Senator Hinch – whose vote was crucial – said it had been"a very tortured 24 hours"and he was"still perplexed"by some aspects of the bill,which will enable easier medical transfers of sick refugees from Manus Island and Nauru to Australia.
But Senator Hinch said he was satisfied there were enough safeguards in the bill to ensure it did not undermine Australia's security,including the commitment that transfers can only be accessed by the 1000 people currently on the islands,not any future arrivals.
"It will only apply to people who are there[currently],"the Victorian senator said when explaining his decision.
"The Home Affairs department they assured me today they[the refugees] will remain in detention in some manner or form – they will not be coming here and wandering around the streets of Australia."
Senator Hinch backed the bill in the Senate late last year.But it had to return to the Senate on Wednesday after being amended in the House of Representatives on Tuesday, the first time in almost 80 years that a government has lost a vote on legislation in the lower house.
The Senate's confirmation of the bill,by 36 votes to 34,means it will now go to the governor-general for royal assent,and means Labor – along with the Greens and crossbench – have been able to create legislation from opposition.