Division
The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2018-02-14.44.1) introduced by Senator [David Leyonhjelm](https://theyvoteforyou.org.au/people/senate/nsw/david_leyonhjelm) (NSW), which means it was unsuccessful. The amendment concerns the onus of proof. Liberal Senator [Mitch Fifield](https://theyvoteforyou.org.au/people/senate/victoria/mitch_fifield) (Vic) [explained that](https://www.openaustralia.org.au/senate/?gid=2018-02-14.45.1): > *Under the bill, consent to share an image must be express, voluntary and informed. The evidential burden of proof that consent was given—Senator Leyonhjelm was correct—lies with the person who shared the image in any civil penalty proceedings. Again, I emphasise that this doesn't relate to the sharing of images between two people; this relates to the sharing of those with a third party.* Senator Leyonhjelm wanted the burden of proving consent - or lack of consent, as the case would be - on the person whose image has been shared rather than the person who actually did the sharing. But the majority disagreed. Senator Fifield, as [part of the explanation above](https://www.openaustralia.org.au/senate/?gid=2018-02-14.45.1), stated why the Government was voting against this amendment: > *Given the serious impact that this conduct of sharing beyond the individuals involved has on the victim, the government is of the view that it's appropriate that the alleged perpetrator prove consent to share an image.* ### Amendment text > *(5) Schedule 1, item 26, page 16 (lines 23 to 26), omit the note.* > *(6) Schedule 1, item 26, page 16 (after line 26), after subsection 44B(2), insert:* >> *(2A) Despite section 96 of the Regulatory Powers (Standard Provisions) Act 2014, in proceedings for a civil penalty order against a person for a contravention of subsection (1), the person does not bear an evidential burden in relation to the matter in subsection (2) of this section.* ### What does the bill do? The bill [w
Senate, 2018-02-14. negative: ayes 6, noes 38.
Question
The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2018-02-14.44.1) introduced by Senator [David Leyonhjelm](https://theyvoteforyou.org.au/people/senate/nsw/david_leyonhjelm) (NSW), which means it was unsuccessful. The amendment concerns the onus of proof. Liberal Senator [Mitch Fifield](https://theyvoteforyou.org.au/people/senate/victoria/mitch_fifield) (Vic) [explained that](https://www.openaustralia.org.au/senate/?gid=2018-02-14.45.1): > *Under the bill, consent to share an image must be express, voluntary and informed. The evidential burden of proof that consent was given—Senator Leyonhjelm was correct—lies with the person who shared the image in any civil penalty proceedings. Again, I emphasise that this doesn't relate to the sharing of images between two people; this relates to the sharing of those with a third party.* Senator Leyonhjelm wanted the burden of proving consent - or lack of consent, as the case would be - on the person whose image has been shared rather than the person who actually did the sharing. But the majority disagreed. Senator Fifield, as [part of the explanation above](https://www.openaustralia.org.au/senate/?gid=2018-02-14.45.1), stated why the Government was voting against this amendment: > *Given the serious impact that this conduct of sharing beyond the individuals involved has on the victim, the government is of the view that it's appropriate that the alleged perpetrator prove consent to share an image.* ### Amendment text > *(5) Schedule 1, item 26, page 16 (lines 23 to 26), omit the note.* > *(6) Schedule 1, item 26, page 16 (after line 26), after subsection 44B(2), insert:* >> *(2A) Despite section 96 of the Regulatory Powers (Standard Provisions) Act 2014, in proceedings for a civil penalty order against a person for a contravention of subsection (1), the person does not bear an evidential burden in relation to the matter in subsection (2) of this section.* ### What does the bill do? The bill [w
How each member voted
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Related bills
Only formal divisions leave a per-member record. A procedural vote is not necessarily a vote for or against a bill.