The majority voted against an amendment introduced by Queensland Senator Larissa Waters (Greens), which means it failed.

What does the amendment do?

Senator Waters explained that:

This amendment pertains to on-the-day enrolment not just for First Nations people but for anyone who wishes to have their voice heard in this and any other referendum, who has not been able for a variety of legitimate reasons to be able to enrol themselves prior to election day. As I said in my second reading speech, this bill is an important and timely opportunity to improve enfranchisement, particularly for First Nations communities and particularly on this topic, and we must not waste the opportunity. The government have consistently said that they want the referendum to be as close as possible to a normal election, but in the last election many people missed out on voting. That's something that we need to fix rather than replicate.

Amendment text

(1) Page 63 (after line 2), at the end of the Bill, add:

Schedule 9 — Provisional voting

Referendum (Machinery Provisions) Act 1984

1 After subsection 4(1)


(1A) Despite subsection (1), a person is entitled to vote at a referendum if the person makes a claim for enrolment under paragraph 37(1)(f).

2 At the end of subsection 37(1)


; or (f) the person wishes to make a claim for enrolment and each of the following applies:

(i) the person's name cannot be found on the certified list of voters, or an approved list of voters, for the Division for which the person claims to vote;

(ii) the person is entitled to enrolment and to vote under section 93 of the Commonwealth Electoral Act 1918.

3 After subsection 37(1)


(1AA) A person who wishes to make a claim for enrolment under paragraph (1)(f) may be asked to satisfy the identity requirements under subsection 98AA(2) of the Commonwealth Electoral Act 1918.

(1AB) A person who wishes to make a claim for enrolment under paragraph (1)(f) and casts a provisional vote is deemed to have made a claim for enrolment for the purposes of section 98 of the Commonwealth Electoral Act 1918.

4 Subsection 37(2)

Omit "or claims to be", substitute "claims to be, or wishes to be".

Votes Not 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 (60% turnout) 0 Yes 15 No
Tim Ayres NSW No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Don Farrell SA No
Nita Green Queensland No
Karen Grogan SA No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Catryna Bilyk Tasmania Absent
Patrick Dodson WA Absent
Katy Gallagher ACT Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Murray Watt Queensland Absent
Linda White Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Absent
Andrew McLachlan SA Deputy President No
David Pocock ACT Independent Yes
Lidia Thorpe Victoria Independent Absent
Jacqui Lambie Network (50% turnout) 1 Yes 0 No
Tammy Tyrrell Tasmania Yes
Jacqui Lambie Tasmania Absent
Liberal National Party (0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (22% turnout) 0 Yes 5 No
Wendy Askew Tasmania No
Sarah Henderson Victoria No
Jane Hume Victoria No
Kerrynne Liddle SA No
Matt O'Sullivan WA 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
Richard Colbeck Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Hollie Hughes NSW Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Gerard Rennick Queensland Absent
Linda Reynolds WA Absent
Anne Ruston SA 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 No
Ralph Babet Victoria United Australia Party No
Totals (51% turnout) 15 Yes – 23 No