19 Nov 2024 · 3:49 PM · Division 1
Legal and Constitutional Affairs Legislation Committee
- Official title
- Committees — Legal and Constitutional Affairs Legislation Committee; Reference
Noes in the majority
This says only which side won the vote, because what Aye and No meant here depends on the exact question put in the chamber.
- Aye
- 14
- No
- 32
- Not recorded voting
- 30
“Not recorded voting” is everyone eligible who isn't recorded as Aye or No, for example absent, paired, or presiding.
What was decided
No plain-English summary has been written for this division yet. The official title above is the most reliable description of the question.
Text recorded with this division
Anne Urquhart
On behalf of Senator Green, I move:
That the provisions of the Migration Amendment Bill 2024 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 November 2024.
Malcolm Roberts
I seek leave to make a short statement.
Sue Lines
Leave is granted for one minute.
Malcolm Roberts
We support the referral. Since the High Court held that forced ankle bracelets and curfews on ex-detainees are unconstitutional and punitive in the case of YBFZ, the government has indicated it wants to legislate to empower the minister to enforce these measures for the purpose of achieving safety in the community. This bill will fail for the same reason the High Court held in YBFZ. What is needed is legislation to widen the power of the judiciary to order these measures instead of leaving it to the minister who is part of the executive, thereby ensuring the separation of powers.
Nick McKim
by leave—I move:
Omit "26 November 2024", substitute "4 February 2025".
Just so folks are clear, the amendment omits the words 26 November 2024 and substitutes instead 4 February 2025.
Sue Lines
The question is that the amendment as moved by Senator McKim to business of the Senate No. 3 be agreed to.
A division having been called and the bells being rung—
Lidia Thorpe
President, you stopped me from going overseas next week, did you? You didn't even have the courtesy to tell me.
Sue Lines
Come to order, Senator Thorpe!
Lidia Thorpe
You stopped me from going overseas. Shame on you.
Sue Lines
Senator Thorpe, come to order!
This is the question as put in the chamber, with the name of the member who spoke before the vote. It isn't a summary of the bill or motion.
Votes by party
Votes by party as a table
| Party | Aye | No |
|---|---|---|
| Australian Labor Party | 2 | 20 |
| Australian Greens | 9 | 0 |
| Liberal Party | 0 | 8 |
| Independent | 2 | 0 |
| Australia's Voice | 1 | 0 |
| Jacqui Lambie Network | 0 | 1 |
| Liberal National Party | 0 | 1 |
| Senate President | 0 | 1 |
| Pauline Hanson's One Nation Party | 0 | 1 |
How each member voted
Aye · 14
- Fatima PaymanWA · Australia's Voice
- Mehreen FaruqiNSW · Greens
- Sarah Hanson-YoungSA · Greens
- Steph Hodgins-MayVictoria · Greens
- Nick McKimTasmania · Greens
- Barbara PocockSA · Greens
- David ShoebridgeNSW · Greens
- Jordon Steele-JohnWA · Greens
- Larissa WatersQueensland · Greens
- Peter Whish-WilsonTasmania · Greens
- Dorinda CoxWA · Labor
- Tammy TyrrellTasmania · Labor
- David PocockACT · Independent
- Lidia ThorpeVictoria · Independent
No · 32
- Tim AyresNSW · Labor
- Catryna BilykTasmania · Labor
- Carol BrownTasmania · Labor
- Anthony ChisholmQueensland · Labor
- Raff CicconeVictoria · Labor
- Lisa DarmaninVictoria · Labor
- Don FarrellSA · Labor
- Varun GhoshWA · Labor
- Nita GreenQueensland · Labor
- Karen GroganSA · Labor
- Jenny McAllisterNSW · Labor
- Malarndirri McCarthyNT · Labor
- Deborah O'NeillNSW · Labor
- Helen PolleyTasmania · Labor
- Tony SheldonNSW · Labor
- Marielle SmithSA · Labor
- Glenn SterleWA · Labor
- Jana StewartVictoria · Labor
- Anne UrquhartBraddon · Labor
- Jess WalshVictoria · Labor
- Jacqui LambieTasmania · Jacqui Lambie Network
- Matthew CanavanQueensland · LNP
- Wendy AskewTasmania · Liberal
- Andrew BraggNSW · Liberal
- Richard ColbeckTasmania · Liberal
- Jonathon DuniamTasmania · Liberal
- Sarah HendersonVictoria · Liberal
- Andrew McLachlanSA · Liberal
- Gerard RennickQueensland · Liberal
- Anne RustonSA · Liberal
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