Minutes No. 22, Tuesday 18 June 1996

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    PARLIAMENT OF NEW SOUTH WALES
    __________

    No. 22
    __________

    MINUTES OF THE PROCEEDINGS

    OF THE

    LEGISLATIVE COUNCIL
    ____________________

    SECOND SESSION OF THE FIFTY-FIRST PARLIAMENT
    ____________________

    TUESDAY 18 JUNE 1996

    1 The House met at 2.30 p.m. according to adjournment. The President took the Chair and read the Prayers.

    Members present___

    The Honourable Max Frederick Willis, R.F.D., E.D., LL.B., President

    The Honourable Franca Arena, A.M.
    The Honourable Richard Thomas Marshall Bull
    The Honourable Doctor Meredith Anne Burgmann,
    M.A.(Syd.), Ph.D.(Macq.)
    The Honourable Janice Carolyn Burnswoods,
    B.A.(Hons), Dip.Ed.
    The Honourable Virginia Anne Chadwick, B.A.,
    Dip.Ed.
    The Honourable Ian Cohen, B.A., Dip.Ed.
    The Honourable Alan Gordon Corbett, B.A., Dip.Ed.,
      Dip.T.E.F.L., M.A.
    The Honourable Ronald David Dyer, Dip.Law,
    Dip.Crim.
    The Honourable Michael Rueben Egan, B.A.
    The Honourable Patricia Forsythe, B.A., Dip.Ed.
    The Honourable Michael Joseph Gallacher
    The Honourable Jennifer Ann Gardiner, B.Bus.
    The Honourable Duncan John Gay
    The Honourable Doctor Marlene Mary Herbert Goldsmith,
    B.A., M.Ed.(Hons), Ph.D.(Minn.)
    The Honourable John Planta Hannaford, LL.B.
    The Honourable Dorothy May Isaksen
    The Honourable John Hughes Jobling, Ph.C., M.P.S.
    The Honourable John Richard Johnson
    The Honourable Richard Stanley Leigh Jones
    The Honourable James Kaldis
    The Honourable Mark Raymond Kersten
    The Honourable Elisabeth Kirkby
    The Honourable Charlie John Stuart Lynn, p.s.c.
    The Honourable Ian Michael Macdonald, B.A.(Hons)
    The Honourable Andrew Bruce Manson
    The Honourable Douglas Frederick Moppett, B.Sc.Agr.
    The Honourable Elaine Blanche Nile
    The Reverend the Honourable Frederick John Nile,
    E.D., L.Th.
    The Honourable Edward Moses Obeid, O.A.M.
    The Honourable Doctor Brian Patrick Victor Pezzutti,
    R.F.D., M.B., B.S.(Syd.), F.F.A.R.A.C.S.,
    F.A.N.Z.C.A.
    The Honourable Peter Thomas Primrose, B.Soc.Stud.(Syd.)
    The Honourable John Francis Ryan, B.A.(Hons),
    Dip.Ed.
    The Honourable Janelle Anne Saffin
    The Honourable James Miltiadis Samios, M.B.E., B.A.,
    LL.B.
    The Honourable Helen Wai-Har Sham-Ho, B.A.,
    Dip.Soc.Wk, B.Leg.S.
    The Honourable Jeffrey William Shaw, Q.C., B.A.,
    LL.B.
    The Honourable Robert Baron Rowland Smith
    The Honourable Patricia Jane Staunton, A.M., R.N.,
      LL.B. (Lon.) Barrister-at-Law
    The Honourable Elizabeth Ann Symonds
    The Honourable John Saxon Tingle
    The Honourable Bryan Henry Vaughan, LL.B.

    2 STATEMENT BY PRESIDENT

    The President made a statement concerning the deaths of 18 Australian soldiers who lost their lives in a training exercise.

    Members and Officers of the House stood silent for one minute as a mark of respect.


    3 FORESTRY ACT 1916 - REVOCATION OF DEDICATION AS STATE FORESTS OF CERTAIN LANDS

    The President reported and read the following Message from His Excellency the Governor:

    Gordon Samuels
    Governor

    In accordance with the provisions contained in the Nineteenth Section of the Forestry Act, 1916, the Governor recommends for the consideration of the Legislative Council, that a resolution be adopted authorising the revocation of the dedication as State Forest of the lands set out in the attached schedule.

    Office of the Governor
    Sydney, 18 June 1996


    REVOCATION SCHEDULE


    State ForestSF. No.ParishCountyArea (ha) (Approx.)PortionPurpose
    Bondo967Garnet,
    Goobarragandra
    Buccleuch1,350PartAddition to Kosciusko National Park
    Micalong593Cooleman, Garnet, NimboBuccleuch930PartAddition to Kosciusko National Park
    Yadboro974Burrill, YadboroSt. Vincent1,700PartAddition to Morton National Park
    Yalwal643BuanglaSt. Vincent1,550PartAddition to Morton National Park
    Bundella511BundellaPottinger2,347WholePart proposed Coolah Tops National Park
    Warung457Cunna, Moan & WarungBligh7,140PartPart proposed Coolah Tops National Park


    4 PAPERS

    Mr Shaw tabled the undermentioned Papers:

    Reports:

    (1) Annual Reports (Statutory Bodies) Act 1984 - Report of NSW Commercial Fishing Advisory Council for year ended 30 June 1995.

