1. Home
  2. Hansard & Papers
  3. Legislative Council
Contact Print this page Reduce font size Increase font size

Minutes No. 13, Thursday 9 May 2002

All Hansard & Papers this day | Adobe PDFDownload as PDF (30Kb)
159


    PARLIAMENT OF NEW SOUTH WALES
    __________
    No. 13
    __________
    MINUTES OF THE PROCEEDINGS
    OF THE
    LEGISLATIVE COUNCIL
    ____________________
    THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT
    ____________________
    THURSDAY 9 MAY 2002


    1 The House met at 11.00 am according to adjournment. The President took the Chair and read the Prayers.

    Members present—
    The Honourable Doctor Meredith Anne Burgmann, MA(Syd) PhD(Macq), President
    The Honourable Peter James Breen, DipLaw
    The Honourable Janice Carolyn Burnswoods,
    BA(Hons) DipEd
    The Honourable Doctor Arthur Chesterfield-Evans,
    MB BS FRCS(Eng) MApplSci(OHS)
    The Honourable Ian Cohen, BA DipEd
    The Honourable Richard Hargrave Colless,
    HD App Sci(Agric)
    The Honourable Michael Costa
    The Honourable John Joseph Della Bosca, BA
    The Honourable Ronald David Dyer, DipLaw DipCrim
    The Honourable Michael Rueben Egan, BA
    The Honourable Amanda Ruth Fazio
    The Honourable Patricia Forsythe, BA DipEd
    The Honourable Michael Joseph Gallacher, BProf St
    The Honourable Jennifer Ann Gardiner, BBus
    The Honourable Duncan John Gay
    The Honourable Donald Thomas Harwin, BEc(Hons)
    The Honourable John Hatzistergos, BEc LLM
    The Honourable John Hughes Jobling, PhC MPS
    The Honourable Malcolm Irving Jones
    The Honourable Richard Stanley Leigh Jones
    The Honourable Anthony Bernard Kelly, ALGA
    The Honourable Charlie John Stuart Lynn, psc
    The Honourable Ian Michael Macdonald, BA(Hons)    		The Honourable Douglas Frederick Moppett, BScAgr
    The Reverend the Honourable Frederick John Nile,
    ED LTh
    The Honourable Edward Moses Obeid, OAM
    The Honourable David Ernest Oldfield
    The Honourable Gregory Stephen Pearce, BA LLB
    The Honourable Doctor Brian Patrick Victor Pezzutti,
    RFD MB BS(Syd) FFARACS FANZCA
    The Honourable Peter Thomas Primrose,
    B SocStud(Syd)
    Ms Lee Rhiannon
    The Honourable John Francis Ryan, BA(Hons) DipEd
    The Honourable Janelle Anne Saffin
    The Honourable James Miltiadis Samios, MBE BA
    LLB
    The Honourable Helen Wai-Har Sham-Ho, BA
    DipSocWk(Syd) BLegS(Macq)
    The Honourable Carmel Mary Tebbutt, BEc
    The Honourable John Saxon Tingle
    The Honourable Henry Shiu-Lung Tsang, OAM
    BArch(NSW) DipBdg Sc(Syd) Fellow(UTS)
    The Honourable Ian William West
    The Honourable Doctor Peter Wong, AM MB BS(Syd)
    BPharm(Syd)


    2 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

    The President reported the following Messages from the Legislative Assembly:

    (1) Home Building Amendment (Insurance) Bill

    Madam PRESIDENT

    The Legislative Assembly has this day passed a Bill titled “An Act to amend the Home Building Act 1989 and the Home Building Regulation 1997 to make further provision with respect to insurance for residential building work, owner-builder work and the supply of kit homes; and for other purposes” and presents the same to the Legislative Council for its concurrence.

    Legislative Assembly JOHN MURRAY
    8 May 2002 Speaker

    (2) Legal Profession Amendment (National Competition Policy Review) Bill

    Madam PRESIDENT

    The Legislative Assembly has this day passed a Bill titled “An Act to amend the Legal Profession Act 1987 to make further provision with respect to the practice of barristers and solicitors; and for other purposes” and presents the same to the Legislative Council for its concurrence.

