MALCOLM Turnbull is facing an uphill battle to get key legislation through the Senate this week, with the same-sex marriage plebiscite the first item on the agenda as Parliament resumes.
The crucial Australian Building and Construction Commission bill, the tipping point for the double dissolution election this year, has already been put off because it was not likely to pass with the Senate in disarray.
A bill to update refugee laws, which would see asylum seekers who came by boat unable to ever settle in Australia or even visit as a tourist years later, is also expected to go before Parliament.
Reforms on backpacker laws, counter terrorism law amendments and the foreign ownership of agricultural land are also set to go before Parliament this week.
SAME-SEX MARRIAGE
Debate kicked off in the Senate on Monday with the same-sex marriage plebiscite.
Former Health Services Union official and lawyer Kimberley Kitching was first sworn in to replace veteran Labor senator Stephen Conroy, then the gloves were off.
Nine crossbenchers held the key to this crucial vote before the senate was thrown into chaos last week.
Both Labor and the Greens have already confirmed they would not back the call for a public vote, preferring instead for the Government to alter wording in current laws to allow same sex couples to marry.
Family First Senator Bob Day’s resignation last week made the vote less certain to pass.
Mr Day supported the plebiscite but will no longer have a vote.
His resignation was shortly followed by the Government announcing it would refer questions over One Nation senator Rod Culleton’s eligibility to the High Court.
Senate to refer Culleton, Day to High Court1:35
The election of One Nation's Rod Culleton and Family First's Bob Day is set to be referred to the High Court
That potentially lost one of four One Nation votes for the plebiscite as Mr Culleton last week said he would not vote while his right to be a senator was tested by the court.
Of the remaining crossbenchers, Derryn Hinch and the Nick Xenophon team of three senators have previously said they would not support the plebiscite, while Jacqui Lambie and David Leyonhjelm will.
Greens senator Scott Ludlum announced late on Friday he was taking a leave of absence to treat depression and anxiety.
But it is expected the Government will be asked to stand aside a vote to match the loss of Mr Ludlum’s vote.
ASYLUM SEEKERS
The Prime Minister told ABC AM radio on Monday morning Bill Shorten needed to “stop trying to walk both sides of the street” on proposed updates to refugee laws.
The Opposition leader has not confirmed whether the party will back the proposed refugee laws or not but has labelled them ‘ludicrous’.
“He either stands up for strong border protection, stands up for the success of the most multicultural nation in the world, stands up for one of the most generous humanitarian programs in the world or not,” Mr Turnbull said.
ABCC
Disruption in senate will also affect the ABCC legislation, with the Prime Minister confirming the Government would hold off until it had the numbers.
The key legislation may not go to a vote until February.
“We will continue talking to the crossbench and when we believe there is a majority there to support it, we will present the bills,” Mr Turnbull said in Sydney on Thursday.