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Division

The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?id=2021-12-01.186.1) introduced by NSW Senator [Marise Payne](https://theyvoteforyou.org.au/people/senate/nsw/marise_payne) (Liberal), which means it failed. It concerned the cyber-bullying service offence. Senator Payne [explained that](https://www.openaustralia.org.au/senate/?gid=2021-12-01.186.2): > *The purpose of this amendment is to insert the term 'in all the circumstances' and to remove the word 'offensive' from the new cyberbullying offence set out in clause 2 of schedule 3 of the bill. A cyberbullying offence will apply when a defence member has used a social media service or relevant electronic service in a way that a reasonable person would regard in all the circumstances as threatening, intimidating, harassing or humiliating another person.* ### Amendment text > *(1) Schedule 3, item 2, page 48 (line 2), omit "as offensive or", substitute "in all the circumstances".* ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd033), the purpose of the bill is "*to improve and simplify the operation of the military discipline system by:* * *removing the subordinate summary authority and restructuring the summary authorities to simplify the process for dealing with minor disciplinary issues* * *expanding the disciplinary infringement scheme to deal more effectively with minor breaches of discipline* * *introducing new service offences in relation to the failure to perform a duty or carry out an activity, cyber-bullying and failure to notify change in circumstances particularly with regard to receipt of benefits and allowances.*"

Senate, 2021-12-01. negative: ayes 19, noes 24.

Question

The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?id=2021-12-01.186.1) introduced by NSW Senator [Marise Payne](https://theyvoteforyou.org.au/people/senate/nsw/marise_payne) (Liberal), which means it failed. It concerned the cyber-bullying service offence. Senator Payne [explained that](https://www.openaustralia.org.au/senate/?gid=2021-12-01.186.2): > *The purpose of this amendment is to insert the term 'in all the circumstances' and to remove the word 'offensive' from the new cyberbullying offence set out in clause 2 of schedule 3 of the bill. A cyberbullying offence will apply when a defence member has used a social media service or relevant electronic service in a way that a reasonable person would regard in all the circumstances as threatening, intimidating, harassing or humiliating another person.* ### Amendment text > *(1) Schedule 3, item 2, page 48 (line 2), omit "as offensive or", substitute "in all the circumstances".* ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd033), the purpose of the bill is "*to improve and simplify the operation of the military discipline system by:* * *removing the subordinate summary authority and restructuring the summary authorities to simplify the process for dealing with minor disciplinary issues* * *expanding the disciplinary infringement scheme to deal more effectively with minor breaches of discipline* * *introducing new service offences in relation to the failure to perform a duty or carry out an activity, cyber-bullying and failure to notify change in circumstances particularly with regard to receipt of benefits and allowances.*"

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Related bills

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