How David Feeney voted compared to someone who believes that the federal government should restrict foreign ownership within Australia, particularly where foreign ownership would be against the national interest

Division David Feeney Supporters vote Division outcome

11th Sep 2012, 4:09 PM – Senate Documents - Cubbie Station - Foreign investment

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The majority voted against a motion introduced by Greens Senator Sarah Hanson-Young. This means that the motion was rejected.

The motion was:

That the Senate calls on the Government to:

(a) halt the sale of Cubbie Station;(Read more about the sale of Cubbie Station here)

(b) release the written advice provided by the Foreign Investment Review Board to the Treasurer ( Mr Swan) regarding the proposed sale of Cubbie Station announced on Friday, 31 August 2012; and

(c) complete and release a national audit of foreign ownership of water entitlements.

References

absent Yes Not passed by a modest majority

11th Sep 2012, 3:45 PM – Senate Motions - Cubbie Station - Foreign investment

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The majority voted in favour of a motion introduced by Liberal Senator Helen Kroger, which means that it was successful.

The motion was about the sale of Cubbie Station to a foreign-owned company and an Australia-owned company. The sale was controversial because it gave the foreign-owned company 80% initial ownership and, as explained by Senator Kroger, the Station is "one of Australia's most valuable irrigation properties, with a water licence equal to 6 per cent of the water use in the northern Murray-Darling Basin"

Wording of the motion

That the Senate:

(a)   notes that:

(i)   there is bipartisan support for foreign investment, provided that the particular foreign investment is not contrary to the national interest,

(ii)   the Treasurer ( Mr Swan) has approved the potential sale of Cubbie Station to a consortium 80 per cent owned by Shandong RuYi Scientific and Technological Group Co Ltd,

(iii)   the Treasurer has failed to explain why the potential sale to a majority foreign-owned consortium of one of Australia's most valuable irrigation properties, with a water licence equal to 6 per cent of the water use in the northern Murray-Darling Basin, is not contrary to the national interest, and

(iv)   Annex II of the Treasurer's own policy on foreign investment requires him to consider the effect of the proposal on:

(A)   the quality and availability of Australia's agricultural resources, including water,

(B)   land access and use,

(C)   agricultural production and productivity,

(D)   Australia's capacity to remain a reliable supplier of agricultural production both to the Australian community and our trading partners,

(E)    biodiversity, and

(F)   employment and prosperity in Australia's local and regional communities;

(b)   calls on the Treasurer to provide a statement detailing:

(i)   how the Treasurer determined the ownership and control of the consortium, particularly in the context of the national interest,

(ii)   why the Treasurer did not publish an interim order to extend the period of consideration by 90 days as required by Australia's Foreign Investment Policy, and

(iii)   why the sale is not contrary to the national interest and release the advice to the Treasurer from the Foreign Investment Review Board (FIRB) and associated documents, including what, if any, other options were considered; and

(c)   calls on the Government to ensure that foreign investment transactions are transparent by:

(i)   establishing a publicly available national register of all foreign acquisitions of Australian agricultural land,

(ii)   reducing the financial threshold for FIRB examination of foreign acquisitions of Australian agricultural land, and

(iii)   ensuring that at least one member of FIRB has experience in agricultural management.

No Yes Passed by a small majority

2nd Feb 2010, 6:08 PM – Senate Foreign Acquisitions and Takeovers Amendment Bill 2009 - Second Reading - Add an amendment

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The majority voted against an amendment introduced by Independent Senator Nick Xenophon and co-sponsored by Greens Senator Scott Ludlam. This means that the amendment was unsuccessful.

The amendment would have added the following after the words "That these bills be now read a second time":

...but the Senate calls on the Government to bring forward the changes to law and policy necessary to ensure that:

(a) foreign governments cannot use corporate vehicles they control to purchase strategic assets within Australia;

(b) for non-state-owned entities, a ‘related entity’ test is applied, so that different entities under the same ultimate majority control are treated as one entity in assessing whether an acquisition will result in more than 10 percent of control of any strategic asset market in Australia;

(c) the Foreign Investment Review Board (FIRB), in considering decisions on foreign ownership, is required to assess whether Australia has reciprocal rights of investment in the proposer’s country;

(d) effective laws are in place to prevent creeping acquisitions by foreign, state-owned entities of Australian businesses and assets;

(e) the FIRB provides clear criteria of what the ‘national interest’ test is;

(f) abbreviated versions of FIRB advice to the Minister are tabled in both Houses of the Parliament;

(g) clear definitions are advanced of ‘community interest’ and ‘common standards of business behaviour’, and major investment proposals are subjected to rigorous public scrutiny to ensure that they meet genuine common standards of business behaviour; and

(h) the human rights records of the country of state-owned entities seeking to invest in Australia be a key factor during consideration by the FIRB, and that all foreign non-state-owned entities be subject to consideration of their other investment activities and whether these conflict with Australia’s ethical positions.

Background to the bill

The bill amends the Foreign Acquisitions and Takeovers Act 1975 so that foreign investors are required to notify the Treasurer where there is a possibility (either now or in the future) that an investment arrangement will deliver influence or control over an Australian company's business or assets.(Read more about the bill, including its explanatory memoranda, here. Its bills digest (298 KB) also contains useful information.)

References

No Yes Not passed by a large majority

How "voted strongly for" is worked out

The MP's votes count towards a weighted average where the most important votes get 50 points, less important votes get 10 points, and less important votes for which the MP was absent get 2 points. In important votes the MP gets awarded the full 50 points for voting the same as the policy, 0 points for voting against the policy, and 25 points for not voting. In less important votes, the MP gets 10 points for voting with the policy, 0 points for voting against, and 1 (out of 2) if absent.

Then, the number gets converted to a simple english language phrase based on the range of values it's within.

No of votes Points Out of
Most important votes (50 points)      
MP voted with policy 3 150 150
MP voted against policy 0 0 0
MP absent 0 0 0
Less important votes (10 points)      
MP voted with policy 0 0 0
MP voted against policy 2 0 20
Less important absentees (2 points)      
MP absent* 1 1 2
Total: 151 172

*Pressure of other work means MPs or Senators are not always available to vote – it does not always indicate they have abstained. Therefore, being absent on a less important vote makes a disproportionatly small difference.

Agreement score = MP's points / total points = 151 / 172 = 88%.

And then