Summary

Edit

The majority voted in favour of keeping item 55A of schedule 1 unchanged. In parliamentary jargon, they voted that that item stand as printed.

This was a free vote (also known as a conscience vote), which means our senators voted according to their own beliefs rather than strictly along party lines.

Text of item 55A

55A At the end of section 19

Add:

(4) A report under this section must not include information about any of the following matters unless the NHMRC Licensing Committee considers that the information does not identify, and is not reasonably capable of being used to identify, any person:

(a) approvals under subsection 28P(3) (including applications for such approvals and the outcomes of those applications);

(b) births of children as a result of pregnancies achieved using a mitochondrial donation technique under a clinical trial licence or a clinical practice licence;

(c) adverse events notified to the NHMRC Licensing Committee under paragraph 28S(3)(a).

What does this bill do?

According to the bills digest:

Mitochondrial disease is a group of conditions that can cause serious health issues and, in severe cases, can cause death in childhood. There is no known cure for mitochondrial disease.

Mitochondrial donation is an assisted reproductive technology (ART) that can assist women to avoid passing mitochondrial DNA disease to their biological child. This technology is not a cure for mitochondrial disease but is rather a way to prevent children from inheriting mitochondria that can cause mitochondrial disease.

Under the current legislative framework, mitochondrial donation is illegal under the Prohibition of Human Cloning for Reproduction Act 2002 (Cth) and the Research Involving Human Embryos Act 2002 (Cth). The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 (the Bill) amends relevant Acts and associated Regulations to make mitochondrial donation legal for research, training and human reproductive purposes. The overall aim is for women at risk of passing on mitochondrial disease to have reproductive options for biological children without the increased risk of their child having mitochondrial disease.

Primarily the Bill makes changes to ensure that it is no longer an offence to create, for the purposes of reproduction, and under the relevant mitochondrial donation licences, a human embryo that:

  • contains the genetic material of more than two people and
  • contains heritable changes to the genome.

Read more in the bills digest.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 9 Yes 0 No
Dorinda Cox WA Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Jordon Steele-John WA Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (72% turnout) 14 Yes 4 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Kim Carr Victoria Yes
Patrick Dodson WA Yes
Katy Gallagher ACT Yes
Karen Grogan SA Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Louise Pratt WA Yes
Tony Sheldon NSW Yes
Marielle Smith SA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Don Farrell SA No
Kristina Keneally NSW No
Tim Ayres NSW Absent
Nita Green Queensland Absent
Kimberley Kitching Victoria Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Glenn Sterle WA 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 No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (76% turnout) 8 Yes 14 No
Simon Birmingham SA Yes
Andrew Bragg NSW Yes
Richard Colbeck Tasmania Yes
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Jim Molan NSW Yes
Marise Payne NSW Yes
Eric Abetz Tasmania No
Alex Antic SA No
Wendy Askew Tasmania No
Michaelia Cash WA No
Claire Chandler Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Andrew McLachlan SA No
Greg Mirabella Victoria No
Matt O'Sullivan WA No
Gerard Rennick Queensland No
Zed Seselja ACT No
Amanda Stoker Queensland No
James Paterson Victoria Absent
Linda Reynolds WA Absent
Anne Ruston SA Absent
Paul Scarr Queensland Absent
Ben Small WA Absent
Dean Smith WA Absent
David Van Victoria 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 (50% turnout) 0 Yes 1 No
Malcolm Roberts Queensland No
Pauline Hanson Queensland Absent
Slade Brockman WA President No
Totals (80% turnout) 34 Yes – 27 No