The majority voted in favour of a motion to stop the Australian Charities and Not-for-profits Commission Amendment (2021 Measures No. 2) Regulations 2021 from having legal force. In other words, those Regulations will no longer be part of our law. These types of motions are known as disallowance motions.

What do these regulations do?

South Australian Senator Rex Patrick (Independent), who introduced this motion, explained that:

The Australian Charities and Not-for-profits Commission Amendment (2021 Measures No. 2) Regulations 2021 should be disallowed as they amount to a prohibition of freedom of political communication and expression and expose charities to the risk of deregistration for actions most Australians accept as a right and in which they may have engaged, such as peaceful protests and sit-ins. Quite simply, the intent of these regulations is to stop charities engaging in lawful advocacy in pursuit of their charitable purpose. Millions of Australians donate, volunteer and are otherwise involved in charities every year. They provide frontline services in the areas of climate change, domestic violence, homelessness, refugee issues and a vast range of other social issues—issues this government doesn't really care about. Charities have raised issues and continue to advocate on issues such as black deaths in custody and the end of gender-based violence.

These regulations would have huge consequences for the ability of charities to speak up and advocate on behalf of the communities they represent and are part of. Further, these regulations impose far harsher penalties on charities for any minor offence than on any other corporate citizen. Charities don't even have to have committed an offence. The Commissioner of the Australian Charities and Not-for-profits Commission only needs to believe they might. If he believes that, they can be deregistered or refused registration. Charities are being held to a higher standard than any other organisation simply because the government is now going to categorise all their activities and advocacy as political activity.

Motion text

That the Australian Charities and Not-for-profits Commission Amendment (2021 Measures No. 2) Regulations 2021, made under the Australian Charities and Not-for-profits Commission Act 2012, be disallowed [F2021L00863].

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (78% turnout) 7 Yes 0 No
Dorinda Cox WA Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Jordon Steele-John WA Absent
Peter Whish-Wilson Tasmania Absent
Australian Labor Party (52% turnout) 13 Yes 0 No
Tim Ayres NSW Yes
Kim Carr Victoria Yes
Raff Ciccone Victoria Yes
Don Farrell SA Yes
Katy Gallagher ACT Yes
Karen Grogan SA Yes
Kimberley Kitching Victoria Yes
Jenny McAllister NSW Yes
Deborah O'Neill NSW Yes
Tony Sheldon NSW Yes
Marielle Smith SA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Anthony Chisholm Queensland Absent
Patrick Dodson WA Absent
Nita Green Queensland Absent
Kristina Keneally NSW Absent
Malarndirri McCarthy NT Absent
Helen Polley Tasmania Absent
Louise Pratt WA Absent
Glenn Sterle WA Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance Yes
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Yes
Rex Patrick SA Independent Yes
Jacqui Lambie Tasmania Jacqui Lambie Network Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (46% turnout) 0 Yes 13 No
Andrew Bragg NSW No
Claire Chandler Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
Concetta Fierravanti-Wells NSW No
Sarah Henderson Victoria No
Jane Hume Victoria No
Andrew McLachlan SA No
Jim Molan NSW No
Matt O'Sullivan WA No
Linda Reynolds WA No
Ben Small WA No
Dean Smith WA No
Eric Abetz Tasmania Absent
Alex Antic SA Absent
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
David Fawcett SA Absent
Hollie Hughes NSW Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Gerard Rennick Queensland Absent
Anne Ruston SA Absent
Paul Scarr Queensland Absent
Zed Seselja ACT Absent
Amanda Stoker Queensland Absent
David Van Victoria Absent
National Party (67% turnout) 0 Yes 2 No
Perin Davey NSW No
Bridget McKenzie Victoria No
Susan McDonald Queensland Absent
Pauline Hanson's One Nation Party (0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Slade Brockman WA President No
Totals (57% turnout) 24 Yes – 19 No