Senate Division 16 · 20 Jan 2026

Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Review and lawful political expression

Negatived 17 aye · 42 no

What this vote was about

The majority voted against amendments standing in the name of ACT Senator David Pocock (Independent), Tasmanian Senator Jacqui Lambie (JLN), WA Senator Fatima Payman (AV), Victorian Senator Lidia Thorpe (Independent) and Tasmanian Senator Tammy Tyrrell (Independent). These amendments related to including an independent review of Act by an expert panel, a merits review and including a protection for lawful political expression.

Amendment text

SHEET 3610

(1) Page 2 (after line 16), after clause 3, insert:

4 Review of operation of Act

(1) The Attorney-General must cause an independent review to be conducted of the operation of the amendments made by this Act.

(2) Without limiting the matters that may be considered when conducting the review, the review must consider the operation and appropriateness of the mandatory minimum sentences in table items 1AA, 1A and 1B in the table in section 16AAA of the Crimes Act 1914 for offences against the following provisions in the Criminal Code Act 1995:

(a) subsection 80.2BE(1) or (2) (advocating force or violence through causing damage to property);

(b) subsection 80.2H(1) (public display of prohibited Nazi symbols or giving Nazi salute);

(c) subsection 80.2HA(1) (public display of prohibited terrorist organisation symbols).

Consultation requirement

(3) The review must provide for public consultation, including providing for public submissions over a period of at least 2 calendar months.

Expert panel conducting the review

(4) The review must be conducted by an expert panel comprised of 3 members appointed by the Attorney-General.

(5) The Attorney-General must ensure that the members of the expert panel collectively possess experience or knowledge in all of the following fields:

(a) human rights;

(b) hate speech;

(c) criminal law;

(d) law enforcement;

(e) civil liberties;

(f) constitutional law;

(g) migration law;

(h) national security;

(i) intelligence.

(6) A member of the expert panel must not be any of the following:

(a) a person engaged under the Public Service Act 1999;

(b) a serving member of the Australian Defence Force, the Australia Federal Police or an Australian intelligence agency;

(c) a current or former member of the Parliament, or a current or former member of a Parliament of State or Territory;

(d) any other person who has a material conflict of interest in relation to this Act.

Timing of review

(7) The review must commence no later than 2 years after the day this section commences.

(8) The expert panel must complete the review before the end of the period of 12 months beginning on the day the review commences.

Attorney-General to be given report of review

(9) The expert panel must give the Attorney-General a written report of the review as soon as practicable after the review is completed.

Attorney-General to table report of review

(10) The Attorney-General must cause a copy of the report of the review to be tabled in each House of the Parliament within 10 sitting days of that House after the Attorney-General receives the report.

Government response to recommendations

(11) If the report sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Attorney-General must cause a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and

(b) within 6 months after the day the report is first tabled in a House of the Parliament, the Attorney-General must table a copy of the statement in each House of the Parliament.

SHEET 3615

(1) Schedule 1, item 11, page 8 (after line 28), after subsection 16A(2AAD), insert:

(2AAE) For the purposes of subparagraph (2)(mb)(i), a person's conduct is not taken to be motivated by hatred solely because it involves criticism of the policies, actions or institutions of a foreign state, or discussion of matters of international law.

SHEET 3626

(1) Schedule 2, item 7, page 47 (after line 31), after subsection 500A(1C), insert:

Merits review

(1D) Despite anything else in this Act, Part 5 of this Act has effect as if a decision to refuse to grant, or to cancel, a temporary safe haven visa because of the application of subsection (1A) of this section is a reviewable migration decision.

(2) Schedule 2, item 11, page 49 (after line 34), after subsection 501(11B), insert:

Merits review

(11C) Despite anything else in this Act, Part 5 of this Act has effect as if a decision to refuse to grant, or to cancel, a visa because of the application of subsection (6A) of this section is a reviewable migration decision.

Context written by They Vote For You volunteers (ODbL), reproduced unchanged.

Related bills

Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026

By party

Party	Aye	No
Australian Labor Party	2	26
Liberal–National Coalition	0	15
Australian Greens	10	1
Pauline Hanson's One Nation	3	0
Independent	1	0
United Australia Party	1	0

Every vote

AYE (17)

NO (42)

Divisions this sitting day

Every division the Senate held that day, in order; the one on this page is marked.

Division 1 Bills — Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Limitation of Debate Negatived Senate 28–34
Division 2 Bills — Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Limitation of Debate Negatived Senate 29–33
Division 3 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Keep the parts unchanged Carried Senate 38–26
Division 4 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Nationals amendments Negatived Senate 28–36
Division 5 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Review of the Act Negatived Senate 29–33
Division 6 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Constitutional Affairs Legislation Committee Negatived Senate 29–33
Division 7 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Pass the bill Carried Senate 38–26
Division 8 Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Negatived Senate 16–43
Division 9 Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Negatived Senate 6–52
Division 10 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Refer to Committee Negatived Senate 12–49
Division 11 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Second Reading - Agree with bill's main idea Carried Senate 39–18
Division 12 Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Negatived Senate 26–36
Division 13 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Additional safeguards for prohibited hate group decisions Negatived Senate 9–49
Division 14 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Prohibited hate groups, nature of harm Negatived Senate 21–42
Division 15 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Repealing mandatory minimum sentences for hate crime offences Negatived Senate 14–46
Division 16 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Review and lawful political expression Negatived Senate 17–42
Division 17 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Expand protections to other groups (religion, LGBTQIA+ and disability) Negatived Senate 13–50
Division 18 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Character concerns and right to refuse visas Carried Senate 44–13
Division 19 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Parliamentary approval Negatived Senate 12–46
Division 20 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Cessation clause Negatived Senate 22–36
Division 21 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Protected political speech and purpose and application of Act Negatived Senate 12–43
Division 22 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Pass the bill Carried Senate 38–22