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senate vote 2023-03-22#9
Edited by
mackay staff
on
2023-03-24 17:11:06
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Title
Bills — Referendum (Machinery Provisions) Amendment Bill 2022; in Committee- Referendum (Machinery Provisions) Amendment Bill 2022; in Committee - Exclusion zones and financial disclosure
Description
<p class="speaker">Lidia Thorpe</p><p>I move amendment (1) on sheet 1855 revised:</p><p class="italic">(1) Page 63 (after line 2), at the end of the Bill, add:</p><p class="italic">Schedule 11 — Voter information</p><p class="italic"> <i>Australian Human Rights Commission Act 1986</i></p><p class="italic">1 After paragraph 11(1)(db)</p><p class="italic">Insert:</p><p class="italic">(dc) the functions conferred on the Commission by section 35S; and</p><p class="italic">2 After Division 4B of Part II</p><p class="italic">Insert:</p><p class="italic">Division 4C — Functions relating to impartial referendum information</p><p class="italic">35R Interpretation</p><p class="italic">In this Division:</p><p class="italic"><i>Electoral Commissioner </i>has the same meaning as in the <i>Referendum </i><i>(Machinery Provisions) Act 1984</i>.</p><p class="italic"><i>referendum </i>has the same meaning as in the <i>Referendum (Machinery Provisions) Act 1984</i>.</p><p class="italic"><i>Referendum Minister </i>means the Minister administering the <i>Referendum (Machinery Provisions) Act 1984</i>.</p><p class="italic">35S Functions of Commission relating to impartial referendum information</p><p class="italic">(1) The following functions are conferred on the Commission:</p><p class="italic">(a) to prepare arguments in favour of, and against, a proposed law for the alteration of the Constitution relating to a Voice to Parliament in accordance with subsections (2) and (3);</p><p class="italic">(b) to promote an understanding of the processes relating to referendums in First Nations and culturally diverse communities;</p><p class="italic">(c) to prepare, and to publish in such manner as the Commission considers appropriate, factual and impartial information relating to referendum processes in multiple languages, including First Nations languages;</p><p class="italic">(d) to do anything incidental or conducive to the performance of any of the preceding functions.</p><p class="italic">(2) If a proposed law for the alteration of the Constitution relating to a Voice to Parliament, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors, the Commission must, within 4 weeks after the passage of that proposed law through both Houses of the Parliament, prepare and forward to the Electoral Commissioner:</p><p class="italic">(a) an argument in favour of the proposed law, consisting of not more than 2,000 words; and</p><p class="italic">(b) an argument against the proposed law, consisting of not more than 2,000 words.</p><p class="italic">(3) If a proposed law for the alteration of the Constitution relating to a Voice to Parliament, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors, the Commission must, within 4 weeks after the second passage of that proposed law through that House of the Parliament, prepare and forward to the Electoral Commissioner:</p><p class="italic">(a) an argument in favour of the proposed law, consisting of not more than 2,000 words.</p><p class="italic">(b) an argument against the proposed law, consisting of not more than 2,000 words.</p><p class="italic">(4) This section ceases to have effect at the end of the polling day for the first general election of the members of the House of Representatives held after the commencement of the <i>Referendum (Machinery Provisions) Amendment Act 2023</i>.</p><p class="italic">35T Performance of functions relating to impartial referendum information</p><p class="italic">The Commission may perform the functions referred to in section 35S during the period commencing immediately after either:</p><p class="italic">(a) a proposed law for the alteration of the Constitution relating to a Voice to Parliament is passed by an absolute majority of both Houses of the Parliament; or</p><p class="italic">(b) the second passage of a proposed law for the alteration of the Constitution relating to a Voice to Parliament by an absolute majority of one House of the Parliament only;</p><p class="italic">and ending either:</p><p class="italic">(c) at the end of the voting day for a referendum relating to a Voice to Parliament; or</p><p class="italic">(d) the day after the day the Referendum Minister informs the President that the referendum is not to be held.</p><p class="italic"> <i>Referendum (Machinery Provisions) Act 1984</i></p><p class="italic">3 Paragraph 11(1)(b)</p><p class="italic">Before "within", insert "unless paragraph (c) applies—".</p><p class="italic">4 Afte r paragraph 11(1)(b)</p><p class="italic">Insert:</p><p class="italic">(c) if the proposed law for the alteration of the Constitution relates to a Voice to Parliament—there is forwarded to the Electoral Commissioner by the Australian Human Rights Commission, arguments prepared in accordance with subsection 35S(2) of the <i>Australian Human Rights Commission Act 1986</i>; and</p><p class="italic">5 Paragraph 11(2)(b)</p><p class="italic">Before "within", insert "unless paragraph (c) applies—".