity Act 2015 made by items 3 to 7 of this Schedule apply in relation to:

(a) a determination under subsection 477(1) of that Act; or

(b) a direction under subsection 478(1) of that Act;

that is made on or after the commencement of this item (regardless of whether the human biosecurity emergency period during which the determination or direction is made begins before, on or after that commencement).

Votes Not passed by a modest 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 (8.0% turnout) 0 Yes 2 No
Malarndirri McCarthy NT No
Glenn Sterle WA 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
Alex Gallacher SA Absent
Katy Gallagher ACT Absent
Nita Green Queensland Absent
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Louise Pratt WA Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Anne Urquhart Tasmania Absent
Jess Walsh Victoria Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance Absent
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Rex Patrick SA Independent Yes
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 (66% turnout) 0 Yes 19 No
Alex Antic SA No
Andrew Bragg NSW No
Slade Brockman WA No
Richard Colbeck Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Hollie Hughes NSW No
Jane Hume Victoria No
Andrew McLachlan SA No
James Paterson Victoria No
Marise Payne NSW No
Gerard Rennick Queensland No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Ben Small WA No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Eric Abetz Tasmania Absent
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Claire Chandler Tasmania Absent
Jonathon Duniam Tasmania Absent
Sarah Henderson Victoria Absent
Jim Molan NSW Absent
Matt O'Sullivan WA Absent
Zed Seselja ACT 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 Absent
Totals (53% turnout) 10 Yes – 30 No