Sussan Ley faces a fresh leadership test after three shadow cabinet members broke ranks and voted against anti-hate laws in parliament that were ultimately passed.
Parliament reconvened on Monday for two emergency sitting days to pass a suite of hate laws, gun reform and migration changes in response to the Bondi terror attack.
After multiple calls with Prime Minister Anthony Albanese, Ley struck a deal with Labor, claiming to "fix" the hate law legislation with technical amendments, including tightening the definition of a hate preacher and setting up stricter parliamentary oversight.
When the legislation went to a vote at 10pm on Tuesday, three National shadow cabinet members — Ross Cadell, Bridget McKenzie and Susan McDonald — voted against it.
It has cast questions over whether the trio will resign as they are bound by "cabinet solidarity", meaning they must vote according to the cabinet's position.
Nationals senator Cadell says he is "willing to take the consequences of my actions".
Ross Cadell is one of the three shadow cabinet members who voted against new anti-hate laws. Source: AAP / Mick Tsikas
Cadell said it would not be "cruel" for Ley to demand his resignation from the cabinet, but stopped short of stepping down.
A group of Coalition cabinet members including Ley, James Paterson and Jonathon Duniam, are meeting in the wake of the split to determine the fate of the three senators.
McKenzie said she had tried to "act with integrity" during the vote, but felt Albanese had forced their hand to vote against the laws.
"If he [Albanese] really wanted a bipartisan approach, he would have heeded our calls in the wake of the attack, sat down with the parties of government and actually developed an appropriate response," she said.
Ley will have to decide how to respond to the floor-crossers, amid doubt over how the Opposition can now function if Liberals and the Nationals do not vote together.
Australia also tightened its gun laws on Tuesday with the support of the Greens. The laws make it harder to get licences and provide for the removal of firearms from the community.
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