    (2) Parliamentary Electorates and Elections Act 1912 - Statistical Returns for By-elections in Electoral Districts of Clarence, Orange, Pittwater, Southern Highlands and Strathfield, held 25 May 1996.


    5 PAPER

    Ms Staunton tabled a Special Report from Estimates Committee No. 1 on a possible contempt of the Committee.

    Ordered: That the Report be printed.


    6 NOTICES OF MOTIONS


    7 BUSINESS POSTPONED

    Orders of the Day Nos 1 and 2 on the Notice Paper of Government Business postponed, on motion of Mr Dyer, until a later hour of the sitting.


    8 STATE ENVIRONMENTAL PLANNING (PERMISSIBLE MINING) BILL

    Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Egan: That this Bill be now read a second time.

    Debate resumed.

    Motion made (Mr Jones speaking) and question: That this debate be now adjourned until a later hour of the sitting - put and passed.


    9 MINISTERIAL STATEMENT

    Mr Egan made a Ministerial Statement regarding Commonwealth specific purpose payments to New South Wales.

    Mr Hannaford and Revd Mr Nile also addressed the House.


    10 STATE ENVIRONMENTAL PLANNING (PERMISSIBLE MINING) BILL

    Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Egan: That this Bill be now read a second time.


    Debate resumed.

    ____________________

    According to Sessional Order, proceedings interrupted at 4.00 p.m. for Questions.

    ____________________

    By leave, the President called for petitions.


    11 PETITIONS

    Oaths and Crown References Bill

    Mr Samios presented a petition from 508 citizens of New South Wales praying that the House reject the Oaths and Crown References Bill which has as its object the abolition of the Oath of Allegiance to Her Majesty the Queen of Australia and the removal of references to The Crown from Government functionaries.

    Petition received.


    12 QUESTIONS


    13 STATE ENVIRONMENTAL PLANNING (PERMISSIBLE MINING) BILL

    Order of the Day read for resumption of the interrupted debate of the question on the motion of Mr Egan: That this Bill be now read a second time.

    Debate resumed.

    ____________________

    Mr Cohen sought leave to table a letter relating to the effects of dust exposure on horses from activities associated with open cut coal mining.

    Objection taken.

    Leave not granted.

    ____________________

    Debate continued.

    Question put and passed.

    Bill read a second time.

    The President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.

    The Chairman reported the Bill without amendment.

    The House adopted the Report.

    Standing Orders having been suspended Monday 17 June 1996 -

    Bill, on motion of Mr Egan, read a third time.

    Bill returned to the Legislative Assembly without amendment.


    14 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

    The President reported the following Messages from the Legislative Assembly:

    (1) State Revenue Legislation Amendment Bill

    Mr PRESIDENT

    The Legislative Assembly having this day passed a Bill intituled “An Act to amend the Stamp Duties Act 1920 with respect to an exemption from loan security duty and with respect to duty payable on share sales on behalf of the Commonwealth and other matters; to amend the Debits Tax Act 1990 with respect to penalty interest payable on unpaid debits tax; to amend the Business Franchise Licences (Tobacco) Act 1987 to permit cancellation and suspension of licences under that Act and with respect to the conditions attached to such licences; and for other purposes” presents the same to the Legislative Council for its concurrence.

    Legislative Assembly JOHN MURRAY
    18 June 1996 Speaker

    Cognate Bills

    (2) Superannuation Administration Bill

    Mr PRESIDENT

    The Legislative Assembly having this day passed a Bill intituled “An Act to provide for trustees for State public sector superannuation schemes and the provision of investment and administration services for such schemes; to constitute as a trustee for the accumulation style schemes open to new members the FSS Trustee Corporation; to continue as a trustee for the defined benefit style schemes closed to new members the SAS Trustee Corporation (formerly the State Authorities Superannuation Board); to confer on the Axiom Funds Management Corporation power to provide investment services for State public sector superannuation schemes and other schemes; to constitute the Superannuation Administration Authority of New South Wales and confer on it power to provide administration services for such schemes and other schemes; to enable the establishment of additional superannuation schemes for State public sector employees by trust deed; and for other purposes” presents the same to the Legislative Council for its concurrence.

    Legislative Assembly JOHN MURRAY
    18 June 1996 Speaker

    (3) Superannuation (Axiom Funds Management Corporation) Bill

    Mr PRESIDENT

    The Legislative Assembly having this day passed a Bill intituled “An Act to establish the Axiom Funds Management Corporation and to provide for its functions; to convert the Corporation to a public company to be known as Axiom Funds Management Limited, and to provide for the future sale of that company; and for other purposes” presents the same to the Legislative Council for its concurrence.

    Legislative Assembly JOHN MURRAY
    18 June 1996 Speaker

    According to Sessional Order, leave granted for procedural motions for the first reading, printing, suspension of Standing Orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

    Bills, on motion of Mr Egan, read a first time, printed, Standing Orders suspended on Contingent Notice for remaining stages and second reading of the Bills set down as Orders of the Day for next sitting day.


    15 ADJOURNMENT

    Mr Egan moved: That this House do now adjourn.

    Question put and passed.

    The House adjourned at 11.24 p.m. until Wednesday 19 June 1996 at 11.00 a.m.




    John Evans
    Clerk of the Parliaments

    ___________________

    Authorised by the Parliament of New South Wales