edited
7th Oct 2014
Trade Practices Amendment (Australian Consumer Law) Bill 2009 — In Committee — Additional fees for payment in person or in cash
Not passed by a large majority
No rebellions 57% attendance
16th Mar 2010, 6:59 PM – Senate Trade Practices Amendment (Australian Consumer Law) Bill 2009 — In Committee - Sending private information offshore
Summary
EditThe majority voted against an amendment introduced by Independent Senator Nick Xenophon, which means that it was unsuccessful.
Senator Xenophon explained that: "Currently, data, including credit card numbers, passport details, PINs, licence numbers, marital status, home address and employment details can be, and are, sent to offshore locations without a customer’s consent". This amendment, he said, "will require banking institutions to obtain written, informed consent from customers before their personal information can be transferred to a person outside Australia".(Read Senator Xenophon's full explanation of the amendment and the associated debate here, after 6:48 pm. )
Background to the bill
The bill was introduced in response to an inquiry by the Productivity Commission into the consumer policy framework and a subsequent government consultation.(Read about that inquiry and the subsequent government consultation in the bills digest. ) It is the first of two bills to implement a national consumer law regime, to be called the Australian Consumer Law. This first bill will set the ground work for the regime and will only introduce the provisions about unfair contract terms, which are terms "that disadvantage one party but that are not reasonably necessary to protect the legitimate interests of the other".(More information about this bill and its soon-to-be-introduced counterpart can be found in the bills digest.)
The second bill, which has not yet been introduced, will implement the bulk of the Australian Consumer Law reforms.
Votes Not passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 5 Yes – 0 No | |
| Bob Brown Tasmania | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Scott Ludlam WA | Yes | |
| Christine Milne Tasmania | Yes | |
| Rachel Siewert WA | Yes | |
| Australian Labor Party (48% turnout) | 0 Yes – 15 No | |
| Catryna Bilyk Tasmania | No | |
| Carol Brown Tasmania | No | |
| Trish Crossin NT | No | |
| Chris Evans WA | No | |
| David Feeney Victoria | No | |
| Mark Furner Queensland | No | |
| Annette Hurley SA | No | |
| Joe Ludwig Queensland | No | |
| Gavin Marshall Victoria | No | |
| Anne McEwen SA | No | |
| Jan McLucas Queensland | No | |
| Claire Moore Queensland | No | |
| Helen Polley Tasmania | No | |
| Louise Pratt WA | No | |
| Ursula Stephens NSW | No | |
| Mark Arbib NSW | Absent | |
| Mark Bishop WA | Absent | |
| Doug Cameron NSW | Absent | |
| Kim Carr Victoria | Absent | |
| Jacinta Collins Victoria | Absent | |
| Stephen Conroy Victoria | Absent | |
| Don Farrell SA | Absent | |
| John Faulkner NSW | Absent | |
| Michael Forshaw NSW | Absent | |
| Steve Hutchins NSW | Absent | |
| Kate Lundy ACT | Absent | |
| Kerry O'Brien Tasmania | Absent | |
| Nick Sherry Tasmania | Absent | |
| Glenn Sterle WA | Absent | |
| Penny Wong SA | Absent | |
| Dana Wortley SA | Absent | |
| Nigel Scullion NT Country Liberal Party | Absent | |
| Alan Ferguson SA Deputy President | Absent | |
| Steve Fielding Victoria Family First Party | Yes | |
| Nick Xenophon SA Independent | Yes | |
| Liberal Party (20% turnout) | 0 Yes – 6 No | |
| Judith Adams WA | No | |
| Guy Barnett Tasmania | No | |
| Simon Birmingham SA | No | |
| Richard Colbeck Tasmania | No | |
| Concetta Fierravanti-Wells NSW | No | |
| Stephen Parry Tasmania | No | |
| Eric Abetz Tasmania | Absent | |
| Christopher Back WA | Absent | |
| Cory Bernardi SA | Absent | |
| Sue Boyce Queensland | Absent | |
| George Brandis Queensland | Absent | |
| David Bushby Tasmania | Absent | |
| Michaelia Cash WA | Absent | |
| Helen Coonan NSW | Absent | |
| Mathias Cormann WA | Absent | |
| Alan Eggleston WA | Absent | |
| Mitch Fifield Victoria | Absent | |
| Mary Fisher SA | Absent | |
| Bill Heffernan NSW | Absent | |
| Gary Humphries ACT | Absent | |
| David Johnston WA | Absent | |
| Helen Kroger Victoria | Absent | |
| Ian Macdonald Queensland | Absent | |
| Brett Mason Queensland | Absent | |
| Nick Minchin SA | Absent | |
| Marise Payne NSW | Absent | |
| Michael Ronaldson Victoria | Absent | |
| Scott Ryan Victoria | Absent | |
| Judith Troeth Victoria | Absent | |
| Russell Trood Queensland | Absent | |
| National Party (60% turnout) | 0 Yes – 3 No | |
| Ron Boswell Queensland | No | |
| Barnaby Joyce Queensland | No | |
| John Williams NSW | No | |
| Julian McGauran Victoria | Absent | |
| Fiona Nash NSW | Absent | |
| John Hogg Queensland President | Absent | |
| Totals (41% turnout) | 7 Yes – 24 No |
Turnout is the percentage of members eligible to vote that did vote.