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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 14 May 2008
1
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 14 May 2008
695
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2007-08
FIRST SESSION OF THE FIFTY-FOURTH PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 66
WEDNESDAY 14 MAY 2008
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The House met at 10.00 am pursuant to adjournment.
The Speaker took the Chair and read the prayer and the acknowledgement of country.
The Speaker, in accordance with the Public Finance and Audit Act 1983, tabled the Auditor-General’s Report for 2008, Volume Two, dated May 2008.
Ordered to be printed.
3. NOTICES OF MOTIONS (GENERAL NOTICES)
4. HEMP INDUSTRY BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Rees, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Question put and passed.
Bill agreed to in principle.
The Acting Speaker (Mr Merton) declared the bill to have passed the House.
5. AUSTRALIAN JOCKEY CLUB BILL
Mr West moved, pursuant to notice, That a bill be now introduced for an Act to provide for the transfer of the business undertaking of the Australian Jockey Club to Australian Jockey Club Limited and for the granting of further leases of Randwick Racecourse; and for other purposes.
Question put and passed.
Bill introduced.
Mr West moved, That this bill be now agreed to in principle.
Debate adjourned (Mr Fraser) and the resumption of the debate made an order of the day for a future day.
6. SNOWY MOUNTAINS CLOUD SEEDING TRIAL AMENDMENT (EXTENSION) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Rees, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Mr R.C. Williams speaking—
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It being 1.30 pm, debate interrupted.
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Ordered, That the resumption of the debate stand an order of the day for a later time.
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The Acting Speaker (Mr George) left the Chair at 1.30 pm.
The Speaker resumed the Chair at 2.15 pm.
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7. NOTICES OF MOTIONS
8. NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
Ms Gadiel—Media and Pop Culture.
Mr Aplin—Mental Health Facilities.
9. QUESTION TIME
10. PAPERS
(1) Mr Campbell tabled the report by the New South Wales State Coroner into deaths in custody/police operations for 2007.
(2) Mr Lynch tabled the report of Public Inquiry No. 2 by Commissioner John Davies into Brewarrina Shire Council, dated 29 April 2008.
The Clerk announced that the following members had each lodged petitions for presentation:
Ms Moore—from certain citizens requesting the upgrading of Edgecliff Interchange.
Ms Moore—from certain citizens requesting a 10 minute bus service between the Pyrmont foreshores via Broadway to Town Hall.
Mrs Hopwood—from certain citizens requesting improved access to Hawkesbury River Railway Station.
Mrs Hancock—from certain citizens requesting the removal of the booking fees charged to pensioners on CountryLink services.
Mrs Hancock—from certain citizens requesting that South Coast pensioners be able to access the $2.50 pensioner excursion ticket for bus travel.
Mrs Hancock—from certain citizens opposing any reduction in rail services on the South Coast rail line.
Mrs Hancock—from certain citizens opposing the proposed construction of the South Coast Correctional Centre in the Shoalhaven area.
Mr Maguire and Mr J.H. Turner—from certain citizens requesting increased funding for public libraries in New South Wales.
Mrs Hancock—from certain citizens requesting a dedicated mental health hospital in the Shoalhaven.
Mrs Hopwood—from certain citizens requesting a public renal dialysis unit at Hornsby Kuring-gai Hospital.
Mr Maguire—from certain citizens requesting the establishment of a satellite renal dialysis service in Tumut.
Mrs Hancock—from certain citizens requesting increased police numbers in the Culburra area.
Mrs Hancock—from certain citizens requesting additional police resources for the Shoalhaven Local Area Command.
Mrs Hancock—from certain citizens requesting consultation with residents concerning the proposed ban on right hand turns from Parma Road, Falls Creek onto the Princes Highway.
Mr Piper—from certain citizens requesting traffic movements at the intersection of Dorrington and Wangi Roads be investigated and that an appropriate upgrade be implemented.
Ms Moore—from certain citizens opposing the sale of animals in pet shops.
Mr Aplin—from certain citizens requesting drought relief workers’ jobs be protected.
Mr Aplin—from certain citizens requesting funding for local councils to conduct fruit fly eradication programs in the Albury electorate.
Mrs Hancock—from certain citizens requesting the prohibition of the extraction of water from the Shoalhaven River for the purpose of supporting the Sydney water supply.
12. RE-ORDERING OF GENERAL BUSINESS
Mr Stoner moved, That the general business notice of motion (general notice) given by him this day (Sale of State Electricity Assets) have precedence on Thursday 15 May 2008.
Debate ensued.
Question put.
The House divided.
AYES 39
Mr Aplin, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Merton, Ms Moore, Mr O’Dea, Mr O’Farrell, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire.
