107
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2003
FIRST SESSION OF THE FIFTY-THIRD PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 9
WEDNESDAY 21 MAY 2003
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1. CRIMES AMENDMENT (SEXUAL OFFENCES) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.
Question again proposed and debate resumed.
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The following members obtained extensions for further periods of 5 minutes each—Mr Amery and Mr Collier.
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Mr Tripodi moved, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an Order of the Day for a later hour of the day.
2. HUMAN CLONING AND OTHER PROHIBITED PRACTICES BILL
RESEARCH INVOLVING HUMAN EMBRYOS (NEW SOUTH WALES) BILL
Mr Sartor moved, pursuant to notice, That leave be given to bring in the following cognate bills:
i. A bill for an Act to adopt in this State a uniform Australian approach to the prohibition of human cloning and certain other practices associated with reproductive technology; and for other purposes.
ii. A bill for an Act to apply the Research Involving Human Embryos Act 2002 of the Commonwealth as a law of this State; and for other purposes.
Question put and passed.
Bills presented and read a first time.
Mr Sartor moved, That these bills be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an Order of the Day for a future day.
3. VICTIMS LEGISLATION AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Debus moved, That this debate be now adjourned.
Question put and passed.
Ordered, That the resumption of the debate stand an Order of the Day for a later hour of the day.
4. MESSAGE FROM THE LEGISLATIVE COUNCIL
Ms Saliba, Acting Speaker, reported the following message from the Legislative Council:
MR SPEAKER
The Legislative Council has this day agreed to the “Consumer Credit Administration Amendment (Finance Brokers) Bill” with the amendments indicated by the accompanying schedule, in which amendments the Council requests the concurrence of the Legislative Assembly.
Legislative Council PATRICIA FORSYTHE
20 May 2003 Deputy President
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CONSUMER CREDIT ADMINISTRATION AMENDMENT (FINANCE BROKERS) BILL
Schedule of the amendments referred to in Message of 20 May 2003.
JOHN EVANS
Clerk of the Parliaments
No. 1 Page 3, Schedule 1 [1], lines 25 and 26. Omit all words on those lines.
No. 2 Page 4, Schedule 1 [5], lines 17-23. Omit all words on those lines.
No. 3 Page 6, Schedule 1 [6], lines 15-25. Omit all words on those lines. Insert instead:
(c) if the consumer credit is intended to be repaid at regular intervals - the maximum periodic repayments the client is prepared to make in respect of the consumer credit (including the repayment of any credit application fee, credit establishment fee or other fee), and
(d) if the consumer credit is not intended to be repaid at regular intervals - the repayment arrangements acceptable to the client (including for the repayment of any credit application fee, credit establishment fee or other fee), and
(e) the maximum interest rate that will be payable in respect of the consumer credit, and
No. 4 Page 8, Schedule 1 [6], lines 4-14. Omit all words on those lines. Insert instead:
(c) in the case of consumer credit intended to be repaid at regular intervals - the periodic repayments exceed the maximum periodic repayments specified in the contract, or
(d) in the case of consumer credit not intended to be repaid at regular intervals - the repayment arrangements are more onerous than the repayment arrangements specified in the contract, or
(e) the consumer credit is secured at a rate of interest that exceeds the maximum rate specified in the contract, or
No. 5 Page 8, Schedule 1 [6]. Insert after line 20:
(3) A finance broker is not prevented by this section from demanding, receiving or accepting any commission in respect of finance broking merely because of the potential for an increase in the periodic repayments or interest rate, or for repayment arrangements that are more onerous, that arises because of a variation of the interest rate in accordance with the consumer credit contract.
No. 6 Page 9, Schedule 1 [6], lines 20-31. Omit all words on those lines. Insert instead:
(iii) if the consumer credit is intended to be repaid at regular intervals- involves periodic repayments that do not exceed the maximum periodic repayments specified in the contract, and
(iv) if the consumer credit is not intended to be repaid at regular intervals - involves repayment arrangements that are not more onerous than the repayment arrangements specified in the contract, and
(v) is secured at a rate of interest that does not exceed the maximum rate specified in the contract, and
No. 7 Page 10, Schedule 1 [6]. Insert after line 4:
(2) A finance broker is not prevented by this section from demanding, receiving or accepting any commission in respect of finance broking merely because of the potential for an increase in the periodic repayments or interest rate, or for repayment arrangements that are more onerous, that may have arisen because of a variation of the interest rate in accordance with the consumer credit contract.
Examined
AMANDA FAZIO
Chairman of Committees
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Ordered by Ms Saliba, Acting Speaker, That the amendments made by the Legislative Council in the bill be taken into consideration at a later hour.
