Fatima Payman

I advise that Senators Lambie, Tyrrell, Thorpe and David Pocock are co-sponsoring this notice of motion. I move:

That the government business order of the day relating to the Freedom of Information Amendment Bill 2025 be discharged from the Notice Paper.

Anthony Chisholm

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Anthony Chisholm

The government strongly opposes Senator Payman's motion to discharge the Freedom of Information Amendment Bill 2025 from the Notice Paper. This motion to discharge is not about whether you support the bill or oppose it. Senators can oppose the bill in its current form and want to see it amended and still oppose this motion.

This motion is about whether you're up for a debate on actually reforming a broken freedom-of-information system, not just complaining about it on social media for clicks. By supporting this motion to discharge the Freedom of Information Amendment Bill, senators will be shirking a debate on reform of the freedom-of-information system, including the aspects of this bill that those on the crossbench and stakeholders from across the political spectrum claim to support.

An effective freedom-of-information system is critical in fostering public trust in government decision-making through transparency and access to information. The government urges senators to oppose Senator Payman's motion and work with the government to reform a system in dire need of it.

Sue Lines

The question is that general business notice of motion No. 309 standing in the name of Senator Payman and other senators be agreed to.

Jessica Collins

At the request of Senator Hume, I move:

That there be laid on the table by the Minister for Industry and Innovation, by no later than midday on 10 February 2026, all documents provided to the Minister for Industry and Innovation by the Department of Industry, Science and Resources, from 1 June 2025 to date, that concern the design of the Economic Resilience Program.

Anthony Chisholm

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Anthony Chisholm

The government will be opposing this motion. A briefing has been offered on this issue, and I understand that it has not yet been accepted.

Sue Lines

The question is that general business notice of motion No. 274 standing in the name of Senator Hume and moved by Senator Collins be agreed to.

Sue Lines

The question now is that the suspension motion moved by Senator Shoebridge be agreed to.

Sue Lines

I will now deal with the amendment circulated by Senator Tyrrell. The question is that the amendment on sheet 3604 be agreed to.

Senator Tyrrell's circulated amendment

(1) Schedule 1, item 13, page 14 (after line 18), after subsection 114A.4(1), insert:

(1A) To avoid doubt, before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must recommend that the Governor-General do so.

Note: The AFP Minister must receive advice from the Director-General before making the recommendation (see subsection 114A.5(2)).

Parliamentary approval

(1B) A prohibited hate group regulation does not come into effect until it has been approved by resolution of each House of the Parliament.

Question negatived.

I will now deal with the amendments circulated by Senator Canavan. The question is that the amendments on sheets 3622 and 3624 be agreed to.

Nick McKim

I request that the two sheets be put separately, to facilitate a different vote from the Australian Greens.

Sue Lines

The question is that the amendment on sheet 3622 be agreed to.

Senator Canavan's circulated amendment

(1) Schedule 1, item 13, page 14 (after 18), after subsection 114A.4(1), insert:

Parliamentary approval

(1A) A prohibited hate group regulation does not come into effect until it has been approved by a resolution supported by an absolute majority of each House of the Parliament.

Sue Lines

I will now deal with the Committee of the Whole amendments circulated by Senators David Pocock, Lambie, Payman and Tyrrell. The question is that the amendments on sheet 3587 be agreed to.

Senator David Pocock's, Senator Lambie's, Senator Payman's and Senator Tyrrell's circulated amendment s

(1) Schedule 1, item 10, page 8 (line 12), omit "distinguished by race, or national or ethnic origin", substitute "distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, or national or ethnic origin, or because of the target person or target group's personal association (whether as a relative or otherwise) with a person who is distinguished by any of those attributes".

(2) Schedule 1, item 11, page 8 (lines 24 and 25), omit "race, or national or ethnic origin, of the target person or the persons in the target group", substitute "race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, or national or ethnic origin of the target person or the persons in the target group or because of the target person or target group's personal association (whether as a relative or otherwise) with a person who is distinguished by any of those attributes".

