Summary

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The majority disagreed with Greens Senator Penny Wright's amendments to the proposed paragraphs that relate to issuing and varying control orders.

The amendments

The three amendments would have replaced sections that allow control orders to be issued or varied in order to prevent a person from providing support for or facilitating a terrorist act. Instead, the amendments would have required that the person has provided support for or otherwise facilitated such acts.

In other words, the bill currently allows for an interim control order to be issued or varied before any support or facilitation has occurred, whereas the amendment would have required that that support or facilitation has already been provided.

Expand control order regime

The expansion of the control order regime that is proposed in this bill is described in the bills digest as "significant and warrant[ing] close scrutiny".

The greatest concern is the lack of clarity relating to what constitutes ‘support’ for or ‘facilitation’ of a terrorist act or engagement in hostile activities in a foreign country, because the two terms are undefined (see bills digest).

Background to the bill

This bill is the third that has been introduced since mid-2014. A number of incidents have happened before and during the course of the introduction of these bills.

There was one of the biggest counter-terrorism operations in Australian history. The Prime Minister Tony Abbott also confirmed that Australia would be sending the military to Iraq to fight the Islamic State (IS) (also known as the Islamic State of Iraq and Syria (ISIS) or the Islamic State of Iraq and the Levant (ISIL)).

The scope of this bill is narrower than the earlier two but, as mentioned above, some of its measures are "significant and warrant close scrutiny" (see bills digest). In particular, the proposed expansion of the control order regime (see above) and measures that would allow the heads of Australian Secret Intelligence Service (ASIS), Australian Signals Directorate (ASD) and Australian Geospatial-Intelligence Organisation (AGO) to authorise activities in place of ministers in emergency circumstances.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 10 Yes 0 No
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Scott Ludlam WA Yes
Christine Milne Tasmania Yes
Lee Rhiannon NSW Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Penny Wright SA Yes
Australian Labor Party (63% turnout) 0 Yes 15 No
Carol Brown Tasmania No
Joe Bullock WA No
Doug Cameron NSW No
Jacinta Collins Victoria No
Alex Gallacher SA No
Chris Ketter Queensland No
Joe Ludwig Queensland No
Kate Lundy ACT No
Jan McLucas Queensland No
Claire Moore Queensland No
Deborah O'Neill NSW No
Nova Peris NT No
Lisa Singh Tasmania No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Catryna Bilyk Tasmania Absent
Kim Carr Victoria Absent
Stephen Conroy Victoria Absent
Sam Dastyari NSW Absent
John Faulkner NSW Absent
Sue Lines WA Absent
Anne McEwen SA Absent
Helen Polley Tasmania Absent
Penny Wong SA Absent
Ricky Muir Victoria Australian Motoring Enthusiast Party No
Nigel Scullion NT Country Liberal Party Absent
Gavin Marshall Victoria Deputy President Absent
Bob Day SA Family First Party No
Jacqui Lambie Tasmania Independent Absent
John Madigan Victoria Independent Absent
Nick Xenophon SA Independent Absent
David Leyonhjelm NSW Liberal Democratic Party Yes
Liberal National Party (50% turnout) 0 Yes 1 No
James McGrath Queensland No
Matthew Canavan Queensland Absent
Liberal Party (40% turnout) 0 Yes 10 No
Christopher Back WA No
George Brandis Queensland No
David Bushby Tasmania No
David Fawcett SA No
Ian Macdonald Queensland No
Linda Reynolds WA No
Anne Ruston SA No
Zed Seselja ACT No
Arthur Sinodinos NSW No
Dean Smith WA No
Eric Abetz Tasmania Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Mathias Cormann WA Absent
Sean Edwards SA Absent
Concetta Fierravanti-Wells NSW Absent
Mitch Fifield Victoria Absent
Bill Heffernan NSW Absent
David Johnston WA Absent
Brett Mason Queensland Absent
Marise Payne NSW Absent
Michael Ronaldson Victoria Absent
Scott Ryan Victoria Absent
National Party (100% turnout) 0 Yes 4 No
Bridget McKenzie Victoria No
Fiona Nash NSW No
Barry O'Sullivan Queensland No
John Williams NSW No
Palmer United Party (100% turnout) 0 Yes 2 No
Glenn Lazarus Queensland No
Dio Wang WA No
Stephen Parry Tasmania President Absent
Totals (59% turnout) 11 Yes – 34 No