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Cansdell and Mr George—from certain citizens requesting that Cudgen Creek seaway at Kingscliff be cleared of silt.
Mr George—from certain citizens requesting the fast tracking of plans to build a new dam at Dunoon.
Mr Barr—from certain citizens requesting legislative changes to the medical accident and compensation scheme.
Mr Barr—from certain citizens requesting improvements to the design of the Seaforth Roundabout.
Mrs Hopwood—from certain citizens requesting that La Mancha Cara(van) Park residents be placed at the top of the public housing priority list.
Mr Barr—from certain citizens requesting the retention of the 139 and 136 bus routes.
Mr Barr—from certain citizens requesting the establishment of a regular bus service from Balgowlah shops to Warringah Mall.
6. PLACING OR DISPOSAL OF BUSINESS—CALLOVER OF GENERAL BUSINESS
General Business Notices of Motions (for Bills):
No 2 Young Offenders Amendment (Reform of Cautioning and Warning) Bill, postponed (Mr Stoner).
General Business Notices of Motions (General Notices):
No 3 Rural doctors, postponed (Mr Bartlett)
No 5 Mismanagement of State’s prison system, postponed (Mr Humpherson).
7. RE-ORDERING OF GENERAL BUSINESS
Mrs Hopwood moved, That General Business Notice of Motion (General Notice) No. 38 (Hornsby Ku-ring-gai Health Service) standing in her name, have precedence on Thursday 22 May 2003.
Debate ensued.
Question put and passed.
8. NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Mr Brown—Regional University Funding.
Mr Fraser—Council Amalgamations.
Mr Hartcher—Censure of the Speaker.
9. QUESTIONS
10. SUPPLEMENTARY ANSWER
Mr Iemma provided supplementary information to a question without notice asked of him earlier this day.
Dr Refshauge, by leave, tabled the Report of the Youth Advisory Council for 2002.
12. SPEAKER'S STATEMENT—MOTIONS FOR URGENT CONSIDERATION AND RE-ORDERING OF GENERAL BUSINESS
The Speaker informed the House that the notice of motion for urgent consideration given by the Member for Gosford earlier in the sitting was out of order as Standing Order 120 provided for the giving of two notices of motions for urgent consideration only.
The Speaker also said that in order to save the time of the House he intended to continue the long standing practice of putting the question immediately on procedural motions (such as motions to re-order general business or motions for suspension of standing orders) following an indication of support for such motions.
13. MOTIONS FOR URGENT CONSIDERATION
1. Mr Brown made a statement in support of his notice for urgent consideration.
(2) Mr Fraser made a statement in support of his notice for urgent consideration—
That this House:
1. Calls on the Government to release the list of Councils that it wishes to amalgamate and guarantee plebiscites of all local government areas that will be affected.
2. Calls on the Government to guarantee ratepayers will not have huge increases in rates and charges as a result of these quasi-amalgamations.
3. Condemns the Premier and Minister for Local Government for imposing forced amalgamations under the guise of boundary amendments.
4. Notes Justice Talbot’s comments in the Land and Environment Court in relation to the Local Government Boundaries Commission.
Question—That the notice for urgent consideration of the Member for Kiama (Mr Brown) be proceeded with—put.
The House divided.
AYES 49
Ms Allan, Mr Amery, Ms Andrews, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Lynch, Mr McBride, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Mr Morris, Mr Newell, Ms Nori, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Price, Dr Refshauge, Ms Saliba, Mr Sartor, Mr Scully, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West, Mr Whan and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
NOES 34
Mr Aplin, Mr Barr, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mr Fraser, Mrs Hancock, Mr Hartcher, Mr Hazzard, Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr McGrane, Mr Merton, Ms Moore, Mr Oakeshott, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire.
Pairs: Mr Bartlett—Mr Armstrong; Mr Carr—Ms Hodgkinson and Mr Iemma—Mr J.H. Turner.
Question passed.
14. MOTION FOR URGENT CONSIDERATION—REGIONAL UNIVERSITY FUNDING
Mr Brown moved, pursuant to notice, “That” this House:
1. Condemns the Federal Government for denying the University of Wollongong and University of Newcastle their share of the $122 million of regional funding;
2. Notes that regional campuses of the University of Wollongong including Nowra, Moss Vale and Bega are also being denied much needed funding; and
3. Supports efforts by Vice-Chancellor Professor Gerard Sutton and Vice-Chancellor Professor Roger Holmes in their efforts to have this decision reversed.
