Summary

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The majority voted in favour of a motion introduced by Queensland Senator Penny Allman-Payne (Greens), which means it passed.

Motion text

That the Senate

(a) notes that:

(i) order for production of documents no. 69 (the order) agreed by the Senate on 27 October 2022, requiring the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to table documents in relation to The Gabba Stadium project and impacts on East Brisbane State School has not been complied with,

(ii) the Minister for Infrastructure, Transport, Regional Development and Local Government, in their response to the order, made a claim of public interest immunity on the basis that it would damage relations between the Commonwealth and states, citing concerns that disclosure of the information would harm the Commonwealth's ongoing relationship with a state government on this and future infrastructure arrangements;

(iii) on 24 November 2022, the Senate rejected the public interest immunity claim made by the Minister for Infrastructure, Transport, Regional Development and Local Government,

(iv) on 29 November 2022, the Minister for Infrastructure, Transport, Regional Development and Local Government maintained the same public interest immunity claim which was rejected by the Senate,

(v) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and

(vi) no such agreement has been sought, nor has the Senate been advised of any objections from the Queensland Government;

(b) requires the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to attend the chamber immediately prior to proposals being considered under standing order 75 on 8 February 2023, to provide an explanation, of no more than 5 minutes, of the failure to comply with the order, and why the Government has not complied with the motion (no. 92) concerning compliance with the order, which states 'the public has a right to know the details of, and deliberations on, infrastructure projects such as the Gabba Stadium project and impacts on surrounding infrastructure';

(c) any senator may move to take note of the explanation required by paragraph (b); and

(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (109% turnout) 12 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
Barbara Pocock SA Yes
Janet Rice Victoria Yes
David Shoebridge NSW Yes
Jordon Steele-John WA Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (88% turnout) 0 Yes 22 No
Tim Ayres NSW No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Patrick Dodson WA No
Don Farrell SA No
Katy Gallagher ACT No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Murray Watt Queensland No
Linda White Victoria No
Glenn Sterle WA Absent
Jana Stewart Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Yes
David Pocock ACT Independent Yes
Lidia Thorpe Victoria Independent Absent
Jacqui Lambie Network (100% turnout) 2 Yes 0 No
Jacqui Lambie Tasmania Yes
Tammy Tyrrell Tasmania Yes
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (87% turnout) 20 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Andrew Bragg NSW Yes
Slade Brockman WA Yes
Michaelia Cash WA Yes
Claire Chandler Tasmania Yes
Richard Colbeck Tasmania Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Sarah Henderson Victoria Yes
Kerrynne Liddle SA Yes
Matt O'Sullivan WA Yes
James Paterson Victoria Yes
Marise Payne NSW Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Dean Smith WA Yes
David Van Victoria Yes
Simon Birmingham SA Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
National Party (75% turnout) 3 Yes 0 No
Ross Cadell NSW Yes
Perin Davey NSW Yes
Susan McDonald Queensland Yes
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Yes
Totals (91% turnout) 45 Yes – 23 No