Summary

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The majority voted against an amendment introduced by Senator Sarah Hanson-Young, which means it failed.

Senator Hanson-Young explained her amendment:

this amendment ensures that any need for funds to fight an ISDS clause would have to come before the parliament. It also ensures that there is proper transparency around how taxpayer funds are being spent in defending our sovereignty and our laws and regulations against multinationals. Given we now have a TPP agreement with locked-in ISDS provisions, it is absolutely essential that the Australian people know what this is costing us and what the impact is, and that transparency prevails. This is about ensuring that the government can't paper over what they've just agreed to; that the Labor Party, either in opposition or in government, can't pretend that this isn't having a chilling effect; and that taxpayer money being spent on it is accounted for, and sunlight is shone in places where, we know, both sides of this place would prefer it not to be.

What do these bills do?

The bill was introduced along with another to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11). Their basic purpose is to implement the customs dimensions of the TPP-11 Agreement by making relevant amendments to the Customs Act 1901 and the Customs Tariff Act 1995. Read more in the bills digest.

Amendment text

(1) Clause 2, page 2 (cell at table item 2, column 2), omit the cell, substitute:

If the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile on 8 March 2018, enters into force for Australia —the first day that another Act is in force that includes provisions with the effect that Australia must not defend an action brought against Australia under an investor-state dispute settlement provision of any treaty unless the Parliament has agreed to the defence.

However, the provisions do not commence at all unless all of the events mentioned in this item occur.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Absent
Australian Greens (89% turnout) 8 Yes 0 No
Richard Di Natale Victoria Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Jordon Steele-John WA Absent
Australian Labor Party (40% turnout) 0 Yes 10 No
Kim Carr Victoria No
Alex Gallacher SA No
Kristina Keneally NSW No
Chris Ketter Queensland No
Kimberley Kitching Victoria No
Malarndirri McCarthy NT No
Claire Moore Queensland No
Louise Pratt WA No
David Smith ACT No
Glenn Sterle WA No
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Doug Cameron NSW Absent
Anthony Chisholm Queensland Absent
Jacinta Collins Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Gavin Marshall Victoria Absent
Jenny McAllister NSW Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Lisa Singh Tasmania Absent
Anne Urquhart Tasmania Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Nigel Scullion NT Country Liberal Party Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party No
Sue Lines WA Deputy President No
Steve Martin Tasmania Independent Absent
Tim Storer SA Independent Absent
Fraser Anning Queensland Katter's Australian Party Yes
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (50% turnout) 0 Yes 1 No
James McGrath Queensland No
Matthew Canavan Queensland Absent
Liberal Party (48% turnout) 0 Yes 11 No
Eric Abetz Tasmania No
David Bushby Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Jane Hume Victoria No
Jim Molan NSW No
Linda Reynolds WA No
Dean Smith WA No
Amanda Stoker Queensland No
Simon Birmingham SA Absent
Slade Brockman WA Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
Mitch Fifield Victoria Absent
Lucy Gichuhi SA Absent
Ian Macdonald Queensland Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Anne Ruston SA Absent
Zed Seselja ACT Absent
Arthur Sinodinos NSW Absent
National Party (33% turnout) 0 Yes 1 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland Absent
John Williams NSW Absent
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Peter Georgiou WA Yes
Pauline Hanson Queensland Yes
Scott Ryan Victoria President Absent
Brian Burston NSW United Australia Party Absent
Totals (51% turnout) 13 Yes – 26 No