The majority voted in favour of a motion to keep schedule 1 of the bill unchanged. This vote occurred after the Opposition proposed to remove that schedule.

What does schedule 1 do?

The explanatory memorandum - which is prepared by the Government, who introduced the bill - describes it like this:

Schedule 1 to the Bill inserts Part IVBB into the CCA [Competition and Consumer Act 2010] to create an overarching framework to enable the Government to regulate the gas market. Two kinds of legislative instruments will underpin the new framework; gas market codes and gas market emergency price orders. These instruments are collectively referred to as gas market instruments.

First, the Governor-General may, through regulations, make gas market codes. Gas market codes may prescribe a broad range of matters relating to the supply and acquisition of gas commodities, including:

  • regulating dealings between persons who supply or acquire a gas commodity, including negotiations between them; and

  • dealing with and resolving disputes or complaints between persons who supply or acquire a gas commodity.

Second, the Minister may make gas market emergency price orders regulating the terms on which gas commodities are supplied or acquired, specifically including price. A gas market emergency price order is designed to provide short-term relief from the current energy crisis. The Minister’s power to make gas market emergency price orders sunsets 12 months after the commencement of any order, or 12 months after commencement of the enabling provision in Schedule 1 to the Bill if no order is made. The Minister must consult the ACCC [Australian Competition and Consumer Commission] prior to making a gas market emergency price order, and an order is automatically repealed after 12 months. Gas market emergency price orders provide the basis for emergency price regulation of gas, primarily to reduce domestic prices and address the current energy crisis.

Schedule 1 to the Bill includes a range of mechanisms that are aimed at detecting, deterring and addressing non-compliance with Part IVBB and gas market instruments. The ACCC has the power to require the production of certain information and documents, investigate suspected non-compliance and utilise a range of sanctions that are appropriate and proportionate to the non-compliance.

The consequences of contravening relevant provisions of Part IVBB or a gas market instrument include civil penalties, infringement notices, warning notices and orders under Part VI.

Schedule 1 to the Bill prohibits avoidance schemes that are designed to avoid the application of a civil penalty provision of a gas market instrument.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (58% turnout) 7 Yes 0 No
Penny Allman-Payne Queensland Yes
Dorinda Cox WA Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
David Shoebridge NSW Yes
Larissa Waters Queensland Yes
Barbara Pocock SA Absent
Janet Rice Victoria Absent
Jordon Steele-John WA Absent
Lidia Thorpe Victoria Absent
Peter Whish-Wilson Tasmania Absent
Australian Labor Party (76% turnout) 19 Yes 0 No
Tim Ayres NSW Yes
Catryna Bilyk Tasmania Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Patrick Dodson WA Yes
Katy Gallagher ACT Yes
Karen Grogan SA Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Fatima Payman WA Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Marielle Smith SA Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Linda White Victoria Yes
Carol Brown Tasmania Absent
Don Farrell SA Absent
Nita Green Queensland Absent
Tony Sheldon NSW Absent
Jana Stewart Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party No
Andrew McLachlan SA Deputy President No
David Pocock ACT Independent Yes
Jacqui Lambie Network (50% turnout) 1 Yes 0 No
Tammy Tyrrell Tasmania Yes
Jacqui Lambie Tasmania Absent
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (58% turnout) 0 Yes 14 No
Alex Antic SA No
Wendy Askew Tasmania No
Slade Brockman WA No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Kerrynne Liddle SA No
Gerard Rennick Queensland No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Dean Smith WA No
David Van Victoria No
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Claire Chandler Tasmania Absent
Sarah Henderson Victoria Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Jim Molan NSW Absent
Matt O'Sullivan WA Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
National Party (100% turnout) 0 Yes 4 No
Ross Cadell NSW 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
Sue Lines WA President Yes
Ralph Babet Victoria United Australia Party Absent
Totals (68% turnout) 29 Yes – 23 No