Summary

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The majority voted against an amendment to the usual second reading motion "that the bill be read a second time", which is parliamentary jargon for agreeing with the main idea of the bill. This means the amendment failed.

Amendment text

At the end of the motion, add: ", but the Senate:

(a) notes that:

(i) the bill lacks the protections included under equivalent United States legislation, and the safeguards provided for under mutual assistance laws, with respect to matters such as protection of human rights, including the right to life and prohibition on torture, and restrictions on accessing data about Australian persons,

(ii) it is currently impossible to fully identify and assess the safeguards that will apply to the scheme set out in the bill, particularly any safeguards to protect the privacy and the rights of law abiding individuals,

(iii) the bill leaves many essential details, including critical safeguards, to the content of individual, future executive agreements that would be prescribed by regulation as Designated International Agreements (DIAs), and

(iv) some Administrative Appeals Tribunal members lack the independence required to properly fulfil the role of considering and issuing International Production Orders (IPOs), particularly given community perceptions that the Tribunal is being influenced through appointments that reflect political affiliation, and

(b) calls on the Government to:

(i) ensure that proposed DIAs are subject to the same degree of parliamentary scrutiny as mutual assistance treaties,

(ii) create statutory requirements for the timely publication and tabling in Parliament of the full text of any agreement that is to be prescribed as a DIA, so that Parliament has immediate access to that agreement when considering whether to disallow regulations prescribing it as a DIA,

(iii) ensure that the Parliament can properly exercise its discretion to disallow DIA regulations, and maximise legal certainty for agencies, by providing that such regulations commence after the disallowance period has ended, and

(iv) ensure that IPOs relating to criminal law enforcement and control orders are only issued by judicial officers, in order to provide greater substantive and perceived independence to the approval process".

What does this bill do?

According to the bills digest:

The purpose of the Bill is to amend the Telecommunications (Interception and Access) Act 1979 (the TIA Act) and make consequential amendments to other Acts to introduce a framework for Australian agencies to obtain an international production order (IPO) requiring a designated communications provider (DCP) overseas to:

  • intercept communications
  • provide access to stored communications or
  • provide access to telecommunications data.

Certain agencies will be able to apply for IPOs in relation to investigating serious offences, carrying out ASIO’s functions, and purposes relating to control orders.

IPOs will be authorised externally to the requesting agency. They will only be available in relation to providers in countries with which Australia has a bilateral or multilateral agreement on cross-border access to electronic information and communications data; that is, a designated international agreement.

The Bill will also amend the TIA Act and other Acts to ensure that Australian communications providers are not prevented from responding to incoming requests for access to electronic information and communications data from countries with which Australia has a designated international agreement.

The proposed IPO framework is intended to provide a faster alternative to the formal mutual legal assistance process for obtaining access to certain information and data held by overseas providers (and for overseas authorities to access information and data held by Australian providers).

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 (20% turnout) 0 Yes 5 No
Alex Gallacher SA No
Katy Gallagher ACT No
Kimberley Kitching Victoria No
Malarndirri McCarthy NT No
Murray Watt Queensland 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
Nita Green Queensland Absent
Kristina Keneally NSW 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
Glenn Sterle WA Absent
Anne Urquhart Tasmania Absent
Jess Walsh Victoria 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 Absent
Liberal National Party (50% turnout) 0 Yes 1 No
Matthew Canavan Queensland No
James McGrath Queensland Absent
Liberal Party (72% turnout) 0 Yes 21 No
Eric Abetz Tasmania No
Alex Antic SA No
Wendy Askew Tasmania No
Simon Birmingham SA No
Andrew Bragg NSW No
Slade Brockman WA No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Jane Hume Victoria No
Andrew McLachlan SA No
Matt O'Sullivan WA No
Gerard Rennick Queensland No
Anne Ruston SA No
Paul Scarr Queensland No
Zed Seselja ACT No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Claire Chandler Tasmania Absent
Sarah Henderson Victoria Absent
Hollie Hughes NSW Absent
Jim Molan NSW Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Linda Reynolds WA Absent
Ben Small WA 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 No
Totals (55% turnout) 10 Yes – 32 No