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17    Law and Justice— Racial Hatred Act and Race Discrimination Commissioner

Senator Bernardi, pursuant to notice of motion not objected to as a formal motion, moved general business notice of motion no. 1045—That the Senate—

               (a)       notes that 15 September marks the anniversary of the Racial Hatred Act 1995 , through which section 18C was inserted making it an offence to offend, insult, humiliate or intimidate another person on racial grounds;

               (b)       further notes that the position of Race Discrimination Commissioner fell vacant in August 2018;

                (c)       also notes that the Institute of Public Affairs stated in a research brief, distributed to members and senators in May, that the Commissioner’s role fulfils no substantive function, is merely one of political advocacy and promotes division in the community; and

               (d)       calls on the Federal Government to refrain from appointing a new Commissioner or, if it does so, ensure that it appoints someone who will:

                                     (i)       unite Australians around Australian values, and

                                    (ii)       refrain from publicly campaigning or advocating that Australians make complaints to the Australian Human Rights Commission under section 18C.

Statements by leave : The Assistant Minister for International Development and the Pacific (Senator Ruston) and Senator Faruqi, by leave, made statements relating to the motion.

Question put.

The Senate divided—

AYES, 4

Senators—

Anning

Bernardi*

Hanson

Leyonhjelm

 

 

NOES, 44

Senators—

Bilyk

Gallacher

McKenzie

Scullion

Brockman

Griff

McKim

Siewert

Bushby

Hanson-Young

Molan

Singh

Chisholm

Hinch

Moore

Smith, David

Colbeck

Hume

O’Neill

Smith, Dean

Collins

Keneally

Paterson

Steele-John

Di Natale

Lines

Patrick

Stoker

Dodson

Marshall

Payne

Storer

Duniam

Martin

Pratt

Urquhart*

Faruqi

McAllister

Rice

Waters

Fierravanti-Wells

McCarthy

Ruston

Whish-Wilson

* Tellers

Question negatived.