    Legislative Assembly JOHN MURRAY
    8 May 2002 Speaker

    (3) Crimes Amendment (Bushfires) Bill

    Madam PRESIDENT

    The Legislative Assembly has this day passed a Bill titled “An Act to amend the Crimes Act 1900 and the Criminal Procedure Act 1986 with respect to causing bushfires” and presents the same to the Legislative Council for its concurrence.

    Legislative Assembly JOHN MURRAY
    8 May 2002 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 a later hour of the sitting.


    3 PAPERS

    Mr Costa tabled the following papers:

    (1) Coroners Act 1980—Report entitled “Report by the NSW State Coroner into deaths in custody/police operations: 2001”.

    (2) Public Defenders Act 1995—Report of Public Defenders for year ended 30 June 2001.

    Ordered: That the reports be printed.
    Mr Costa further tabled the following papers:

    (3) Forfeiture Act 1995—Report of Attorney General’s Department on review of Act, dated March 2002.

    (4) Independent Pricing and Regulatory Tribunal Act 1992—Report of the Independent Pricing and Regulatory Tribunal on Capital Contributions and Repayments for Connections to Electricity Distribution Networks in New South Wales: Final Report, dated April 2002 (Determination No. 1, 2002).


    4 PETITION

    Proposed changes to local government boundaries

    Mr Gay presented a petition from 500 citizens of New South Wales stating that they strongly object to the lack of community consultation over proposed changes to the boundaries of inner Sydney councils, and praying that the House will conduct a public inquiry into the proposed boundary changes and ensure that a plebiscite takes place before any boundary changes are made.

    Petition received.


    5 NOTICES OF MOTIONS


    6 NOTICE OF MOTION WITHDRAWN

    Mr Jobling withdrew Private Members’ Business item No. 76 outside the Order of Precedence standing in his name on the Notice Paper for today relating to Order for Papers on Mogo charcoal plant.


    7 PRECEDENCE OF BUSINESS

    Mr Egan sought the leave of the House to move a motion without notice relating to precedence of Government Business.

    No objection taken.

    Leave granted.

    Mr Egan then moved, by leave and without Notice: That Government Business take precedence of General Business after Private Members’ Business item No. 8 inside the Order of Precedence is completed.

    Question put and passed.


    8 ANTI-DISCRIMINATION (HETEROSEXUAL DISCRIMINATION) AMENDMENT BILL

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

    Debate resumed.

    Motion made (Revd Mr Nile speaking) and question: That this debate be now adjourned until next sitting day—put and passed.
    9 PUBLIC HEALTH AMENDMENT (JUVENILE SMOKING) BILL

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

    Debate resumed.

    Motion made (Revd Mr Nile speaking) and question: That this debate be now adjourned until next sitting day—put and passed.


    10 GOVERNMENT (OPEN MARKET COMPETITION) BILL

    Dr Chesterfield-Evans moved, according to Notice: That leave be given to bring in a Bill for an Act to require Government contracts, and tenders relating to Government contracts, to be made available for public inspection, and to enable the Auditor-General to audit the accounts of persons and bodies that receive public money by way of grant.

    Question put and passed.

    Bill presented.

    Bill read a first time and ordered to be printed.

    Dr Chesterfield-Evans then moved, according to Sessional Order: That this Bill be now read a second time.

    Debate ensued.

    Motion made (Mr Harwin) and question: That this debate be now adjourned until five calendar days ahead—put and passed.


    11 GENERAL PURPOSE STANDING COMMITTEE NO. 4

    Miss Gardiner moved, according to Notice: That this House take note of Report No. 6 of General Purpose Standing Committee No. 4 entitled “Budget Estimates 2001-2002”, and in particular, the Committee’s adverse report on the failure of the Minister for Transport and Minister for Roads to provide satisfactory answers to many of the Committee’s questions on notice and further notes that this exemplifies the lack of ministerial accountability, secrecy, and hubris that pervades the Carr Labor Government.

    Debate ensued.

    Motion made (Dr Pezzutti) and question: That this debate be now adjourned until the next sitting day on which General Business takes precedence—put and passed.


