The majority voted against amendments introduced by Victorian Senator Ralph Babet (United Australia Party), which means they failed

What did the amendments do?

Senator Babet explained that:

My intent in proposing these two amendments is as follows. Amendment (1) amends subsection 19A(11) of the TGA Act 1989 to provide that approvals made by the secretary are legislative instruments and will therefore be subject to disallowance under section 42 of the Legislation Act 2003. Quite simply, we're seeking to ensure proper oversight and political accountability for decisions made by the secretary as a result of proposed amendments. I believe that in the bill as it is written right now there appears to be a lack of accountability and too much power placed in one person's hand.

Amendment (2) is designed to serve two functions. It will ensure that there is ministerial oversight and that, before giving notice of approval, the secretary must first give notice to the minister and seek their agreement. We have proposed that the minister be asked to provide their agreement or objection within 14 days or otherwise is considered to have been given.

Amendment text

(1) Schedule 9, item 5, page 27 (lines 30 and 31), omit the item, substitute:

5 Subsection 19A(11)

Repeal the subsection, substitute:

(11) An approval under subsection (1), (1A), (2), (2A) or (2B) is a legislative instrument.

(2) Schedule 9, page 27 (after line 31), after item 5, insert:

5A At the end of section 19A


(12) If the Secretary intends to grant an approval under this section, then prior to granting the approval, the Secretary must:

(a) give a notice (a ministerial notice) to the Minister in accordance with the requirements in subsection (13); and

(b) receive the agreement of the Minister.

(13) The ministerial notice must:

(a) be in writing; and

(b) include:

(i) the reasons for granting the approval; and

(ii) the conditions (if any) that are to be specified in the notice of approval; and

(iii) the period to be specified in the notice of approval; and

(c) seek the agreement of the Minister to the approval; and

(d) request that the Minister agree to, or object to, the approval before the end of 14 days beginning on the day the ministerial notice is given to the Minister.

(14) If the Minister does not agree to, or object to, the approval within 14 days, then at the end of that period the Minister is taken to have agreed to the notice of approval.

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Greens (109% turnout) 0 Yes 12 No
Penny Allman-Payne Queensland No
Dorinda Cox WA No
Mehreen Faruqi NSW No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Barbara Pocock SA No
Janet Rice Victoria No
David Shoebridge NSW No
Jordon Steele-John WA No
Lidia Thorpe Victoria No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Australian Labor Party (72% turnout) 0 Yes 18 No
Tim Ayres NSW No
Anthony Chisholm Queensland No
Katy Gallagher ACT No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW 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
Glenn Sterle WA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Murray Watt Queensland No
Linda White Victoria No
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Malarndirri McCarthy NT Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Absent
Andrew McLachlan SA Deputy President Absent
David Pocock ACT Independent No
Lidia Thorpe Victoria Independent Absent
Jacqui Lambie Network (0% turnout) Absent
Jacqui Lambie Tasmania Absent
Tammy Tyrrell Tasmania Absent
Liberal National Party (0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (17% turnout) 0 Yes 4 No
Wendy Askew Tasmania No
Richard Colbeck Tasmania No
Sarah Henderson Victoria No
Anne Ruston SA No
Alex Antic SA Absent
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Slade Brockman WA Absent
Michaelia Cash WA Absent
Claire Chandler Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Kerrynne Liddle SA Absent
Matt O'Sullivan WA Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Gerard Rennick Queensland Absent
Linda Reynolds WA Absent
Paul Scarr Queensland Absent
Dean Smith WA Absent
David Van Victoria Absent
National Party (0% turnout) Absent
Ross Cadell NSW Absent
Perin Davey NSW Absent
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (50% turnout) 1 Yes 0 No
Malcolm Roberts Queensland Yes
Pauline Hanson Queensland Absent
Sue Lines WA President Absent
Ralph Babet Victoria United Australia Party Yes
Totals (49% turnout) 2 Yes – 35 No