edited
3rd Dec 2016
Criminal Code Amendment (War Crimes) Bill 2016 - Second Reading - More scrutiny
Not passed by a modest majority
No rebellions 63% attendance
1st Dec 2016, 2:01 PM – Senate Criminal Code Amendment (War Crimes) Bill 2016 - Third Reading - Pass the bill
Summary
EditThe majority voted in favour of passing the bill in the Senate. In parliamentary jargon, they voted to read it for a third time. Because the bill has already been passed in the House of Representatives, it will now become law.
What does this bill do?
According to the bills digest, the bill:
... proposes to amend the war crimes offences ... to address some anomalies in the treatment of acts done in the course of a ‘non‑international armed conflict’ with the requirements of international humanitarian law (IHL). These anomalies ... are said to limit the capability of the Australian Defence Force (ADF) to undertake international security operations, and may expose members of the ADF to domestic criminal liability despite acting in compliance with the requirements of IHL.
Why didn't the Greens support the bill?
Only the senators from the Australian Greens Party voted against this bill. Tasmanian Greens Senator Nick McKim explained why during his second reading speech. Here's part of what he said:
I think all of us in this chamber would agree it is vitally important to make sure we are all on the same page on what constitutes a war crime in this changing environment and to make sure that our understanding is aligned with international law. Unfortunately, as we have seen so often, the government has fluffed this legislation. In particular, the Attorney-General has fluffed it, which is unsurprising, given his record of political fluffing. In seeking to provide clarity for the ADF, the government has, as it often does, gone too far. Backed by the ALP, it is proposing to weaken safeguards that protect civilians when our forces are involved in overseas conflicts. This is irresponsible and it is negligent. It fails the Australian people, it fails the ADF and, perhaps most importantly of all, it fails innocent civilians who may be caught up in overseas conflict and who, if this bill passes, will be even more vulnerable and at risk of injury and death.
Votes Passed by a large majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (89% turnout) | 0 Yes – 8 No | |
| Richard Di Natale Victoria | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Lee Rhiannon NSW | No | |
| Janet Rice Victoria | No | |
| Rachel Siewert WA | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Scott Ludlam WA | Absent | |
| Australian Labor Party (88% turnout) | 22 Yes – 0 No | |
| Catryna Bilyk Tasmania | Yes | |
| Carol Brown Tasmania | Yes | |
| Doug Cameron NSW | Yes | |
| Kim Carr Victoria | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Jacinta Collins Victoria | Yes | |
| Patrick Dodson WA | Yes | |
| Don Farrell SA | Yes | |
| Alex Gallacher SA | Yes | |
| Katy Gallagher ACT | Yes | |
| Chris Ketter Queensland | Yes | |
| Kimberley Kitching Victoria | Yes | |
| Sue Lines WA | Yes | |
| Jenny McAllister NSW | Yes | |
| Malarndirri McCarthy NT | Yes | |
| Claire Moore Queensland | Yes | |
| Deborah O'Neill NSW | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Glenn Sterle WA | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Murray Watt Queensland | Yes | |
| Sam Dastyari NSW | Absent | |
| Gavin Marshall Victoria | Absent | |
| Lisa Singh Tasmania | Absent | |
| Penny Wong SA | Absent | |
| Nigel Scullion NT Country Liberal Party | Yes | |
| Derryn Hinch Victoria Derryn Hinch's Justice Party | Yes | |
| Gavin Marshall Victoria Deputy President | Yes | |
| Sue Lines WA Deputy President | Absent | |
| Jacqui Lambie Tasmania Independent | Yes | |
| David Leyonhjelm NSW Liberal Democratic Party | Absent | |
| Liberal National Party (100% turnout) | 2 Yes – 0 No | |
| Matthew Canavan Queensland | Yes | |
| James McGrath Queensland | Yes | |
| Liberal Party (91% turnout) | 20 Yes – 0 No | |
| Eric Abetz Tasmania | Yes | |
| Christopher Back WA | Yes | |
| Simon Birmingham SA | Yes | |
| George Brandis Queensland | Yes | |
| David Bushby Tasmania | Yes | |
| Michaelia Cash WA | Yes | |
| Mathias Cormann WA | Yes | |
| Jonathon Duniam Tasmania | Yes | |
| David Fawcett SA | Yes | |
| Concetta Fierravanti-Wells NSW | Yes | |
| Mitch Fifield Victoria | Yes | |
| Jane Hume Victoria | Yes | |
| James Paterson Victoria | Yes | |
| Marise Payne NSW | Yes | |
| Linda Reynolds WA | Yes | |
| Anne Ruston SA | Yes | |
| Scott Ryan Victoria | Yes | |
| Zed Seselja ACT | Yes | |
| Arthur Sinodinos NSW | Yes | |
| Dean Smith WA | Yes | |
| Cory Bernardi SA | Absent | |
| Ian Macdonald Queensland | Absent | |
| National Party (50% turnout) | 2 Yes – 0 No | |
| Bridget McKenzie Victoria | Yes | |
| John Williams NSW | Yes | |
| Fiona Nash NSW | Absent | |
| Barry O'Sullivan Queensland | Absent | |
| Nick Xenophon Team (100% turnout) | 3 Yes – 0 No | |
| Stirling Griff SA | Yes | |
| Skye Kakoschke-Moore SA | Yes | |
| Nick Xenophon SA | Yes | |
| Pauline Hanson's One Nation Party (100% turnout) | 4 Yes – 0 No | |
| Brian Burston NSW | Yes | |
| Rod Culleton WA | Yes | |
| Pauline Hanson Queensland | Yes | |
| Malcolm Roberts Queensland | Yes | |
| Stephen Parry Tasmania President | Yes | |
| Totals (88% turnout) | 58 Yes – 8 No |
Turnout is the percentage of members eligible to vote that did vote.