    12 FAMILY IMPACT COMMISSION BILL

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

    Debate resumed.

    Motion made (Mr Primrose speaking) and question: That this debate be now adjourned until the next sitting day on which General Business takes precedence—put and passed.
    13 BUSINESS POSTPONED

    Private Members’ Business item No. 7 in the Order of Precedence postponed, on motion of Mr Jobling (on behalf of Mr Gay), until the first sitting day in June 2002 on which General Business takes precedence.


    14 NATIONAL PARKS AND WILDLIFE AMENDMENT (LICENCES) BILL (Notice given with the short title as: National Parks and Wildlife Amendment (Occupiers’ Licences) Bill)

    Mr Richard Jones sought the leave of the House to amend his Notice of Motion as follows:

    No. 1 Line 1. Omit “section 121”. Insert instead “sections 120 and 121”.

    No. 2 Line 3. Omit “that section,”. Insert instead “those sections;”.

    No objection taken.

    Leave granted.

    Mr Richard Jones moved, according to Notice as by leave amended: That leave be given to bring in a Bill for an Act to amend sections 120 and 121 of the National Parks and Wildlife Act 1974 with respect to the harm that may be done to fauna under the authority of licences under those sections; and for other purposes.

    Question put and passed.

    Bill presented.

    Bill read a first time and ordered to be printed.

    Mr Richard Jones then moved, according to Sessional Order: That this Bill be now read a second time.

    Debate ensued.

    ____________________

    According to Sessional Order, proceedings interrupted at 12.00 noon for Questions.
    ____________________


    15 QUESTIONS


    16 PAPER

    Mr Macdonald tabled the following paper:

    Tweed River Entrance Sand Bypassing Act 1995—Report of Minister for Land and Water Conservation on review of Act.


    17 NATIONAL PARKS AND WILDLIFE AMENDMENT (LICENCES) BILL

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

    Debate resumed.

    Motion made (Revd Mr Nile) and question: That this debate be now adjourned until five sitting days ahead—put and passed.


    18 BUSINESS POSTPONED

    (1) Notice of Motion No. 1 on the Notice Paper of Government Business postponed, on motion of Ms Tebbutt, until a later hour of the sitting.

    (2) Orders of the Day Nos 1 to 5 on the Notice Paper of Government Business postponed, on motion of Ms Tebbutt, until a later hour of the sitting.


    19 AGL CORPORATE CONVERSION BILL

    On the Order of the Day being read, Ms Tebbutt moved: That this Bill be now read a second time.

    Leave granted for the mover’s second reading speech to be incorporated in Hansard.

    Debate ensued.

    ____________________

    Distinguished Visitors

    The Deputy President (Mrs Sham-Ho) invited attention to the presence in the President’s gallery of the China Enterprises Personages delegation.
    ____________________

    Debate continued.

    Question put and passed.

    Bill read a second time.

    According to Sessional Order, leave granted to proceed to the third reading of the Bill forthwith.

    Standing Orders having been suspended Tuesday 7 May 2002—

    Bill, on motion of Ms Tebbutt, read a third time.

    Bill returned to the Legislative Assembly without amendment.


    20 BUSINESS POSTPONED

    Orders of the Day Nos 7 and 8 on the Notice Paper of Government Business postponed, on motion of Mr Della Bosca, until a later hour of the sitting.


    21 HOME BUILDING AMENDMENT (INSURANCE) BILL

    On the Order of the Day being read, Mr Della Bosca moved: That this Bill be now read a second time.

    Leave granted for the mover’s second reading speech to be incorporated in Hansard.
    Debate ensued.
    ____________________

    Distinguished Visitor

    The President invited attention to the presence in her gallery of Ms Sylwia Pusz, Member of the Polish Parliament.
    ____________________

    Debate continued.

    Question put and passed.

    Bill read a second time.

    According to Sessional Order, leave granted to proceed to the third reading of the Bill forthwith.

    Standing Orders having been suspended Thursday 11 April 2002—

    Mr Della Bosca moved: That this Bill be now read a third time.