Upon which Mrs Skinner moved, That the motion be amended by leaving out all words after “That” with a view to inserting instead the following:
“this House:
(1) Congratulates the Federal Government on its substantial support for higher education;
2. Notes that regional universities will benefit from a regional loading to core funding;
3. Congratulates the Federal Government for its leadership in creating campuses of Wollongong University at Moss Vale, Nowra and Batemans Bay; and
4. Noting the negative impact of payroll tax on regional funding, calls on the Government to reduce this taxation burden on regional institutions.”
Question proposed—That the words proposed to be left out stand.
Debate continued.
Question put.
The House divided.
AYES 56
Ms Allan, Mr Amery, Ms Andrews, Mr Barr, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Mr Draper, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Knowles, Mr Lynch, Mr McBride, Mr McGrane, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Ms Moore, Mr Morris, Mr Newell, Ms Nori, Mr Oakeshott, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Price, Dr Refshauge, Ms Saliba, Mr Sartor, Mr Scully, Mr Stewart, Mr Torbay, Mr Tripodi, Mr Watkins, Mr West, Mr Whan and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
NOES 26
Mr Aplin, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Fraser, Mrs Hancock, Mr Hartcher, Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr Merton, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner and Mr Tink.
Tellers: Mr George and Mr Maguire.
Pairs: Mr Bartlett—Mr Armstrong; Mr Carr—Ms Hodgkinson and Mr Iemma—Mr J.H. Turner.
Question passed.
Question—That the original motion be agreed to—put.
The House divided.
AYES 56
Ms Allan, Mr Amery, Ms Andrews, Mr Barr, Ms Beamer, Mr Black, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Mr Draper, Ms Gadiel, Mr Gaudry, Mr Gibson, Mr Greene, Ms Hay, Mr Hickey, Mr Hunter, Ms Judge, Ms Keneally, Mr Knowles, Mr Lynch, Mr McBride, Mr McGrane, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Ms Moore, Mr Morris, Mr Newell, Ms Nori, Mr Oakeshott, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Price, Dr Refshauge, Ms Saliba, Mr Sartor, Mr Scully, Mr Stewart, Mr Torbay, Mr Tripodi, Mr Watkins, Mr West, Mr Whan and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
NOES 27
Mr Aplin, Ms Berejiklian, Mr Cansdell, Mr Constance, Mr Debnam, Mr Fraser, Mrs Hancock, Mr Hartcher, Mrs Hopwood, Mr Humpherson, Mr Kerr, Mr Merton, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr Stoner, Mr Tink and Mr R.W. Turner.
Tellers: Mr George and Mr Maguire.
Pairs: Mr Bartlett—Mr Armstrong; Mr Carr—Ms Hodgkinson and Mr Iemma—Mr J.H. Turner.
Question passed.
15. MATTER OF PUBLIC IMPORTANCE—SYDNEY HARBOUR AND RECENT RAINS
The Speaker, having previously informed the House of the receipt from Mr Richardson of a matter of public importance, namely:
The impact on Sydney Harbour of recent rains.
Discussion ensued and concluded.
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It being close to 5.15 pm private members' statements proceeded with.
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16. PRIVATE MEMBERS' STATEMENTS
Question proposed—That private members' statements be noted.
Debate ensued.
Question put and passed.
17. CRIMES AMENDMENT (SEXUAL OFFENCES) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put.
The House divided.
AYES 54
Ms Allan, Mr Barr, Ms Beamer, Ms Berejiklian, Mr Brogden, Mr Brown, Ms Burney, Miss Burton, Mr Campbell, Mr Carr, Mr Collier, Mr Corrigan, Mr Crittenden, Ms D'Amore, Mr Debus, Ms Gadiel, Mr Gaudry, Mrs Hancock, Mr Hazzard, Mr Hickey, Mrs Hopwood, Mr Humpherson, Mr Hunter, Mr Iemma, Ms Judge, Ms Keneally, Mr Knowles, Mr Lynch, Mr McLeay, Ms Meagher, Ms Megarrity, Mr Mills, Ms Moore, Mr Morris, Mr Newell, Ms Nori, Mr Oakeshott, Mr Orkopoulos, Mrs Paluzzano, Mr Pearce, Mrs Perry, Mr Price, Dr Refshauge, Mr Sartor, Mr Scully, Ms Seaton, Mrs Skinner, Mr R.W. Turner, Mr Watkins, Mr West, Mr Whan and Mr Yeadon.
Tellers: Mr Ashton and Mr Martin.
