Division last edited 25th Jan 2019 by mackay staff
The majority voted against an amendment that would add sunsetting clauses to the bills, which means it failed. Centre Alliance Senator Rex Patrick, who introduced the amendment, explained that:
the objective of this amendment is to include a sunset clause so that unless bilateral side letters are exchanged relating to ISDS provisions and labour market testing by 1 January 2020 this legislation is repealed. We believe that these amendments will allow the TPP-11 to enter into force but signal to other countries that Australia is planning to remove the ISDS clauses and reinstate labour market testing. If those arrangements haven't been made, the legislation will then be repealed.
The two bills are:
The bills were introduced 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.
(1) Schedule 1, item 3, page 8 (after line 6), at the end of Subdivision A, add:
153ZKUA Cessation of effect of Division
This Division ceases to have effect on 1 January 2020 unless all of the following come into force for Australia before that day:
(a) bilateral side letters exchanged between Australia and each other Party agreeing that Chapter 9 of the Agreement, which deals with investor-State disputes, does not apply in relation to an investment in Australia by an investor of the other Party;
(b) bilateral side letters exchanged between Australia and each other Party agreeing that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other Party.
(2) Schedule 1, item 4, page 19 (after line 18), at the end of Division 4EB, add:
126AKM Cessation of effect of Division
This Division ceases to have effect on 1 January 2020 unless all of the following come into force for Australia before that day:
(a) bilateral side letters exchanged between Australia and each other Party agreeing that Chapter 9 of the Agreement, which deals with investor-State disputes, does not apply in relation to an investment in Australia by an investor of the other Party;
(b) bilateral side letters exchanged between Australia and each other Party agreeing that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other Party.
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Cory Bernardi SA Australian Conservatives | No | |
| 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 (28% turnout) | 0 Yes – 7 No | |
| Kim Carr Victoria | No | |
| Patrick Dodson WA | No | |
| Don Farrell SA | No | |
| Alex Gallacher SA | No | |
| Kristina Keneally NSW | No | |
| Claire Moore Queensland | No | |
| Anne Urquhart Tasmania | No | |
| Catryna Bilyk Tasmania | Absent | |
| Carol Brown Tasmania | Absent | |
| Doug Cameron NSW | Absent | |
| Anthony Chisholm Queensland | Absent | |
| Jacinta Collins Victoria | Absent | |
| Chris Ketter Queensland | Absent | |
| Kimberley Kitching Victoria | Absent | |
| Gavin Marshall Victoria | Absent | |
| Jenny McAllister NSW | Absent | |
| Malarndirri McCarthy NT | Absent | |
| Deborah O'Neill NSW | Absent | |
| Helen Polley Tasmania | Absent | |
| Louise Pratt WA | Absent | |
| Lisa Singh Tasmania | Absent | |
| David Smith ACT | Absent | |
| Glenn Sterle WA | 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 | Absent | |
| 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 | |
| Simon Birmingham SA | No | |
| David Bushby Tasmania | No | |
| Richard Colbeck Tasmania | No | |
| Jonathon Duniam Tasmania | No | |
| David Fawcett SA | No | |
| Jane Hume Victoria | No | |
| Jim Molan NSW | No | |
| Linda Reynolds WA | No | |
| Dean Smith WA | No | |
| Amanda Stoker Queensland | No | |
| Slade Brockman WA | Absent | |
| Michaelia Cash WA | Absent | |
| Mathias Cormann WA | Absent | |
| Concetta Fierravanti-Wells NSW | 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 (67% turnout) | 0 Yes – 2 No | |
| Bridget McKenzie Victoria | No | |
| Barry O'Sullivan Queensland | No | |
| 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 (49% turnout) | 13 Yes – 24 No |
Turnout is the percentage of members eligible to vote that did vote.