    Mr Jobling moved: That the question be amended by the addition of the following paragraphs:

    2. That the provisions of the Home Building Amendment (Insurance) Bill, as passed by the House, be referred to the Standing Committee on Law and Justice for inquiry and report, together with the impact of the bill on:
      (a) home warranty insurance,
      (b) home builders,
      (c) consumers.

    3. That the Committee report by Thursday 5 September 2002.

    4. The reference of this Bill to the Standing Committee on Law and Justice is in no way intended to constrain the commencement of the Bill at an earlier date.

    Debate ensued.

    Question: That the amendment of Mr Jobling be agreed to—put and passed.

    Original question as amended:

    1. That this Bill be now read a third time.

    2. That the provisions of the Home Building Amendment (Insurance) Bill, as passed by the House, be referred to the Standing Committee on Law and Justice for inquiry and report, together with the impact of the bill on:
      (a) home warranty insurance,
      (b) home builders,
      (c) consumers.

    3. That the Committee report by Thursday 5 September 2002.

    4. The reference of this Bill to the Standing Committee on Law and Justice is in no way intended to constrain the commencement of the Bill at an earlier date—put and passed.

    Bill returned to the Legislative Assembly without amendment.


    22 BAIL AMENDMENT (REPEAT OFFENDERS) 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.

    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 Committee reported the Bill with amendments.

    The House adopted the Report.

    Standing Orders having been suspended Wednesday 10 April 2002—

    Mr Macdonald moved: That this Bill be now read a third time.

    Question put.

    The House divided.
    Ayes 24
        Mr Della Bosca
        Mr Dyer
        Mr Fazio
        Mrs Forsythe
        Mr Gallacher
        Miss Gardiner
        Mr Harwin
        Mr Hatzistergos        		Mr Jobling *
        Mr Malcolm Jones
        Mr Kelly
        Mr Macdonald
        Mr Moppett
        Revd Mr Nile
        Mr Oldfield
        Mr Pearce        		Dr Pezzutti
        Mr Primrose *
        Mr Ryan
        Ms Saffin
        Mr Samios
        Mrs Sham-Ho
        Mr Tsang
        Mr West

        * Tellers

    Noes 6
        Mr Breen
        Dr Chesterfield-Evans*        		Mr Cohen
        Mr Richard Jones        		Ms Rhiannon
        Dr Wong *

        * Tellers


    Question resolved in the affirmative.

    Bill read a third time.

    Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
    BAIL AMENDMENT (REPEAT OFFENDERS) BILL
    ______________________________________

    Schedule of the amendments referred to in the Legislative Council’s Message of 9 May 2002.

    No. 1 Page 3, Schedule 1. Insert after line 25:
            Omit section 32 (1) (a) (i). Insert instead:
                (i) the person’s background and community ties, as indicated (in the case of a person other than an Aboriginal person or a Torres Strait Islander) by the history and details of the person’s residence, employment and family situations and the person’s prior criminal record (if known),
                (ia) the person’s background and community ties, as indicated (in the case of an Aboriginal person or a Torres Strait Islander) by the person’s ties to extended family and kinship and other traditional ties to place and the person’s prior criminal record (if known),
          [5] Section 32 (1) (b) (v) and (vi)

    No. 2 Page 3, Schedule 1. Insert “or is an Aboriginal person or a Torres Strait Islander,” after “years,” in line 27.

    No. 3 Page 3, Schedule 1 [4], line 28. Insert “or is mentally ill” after “disability”.

    No. 4 Page 4, Schedule 1 [7]. Insert after line 24:
          (2B) The Minister for Corrective Services is to ensure that adequate and appropriate accommodation for persons on bail is available for the purposes of the placement of persons on bail.

    No. 5 Page 5, Schedule 1 [9], line 17. Insert “or who are mentally ill” after “disability”.


    23 RETURN TO ORDER—LONG TERM STRATEGIC PLAN FOR RAIL

    The Clerk, according to the resolution of the House of Wednesday 8 May 2002, tabled a report entitled “Long-term Strategic Plan for Rail” received this day from the Director-General of the Premier’s Department and referred to in paragraph 1 of the resolution of the House.


