Summary

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The majority voted in favour of an amendment introduced by Victorian Senator Jane Hume (Liberal), which means it was successful.

Amendment text

(1) Schedule 2, item 55, page 37 (after line 16), at the end of Part 10.56, add:

1683B Review of operation of laws

(1) The Minister must cause a review of the operation of the amendments made by Parts 1 and 2 of Schedule 2 to the amending Act to be conducted by an independent expert within 6 months after the second anniversary of the commencement of this section.

(2) The person who conducts the review must give the Minister a written report of the review.

(3) 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.

Recommendations

(4) The report may set out recommendations to the Commonwealth Government.

(5) If the report sets out one or more recommendations to the Commonwealth Government, the report must set out the reasons for those recommendations.

Government response to recommendations

(6) If the report sets out one or more recommendations to the Commonwealth Government, as soon as practicable, and in any event within 3 months, after the report is first tabled in a House of the Parliament, the Minister must cause:

(a) a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and

(b) the statement to be published on the Department's website.

1683C Amendments made by Schedule 2 to the amending Act cease to have effect if review of operation of laws is not conducted

(1) This section applies if the Minister:

(a) fails to cause a review to be conducted in accordance with subsection 1683B(1) within the period required by that subsection; or

(b) is given a written report of a review conducted in accordance with subsection 1683B(1), but fails to cause a copy of the report to be tabled in each House of the Parliament within the period required by subsection 1683B(3); or

(c) is given a written report of a review conducted in accordance with subsection 1683B(1) that sets out one or more recommendations to the Commonwealth Government, but fails to cause a statement to be published on the Department's website within the period required by subsection 1683B(6).

(2) This Act and the ASIC Act have effect, on or after the day mentioned in subsection (3), as if the amendments made by Parts 1, 2 and 4 of Schedule 2 to the amending Act had not been made.

(3) The day (the sunsetting day) is:

(a) the day after the end of the period referred to in the applicable paragraph of subsection (1), unless paragraph (b) of this subsection applies; or

(b) if there is more than one applicable paragraph in subsection (1)—the earliest day determined under paragraph (a) of this subsection for each of those paragraphs.

(4) To avoid doubt, nothing in this section affects the validity of anything that is done, or not done, in reliance on this Act or the ASIC Act as in force before the sunsetting day.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (56% turnout) 0 Yes 5 No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Rachel Siewert WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Mehreen Faruqi NSW Absent
Janet Rice Victoria Absent
Jordon Steele-John WA Absent
Lidia Thorpe Victoria Absent
Australian Labor Party (36% turnout) 0 Yes 9 No
Carol Brown Tasmania No
Kim Carr Victoria No
Anthony Chisholm Queensland No
Don Farrell SA No
Katy Gallagher ACT No
Deborah O'Neill NSW No
Louise Pratt WA No
Anne Urquhart Tasmania No
Murray Watt Queensland No
Tim Ayres NSW Absent
Catryna Bilyk Tasmania Absent
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Alex Gallacher SA Absent
Nita Green Queensland Absent
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Helen Polley Tasmania Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Jess Walsh Victoria Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance Absent
Sam McMahon NT Country Liberal Party Yes
Sue Lines WA Deputy President No
Rex Patrick SA Independent No
Jacqui Lambie Tasmania Jacqui Lambie Network Yes
Liberal National Party (50% turnout) 1 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Absent
Liberal Party (45% turnout) 13 Yes 0 No
Slade Brockman WA Yes
Michaelia Cash WA Yes
Claire Chandler Tasmania Yes
Jane Hume Victoria Yes
Matt O'Sullivan WA Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Zed Seselja ACT Yes
Ben Small WA Yes
Dean Smith WA Yes
David Van Victoria Yes
Eric Abetz Tasmania Absent
Alex Antic SA Absent
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Richard Colbeck Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Concetta Fierravanti-Wells NSW Absent
Sarah Henderson Victoria Absent
Hollie Hughes NSW Absent
Andrew McLachlan SA Absent
Jim Molan NSW Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Amanda Stoker Queensland Absent
National Party (67% turnout) 2 Yes 0 No
Perin Davey NSW Yes
Bridget McKenzie Victoria Yes
Susan McDonald Queensland Absent
Pauline Hanson's One Nation Party (50% turnout) 1 Yes 0 No
Malcolm Roberts Queensland Yes
Pauline Hanson Queensland Absent
Scott Ryan Victoria President Absent
Totals (46% turnout) 19 Yes – 16 No