</p><p class="italic">6 After paragraph 11(2)(b)</p><p class="italic">Insert:</p><p class="italic">(c) if the proposed law for the alteration of the Constitution relates to a Voice to Parliament—there is forwarded to the Electoral Commissioner by the Australian Human Rights Commission, arguments prepared in accordance with subsection 35S(3) of the <i>Australian Human Rights Commission Act 1986</i>; and</p><p class="italic">7 After subsection 11(2)</p><p class="italic">Insert:</p><p class="italic">(2AA) Paragraphs (1)(c) and (2)(c) cease to have effect at the end of the polling day for the first general election of the members of the House of Representatives held after the commencement of the <i>Referendum (Machinery Provisions) Amendment Act 2023</i>.</p><p>There has been much debate about the 'yes' and 'no' pamphlet being produced by politicians in the so-called two camps. This amendment would take the politics out of preparing essential information about the two cases and put it into the hands of the Australian Human Rights Commission, an entity we all respect, which can ensure that the information provided is correct, factual and provided in clearly accessible terms, ensuring human rights are respected in the process. I urge you all to support this important amendment, as it would vastly improve the process in the upcoming referendum.</p> <p class="speaker">Don Farrell</p><p>I indicate that the government opposes this amendment.</p> <p class="speaker">Jane Hume</p><p>I indicate that the opposition is also opposing this amendment.</p> <p class="speaker">Larissa Waters</p><p>I note that the Greens will be supporting this amendment. As I said in my speech on the second reading, the Greens support the public having access to clear, objective, accurate and respectful information outlining the 'yes' and 'no' cases. For many Australians the implications of a referendum are not clear, and they need to have the confidence that the official material produced in this place will help inform their decision. We have already seen the dangers of misinformation and missing information in the current debate.</p><p>Submitters to the inquiry into this bill and to the various referendum reviews that preceded it have called for an independent panel to produce the official material. That would help ensure that the material was clearly communicated, that it was accurate, that it was unbiased, that it candidly outlined the pros and cons without fearmongering and that it did not include discretionary or racist talking points. The Australian Human Rights Commission is an expert independent and well-respected body. We support the amendment to give them responsibility for producing the materials to help Australians understand the referendum question. Giving people information they can trust will help to ensure that we get a referendum result with integrity.</p><p>I might add that we actually would like to see broader reforms in this space and have truth in political advertising laws, something that we have advocated for for many years now. And I hope that we can have that conversation as well as many others in the course of the JSCEM reforms that are coming down the line. But, in the absence of those laws which actually would have delivered a good and impartial result, we think this is a good suggestion. We will also be supporting Senator Pocock's amendment, which makes a slightly different proposal but with the same intent, to ensure that there's a basis of truth and independence in the preparation of these materials.</p> <p class="speaker">Andrew McLachlan</p><p>I will put the question that the amendment on sheet 1855, standing in the name of Senator Thorpe, be agreed to.</p> <p class="speaker">Lidia Thorpe</p><p>by leave—Can I have my position noted as being in favour of the amendment?</p> <p class="speaker">Andrew McLachlan</p><p>Yes, it will be recorded.</p> <p class="speaker">Larissa Waters</p><p>by leave—Likewise for the Australia Greens, please.</p> <p class="speaker">Andrew McLachlan</p><p>It will be recorded. Senator Pocock, do you wish to be recorded as being in support?</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
- The majority voted against [amendment (1) on sheet 1851 and amendments (1) to (12) on sheet 1815](https://www.openaustralia.org.au/senate/?gid=2023-03-22.367.1) introduced by ACT Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they failed.
- ### What would the amendments have done?
- Senator Pocock [explained that](https://www.openaustralia.org.au/senate/?gid=2023-03-22.367.1):
- > *The first one is about simply having an exclusion zone around polling booths. This is done in Tasmania and the ACT. It works very effectively in taking the heat out of polling booths. In my opinion it's a much nicer experience for voters. Given the sensitivity of this referendum and some of the rhetoric we are already hearing, I believe it is a sensible amendment to ensure that people are safe when they're casting their vote.*
- >
- > *The amendments on sheet 1815 truncate the disclosure time frame. To me it's frankly ridiculous in 2023 that, six months after an election, we find out who funded it. We have plenty of technology to be able to do that in a much more timely manner. I'm proposing seven days to disclose, seven days to make that public. I understand the government's reason—that they're waiting for JSCEM [Joint Standing Committee on Electoral Matters] —but this is something that we know Australians want and something we have the technology to do, and it's disappointing not to have support for a sensible amendment like that.*
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