    24 ATTENDANCE OF THE HONOURABLE M R EGAN, MLC, IN THE LEGISLATIVE ASSEMBLY

    The President reported the following Message from the Legislative Assembly:

    Madam PRESIDENT

    The Legislative Assembly requests the concurrence of the Legislative Council for the Honourable M R Egan, MLC, Treasurer, Minister for State Development and Vice-President of the Executive Council to attend at the Table of the Legislative Assembly on Tuesday 4 June 2002 for the purpose only of giving a speech in relation to the New South Wales Budget 2002-2003.

    Legislative Assembly JOHN MURRAY
    9 May 2002 Speaker

    Mr Macdonald moved, according to Contingent Notice: That Standing and Sessional Orders be suspended to allow consideration of the Assembly’s Message forthwith.
    Question put and passed.

    Mr Macdonald moved: That this House agrees to the request of the Legislative Assembly in its Message dated 9 May 2002 for the Honourable M R Egan, MLC, Treasurer, Minister for State Development, and Vice-President of the Executive Council to attend at the Table of the Legislative Assembly on Tuesday 4 June 2002 for the purpose only of giving a speech in relation to the New South Wales Budget 2002-2003.

    Question put and passed.

    Mr Macdonald then moved: That the following message be forwarded to the Legislative Assembly:

    Mr SPEAKER

    The Legislative Council desires to inform the Legislative Assembly that it agrees to the request of the Legislative Assembly in its Message dated 9 May 2002 for the Honourable M R Egan, MLC, Treasurer, Minister for State Development and Vice-President of the Executive Council, to attend at the Table of the Legislative Assembly on Tuesday 4 June 2002 for the purpose only of giving a speech in relation to the New South Wales Budget 2002 - 2003.

    Legislative Council MEREDITH BURGMANN
    9 May 2002 President

    Question put and passed.


    25 SPECIAL ADJOURNMENT

    Mr Macdonald moved: That this House at its rising today do adjourn until Tuesday 4 June 2002 at 2.30 pm.

    Question put and passed.


    26 GAMING MACHINES AMENDMENT BILL

    On the Order of the Day being read, the President left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.

    The Committee reported the Bill with amendments.

    The House adopted the Report.

    Standing Orders having been suspended Thursday 11 April 2002—

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

    Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
    GAMING MACHINES AMENDMENT BILL
    ______________________________________

    Schedule of the amendments referred to in the Legislative Council’s Message of 9 May 2002.

    No. 1 Page 3, Schedule 1. Insert after line 29:
          [5] Section 19 Transfer of poker machine entitlements
            Insert after section 19 (5):
            (6) However, a person is not, for the purposes of subsection (3) (c), to be considered as having a financial interest in a hotelier’s licence by reason only of the person being the owner of the hotel.

    No. 2 Page 10, Schedule 1. Insert after line 10:
          [35] Section 47A

            Insert after section 47:
            47A Prohibition on accepting transfer of prize winning cheques
                (1) A person (other than a financial institution) must not accept the transfer of a cheque that the person knows, or could reasonably be expected to know, is a prize winning cheque.
                    Maximum penalty: 100 penalty units.
                (2) Without limiting subsection (1), a person who accepts the transfer of a prize winning cheque in, or within 500 metres of, a hotel or registered club is taken to know that the cheque is a prize winning cheque unless the contrary is proven.
                (3) In this section:
                    prize winning cheque means a crossed cheque (as referred to in section 53 of the Cheques Act 1986 of the Commonwealth) that is paid by a hotelier or registered club as prize money to a person as a result of the person winning money or accumulating credits on an approved gaming machine.

    27 NOTICE OF MOTION

    Mr Macdonald, by consent under Standing Order 54A gave a Notice of Motion with respect to Question time on Tuesday 4 June 2002.


    28 ADJOURNMENT

    Mr Macdonald moved: That this House do now adjourn.

    Debate ensued.

    Question put and passed.

    The House adjourned at 11.25 pm until Tuesday 4 June 2002 at 2.30 pm.




John Evans
Clerk of the Parliaments
    _____________________________
    Authorised by the Parliament of New South Wales


    Last modified 09/11/2007 14:28:21   :   Update this page