NOES 32
Mr Amery, Ms Andrews, Mr Aplin, Mr Cansdell, Mr Constance, Mr Debnam, Mr Draper, Mr Fraser, Mr Gibson, Mr Greene, Mr Hartcher, Ms Hay, Mr Kerr, Mr McBride, Mr McGrane, Mr Merton, Mr O'Farrell, Mr Page, Mr Piccoli, Mr Pringle, Mr Richardson, Mr Roberts, Ms Saliba, Mr Slack-Smith, Mr Souris, Mr Stewart, Mr Stoner, Mr Tink, Mr Torbay and Mr Tripodi.
Tellers: Mr George and Mr Maguire.
Question passed.
Bill read a second time.
Mr Mills, Acting Speaker, left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the bill.
The Speaker resumed the Chair and the Temporary Chairman (Ms Andrews) reported the bill with an amendment.
On motion of Mr Debus, the report was adopted.
The Speaker consented to the third reading being taken forthwith.
Bill, on motion of Mr Debus, read a third time.
Mr Scully moved, That the House at its rising this day do adjourn until Thursday 22 May 2003 at 10.00 am.
Question put and passed.
Mr Scully moved, That the business before the House be interrupted to permit the Members for Wollongong, Bega, Drummoyne, Albury, and Hawkesbury to make their inaugural speeches forthwith.
Inaugural speeches were made by Ms Hay, Mr Constance, Ms D’Amore, Mr Aplin and Mr Pringle.
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Ms Hay, Mr Constance, Ms D’Amore, Mr Aplin and Mr Pringle obtained extensions for further periods of 5 minutes each.
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20. VICTIMS LEGISLATION AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Debus, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr Debus, read a third time.
21. AUSTRALIAN CRIME COMMISSION (NEW SOUTH WALES) BILL
Mr Watkins moved, pursuant to notice, That leave be given to bring in a bill for an Act to make provision for the operation of the Australian Crime Commission in New South Wales; to repeal the National Crime Authority (State Provisions) Act 1984; and to make consequential amendments to various Acts.
Question put and passed.
Bill presented and read a first time.
Mr Watkins moved, That this bill be now read a second time.
Debate adjourned (Mr George) and the resumption of the debate made an Order of the Day for a future day.
22. FAIR TRADING AMENDMENT BILL
Ms Meagher moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Fair Trading Act 1987 to make provision with respect to direct commerce practices, product recall orders, express consumer trade warranties, enforcement provisions and other miscellaneous matters; to repeal the Door-to-Door Sales Act 1967 and the Mock Auctions Act 1974; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Ms Meagher moved, That this bill be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an Order of the Day for a future day.
Ms Meagher moved, pursuant to notice, That leave be given to bring in a bill for an Act to provide for the registration and regulation of architects; to repeal the Architects Act 1921; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Ms Meagher moved, That this bill be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an Order of the Day for a future day.
24. LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL
Mr Newell, on behalf of Mr Campbell, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Local Government Act 1993 with respect to the ordinary election of councillors and other persons to civic office; to facilitate a decrease in the number of councillors of a council; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Newell moved, That this bill be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an Order of the Day for a future day.
25. HUMAN TISSUE AND ANATOMY LEGISLATION AMENDMENT BILL
Miss Burton, on behalf of Mr Iemma, moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Anatomy Act 1977, the Human Tissue Act 1983 and other Acts to make further provision with respect to the removal, retention and use of human tissue, post-mortem examinations and anatomical examinations; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Miss Burton moved, That this bill be now read a second time.
Debate adjourned (Mr Maguire) and the resumption of the debate made an Order of the Day for a future day.
26. MESSAGES FROM THE LEGISLATIVE COUNCIL
The Deputy Speaker reported messages from the Legislative Council returning the following bills without amendment:
21 May 2003
Crimes Legislation Amendment (Property Identification) Bill
Rural Lands Protection Amendment Bill.
27. JOINT STANDING COMMITTEE ON ROAD SAFETY
The Deputy Speaker reported the following message from the Legislative Council:
MR SPEAKER
The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution:
1. That this House agrees to the resolution in the Legislative Assembly’s Message of Thursday 8 May 2003 relating to the appointment of a Joint Standing Committee to inquire into and report on road safety in New South Wales.
2. That the representatives of the Legislative Council on the Joint Standing Committee be Mr West, Mr Colless and Mr Tingle, and that Thursday 22 May 2003 at 10.30 am in the Waratah Room be the time and place for the first meeting.
Legislative Council PATRICIA FORSYTHE
21 May 2003 Deputy President
Mr Scully moved, That this House do now adjourn.
Question put and passed.
The House adjourned accordingly at 11.59 pm, until tomorrow, at 10.00 am.
RUSSELL D. GROVE PSM JOHN AQUILINA
Clerk of the Legislative Assembly Speaker
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Authorised by the Parliament of New South Wales