NOES 49
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Ms Firth, Ms Gadiel, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms Keneally, Mr Khoshaba, Mr Koperberg, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Meagher, Ms Megarrity, Mr Morris, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin. In the Chair: Mr Torbay.
Pair: Mr Kerr—Mr Gibson.
Question negatived.
13. NOTICES OF MOTIONS SOUGHT TO BE ACCORDED PRIORITY
(1) Ms Gadiel made a statement in support of her notice being accorded priority over the other business of the House.
(2) Mr Aplin also made a statement in support of his notice being accorded priority—
That this House condemns the Government for a shortage of mental health beds across New South Wales.
Question—That the motion of the member for Parramatta be accorded priority—put.
The House divided.
AYES 48
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Ms Burton, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Ms Firth, Ms Gadiel, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms Keneally, Mr Khoshaba, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Meagher, Ms Megarrity, Mr Morris, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr Watkins, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin.
NOES 38
Mr Aplin, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Merton, Ms Moore, Mr O’Dea, Mr O’Farrell, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire. In the Chair: Mr Stewart.
Pair: Mr Gibson—Mr Kerr.
Question passed.
14. MOTION ACCORDED PRIORITY—MEDIA AND POP CULTURE
Ms Gadiel moved, pursuant to notice, That this House:
(1) Congratulates the Government on its recent initiatives to ensure young people across New South Wales are protected from the influence of peer and media pressure.
(2) Notes the negative impact that recent media hype surrounding reality television and other popular culture can have on vulnerable young people.
(3) Calls on the producers of this material to behave responsibly and consider the impact of their work.
Debate ensued.
Question put and passed.
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It being before 4.30 pm, government business proceeded with.
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15. SNOWY MOUNTAINS CLOUD SEEDING TRIAL AMENDMENT (EXTENSION) BILL
The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Rees, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Question put and passed.
Bill agreed to in principle.
The Deputy Speaker declared the bill to have passed the House.
16. ATTENDANCE OF THE HONOURABLE MICHAEL COSTA, MLC IN THE LEGISLATIVE ASSEMBLY
Mr Aquilina, by leave, moved, That:
(1) On Tuesday 3 June 2008 standing and sessional orders be suspended to allow for the following routine of business prior to 2.15 pm:
(a) At 12 noon, the introduction of the Appropriation Bill and cognate bills.
(b) The Honourable Michael Costa, MLC, Treasurer, Minister for Infrastructure and Minister for the Hunter, being immediately admitted to the House for the purpose of giving a speech of unlimited duration in relation to the New South Wales Budget 2008-2009.
(c) After the Premier has moved “That these bills be now agreed to in principle”, the debate shall be immediately adjourned after which notices of motions (general notices) are to be given followed by the taking of private members’ statements up to 2.15 pm.
(2) That a message be sent to the Legislative Council inviting the Treasurer to attend the Legislative Assembly on Tuesday 3 June 2008.
Upon which Mr Piccoli moved, That the motion be amended by:
(1) Inserting “to be immediately followed by the Leader of the Opposition who will be given equal time to reply” after “in relation to the New South Wales Budget 2008-2009” in paragraph (1) (b).
(2) Inserting the following after paragraph (1) (c):
“(d) Upon the conclusion of Question Time on the first sitting day after his address, the Honourable Michael Costa, MLC be again admitted to the House for two hours to answer questions on the Appropriation Bill and cognate bills put to him by members in accordance with the standing orders.”
Question proposed—That the words proposed to be inserted be so inserted.
Debate continued.
Question put.
The House divided.
AYES 39
Mr Aplin, Mr Baird, Mr Baumann, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mrs Fardell, Mr Fraser, Ms Goward, Mrs Hancock, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humphries, Mr Merton, Ms Moore, Mr O’Dea, Mr O’Farrell, Mr Oakeshott, Mr Page, Mr Piccoli, Mr Piper, Mr Provest, Mr Richardson, Mr Roberts, Mrs Skinner, Mr Smith, Mr Souris, Mr Stokes, Mr Stoner, Mr J.H. Turner, Mr R.W. Turner, Mr J.D. Williams and Mr R.C. Williams.
Tellers: Mr George and Mr Maguire.
NOES 47
Mr Amery, Ms Andrews, Mr Aquilina, Ms Beamer, Mr Borger, Mr Brown, Ms Burney, Mr Campbell, Mr Collier, Mr Coombs, Mr Corrigan, Mr Costa, Ms D’Amore, Mr Daley, Ms Firth, Ms Gadiel, Mr Greene, Mr Harris, Ms Hay, Mr Hickey, Ms Hornery, Ms Judge, Ms Keneally, Mr Khoshaba, Mr Lynch, Mr McBride, Dr McDonald, Ms McKay, Mr McLeay, Ms McMahon, Ms Meagher, Ms Megarrity, Mr Morris, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Rees, Mr Sartor, Mr Shearan, Mr Stewart, Ms Tebbutt, Mr Terenzini, Mr Tripodi, Mr West and Mr Whan.