(3) Schedule 1, item 11, page 8 (lines 26 to 28), omit subsection 16A(2AAD), substitute:

(2AAD) For the purposes of paragraph (2)(mb), it is immaterial whether:

(a) the target person; or

(b) members of the target group; or

(c) a person whom the target person or members of the target group have a personal association (whether as a relative or otherwise);

actually are distinguished by the particular race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, or national or ethnic origin.

Sue Lines

I'll now deal with the remainder of those amendments. The question is that the amendments on sheets 3610, 3615 and 3626 be agreed to.

Senator D avid Pocock 's , Senator Lambie 's , Senator Payman 's , Senator Thorpe 's and Senator Tyrrell's circulated amendments—

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.

Sue Lines

I will now deal with the amendments circulated by Senators David Pocock, Lambie, Payman, Thorpe and Tyrrell. As the amendments on sheet 3626 were not circulated within the required timeframe, they can only be considered by leave. Is a senator seeking leave?

David Pocock

I seek leave for amendments on sheet 3626 to be considered.

Leave granted.

Sue Lines

The question is that the amendments on sheet 3626 be agreed to—Senator Bell?

Sean Bell

I ask that the amendment on sheet 3583 be put separately, as we intend to vote differently on that to the others.

Sue Lines

I'll put that one now. The question is that the amendment on sheet 3583 be agreed to.

Senators D avid Pocock 's , Senator Lambie 's , Senator Payman 's , Senator Thorpe 's and Senator Tyrrell 's circulated amendments—

(1) Schedule 1, page 42 (after line 18), at the end of the Schedule, add:

Part 9 — Repealing mandatory minimum sentences for hate crime offences

Crimes Act 1914

68 Paragraph 15AAA(1)(a)

Omit "1AA", substitute "1C".

69 Section 16AAA (table items 1AA to 1B)

Repeal the table items.

70 Subparagraph 16AAC(2)(b)(i)

Omit "1AA", substitute "1C".

71 Subparagraph 16AAC(3)(b)(i)

Omit "1AA", substitute "1C".

72 Application

The amendments of the Crimes Act 1914 made by this Part apply in relation to conduct engaged in after the commencement of this item.

Sue Lines

I will now deal with the second part of that question, which is the amendments on sheet 3616. The question is that the amendments on sheet 3616 be agreed to.

National Party of Australia's circulated amendments—

(1) Schedule 1, item 13, page 9 (lines 13 to 19), omit paragraph 114A.1(1)(a), substitute:

(a) protect the Australian community or part of the Australian community from politically motivated serious violence or the promotion of communal serious violence by prohibiting organisations that engage in, prepare or plan to engage in, or assist the engagement in, or advocate engaging in, conduct constituting a hate crime; and

(2) Schedule 1, item 13, page 10 (lines 4 to 9), omit subsection 114A.1(2).

(3) Schedule 1, item 13, page 12 (lines 28 to 31), omit paragraph 114A.3(2)(b), substitute:

(b) that would, in all the circumstances, cause a reasonable person who is the target, or a member of a target group, to fear violence.

(4) Schedule 1, item 13, page 13 (line 12), omit subparagraph 114A.3(5)(a)(i), substitute:

(i) causing serious harm that is physical harm to a person (the targeted person);

Sue Lines

Identical second reading amendments have been circulated by the Nationals and by Pauline Hanson's One Nation. I will only put the question once in respect of those amendments. The question is that the amendments on sheets 3621 and 3625 be agreed to.

National Party of Australia's circulated amendment—

Omit all words after "That", substitute "the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 March 2026".

Pauline Hanson's One Nation's circulated amendment—

Omit all words after "That", substitute "the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 March 2026".

Sue Lines

The question is that part (b) of the amendment on sheet 3612 be agreed to.