Summary

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The majority voted in favour of a motion that the bills be read a second time, which is parliamentary jargon for agreeing with the main idea of the bills. This means the Senate will now discuss the bills in more detail.

What does this bills do?

Note that the Australian Naval Nuclear Power Safety Bill 2024 was formerly known as the Australian Naval Nuclear Power Safety Bill 2023.

The bills digest sets out the following key points in respect to the bills:

The Australian Naval Nuclear Power Safety Bill 2023 (ANNPS Bill) establishes a new regulatory framework to promote and regulate the nuclear safety of activities relating to AUKUS submarines. The framework would apply to Australian submarines and, in more limited circumstances, to activities related to UK/US submarines.

The ANNPS Bill establishes a new regulator, the Australian Naval Nuclear Power Safety Regulator. The Regulator would be able to grant Australian naval nuclear power safety licences to Commonwealth-related persons for 3 types of regulated activities in designated zones. The Regulator would have a range of compliance and enforcement powers.

The Minister would be able to give the Regulator directions ‘if it is necessary … in the interests of national security and to deal with an emergency’.

The ANNPS Bill provides for a range of matters to be established in regulations and contains few transparency mechanisms.

The Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023 (Transitional Provisions Bill) provides for the transfer of existing licences granted under the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act) to Australian naval nuclear power safety licences under the Australian Naval Nuclear Power Safety Act 2024 for activities that would become regulated activities under that Act.

The Bills have been referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 26 April 2024.

The Senate Scrutiny of Bills Committee raised a number of concerns with the ANNPS Bill and has sought further information from the Minister.

Error in the record

Note that West Australian Senator Fatima Payman (Independent), Queensland Senator Gerard Rennick (Independent) and Tasmanian Senator Tammy Tyrrell (Independent) are currently listed as a rebel voters but this is inaccurate because these senators are all now independent senators.

Votes Passed by a small majority

There were 2 rebellions in this division.

  • Fatima Payman voted No against the majority of the Australian Labor Party.
  • Gerard Rennick voted No against the majority of the Liberal Party.
Party Votes
Australian Greens (91% turnout) 0 Yes 10 No
Penny Allman-Payne Queensland No
Dorinda Cox WA No
Mehreen Faruqi NSW No
Sarah Hanson-Young SA No
Steph Hodgins-May Victoria No
Nick McKim Tasmania No
Barbara Pocock SA No
David Shoebridge NSW No
Jordon Steele-John WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania Absent
Australian Labor Party (96% turnout) 22 Yes 1 No
Tim Ayres NSW Yes
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Lisa Darmanin Victoria Yes
Don Farrell SA Yes
Katy Gallagher ACT Yes
Varun Ghosh WA Yes
Nita Green Queensland Yes
Karen Grogan SA Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Marielle Smith SA Yes
Glenn Sterle WA Yes
Jana Stewart Victoria Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Fatima Payman WA No
Tony Sheldon NSW 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 No
Fatima Payman WA Independent Absent
Gerard Rennick Queensland Independent Absent
Tammy Tyrrell Tasmania Independent Absent
David Van Victoria Independent Absent
Tammy Tyrrell Tasmania Jacqui Lambie Network Yes
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (18% turnout) 3 Yes 1 No
Wendy Askew Tasmania Yes
Claire Chandler Tasmania Yes
Paul Scarr Queensland Yes
Gerard Rennick Queensland No
Alex Antic SA Absent
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Slade Brockman WA Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Sarah Henderson Victoria Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Maria Kovacic NSW Absent
Kerrynne Liddle SA Absent
Matt O'Sullivan WA Absent
James Paterson Victoria Absent
Linda Reynolds WA Absent
Anne Ruston SA Absent
Dave Sharma NSW Absent
Dean Smith WA 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) 0 Yes 1 No
Malcolm Roberts Queensland No
Pauline Hanson Queensland Absent
Sue Lines WA President Absent
Ralph Babet Victoria United Australia Party Yes
Totals (57% turnout) 27 Yes – 16 No