Tellers: Mr Ashton and Mr Martin. In the Chair: Mr Torbay.
Pair: Mr Kerr—Mr Gibson.
Question negatived.
Question—That the original motion be agreed to—put and passed.
17. APPROPRIATION (BUDGET VARIATIONS) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Sartor, That this bill be now agreed to in principle.
Question again proposed and debate resumed.
Question put and passed.
Mr O’Dea speaking—
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It being 5.45 pm, debate interrupted for private members’ statements.
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Ordered, That the resumption of the debate stand an order of the day for tomorrow.
18. MESSAGE FROM THE LEGISLATIVE COUNCIL—MARINE PARKS AMENDMENT BILL
The Acting Speaker (Mr Morris) reported the following message from the Legislative Council:
Mr SPEAKER
The Legislative Council has this day agreed to the “Marine Parks Amendment Bill 2008” with the amendments indicated by the accompanying schedule, in which amendments the Council requests the concurrence of the Legislative Assembly.
Legislative Council PETER PRIMROSE
14 May 2008 President
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MARINE PARKS AMENDMENT BILL
Schedule of the amendments referred to in the Legislative Council’s Message of 14 May 2008.
LYNN LOVELOCK
Clerk of the Parliaments
No. 1 Page 4, Schedule 1 [6], proposed section 17B (3), line 9. Insert “, replace or amend” after “establish”.
No. 2 Page 4, Schedule 1 [6], proposed section 17B (4), line 13. Insert “, replacing or amending” after “establishing”.
No. 3 Page 4, Schedule 1 [6], proposed section 17C (1), line 17. Omit “18 months”. Insert instead “12 months”.
No. 4 Page 6, Schedule 1 [6], proposed section 17E (4) (b), line 39. Omit all words on that line. Insert instead:
(b) the proposed amendment corrects a technical error or inconsistency.
No. 5 Page 7, Schedule 1 [7], proposed section 18 (4), lines 8 and 9. Omit all words on those lines. Insert instead:
(4) This section does not apply to or in respect of sand extraction within a marine park for conservation purposes or for the purpose of preventing the risk of serious injury to a person or harm to the environment that is carried out in accordance with a consent granted under this section and any other authorisation required under any other Act.
(5) The relevant Ministers may grant consent (with or without conditions) to the carrying out of sand extraction within a marine park but only if satisfied that the sand extraction is for a purpose referred to in subsection (4).
(6) In deciding whether to grant consent, the relevant Ministers must have regard to the assessment criteria (if any) prescribed by the regulations.
No. 6 Page 13, Schedule 1 [35], proposed section 35AA, lines 1 and 2. Omit “, on the request of the relevant Ministers or the Authority,”.
Examined
AMANDA FAZIO
Chairman of Committees
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Ordered by the Acting Speaker, That the amendments made by the Legislative Council in the bill stand an order of the day for a later time.
19. PRIVATE MEMBERS’ STATEMENTS
Question proposed—That private members’ statements be noted.
Debate ensued.
Question put and passed.
20. CRIMES AMENDMENT (ROCK THROWING) BILL
The Assistant Speaker (Mr McBride) reported the following message from the Legislative Council:
Mr SPEAKER
The Legislative Council having this day passed a bill titled “An Act to amend the Crimes Act 1900 with respect to the throwing of rocks and other objects at vehicles and vessels; and to make consequential amendments to the Criminal Procedure Act 1986” transmits the bill to the Legislative Assembly for concurrence.
Legislative Council PETER PRIMROSE
14 May 2008 President
Bill introduced.
Mr Lynch, on behalf of Mr Campbell, moved, That this bill be now agreed to in principle.
Debate adjourned (Mr Maguire) and the resumption of the debate made an order of the day a later time.
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It being before 7.00 pm, matter of public importance proceeded with.
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21. MATTER OF PUBLIC IMPORTANCE—RURAL STROKE UNIT PROGRAM
The Speaker having previously informed the House of receipt from Mr Martin of a notice of a matter of public importance, namely:
The Rural Stroke Unit Program.
Discussion ensued and concluded.
The House adjourned, pursuant to sessional orders, at 7.10 pm, until tomorrow, at 10.00 am.
Attendance: All members present, except Mr Gibson and Mr Kerr.
RUSSELL D. GROVE PSM RICHARD TORBAY
Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales