425
PARLIAMENT OF NEW SOUTH WALES
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No. 39
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MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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SECOND SESSION OF THE FIFTY-SECOND PARLIAMENT
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THURSDAY 4 MAY 2000
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 Richard Thomas Marshall Bull
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 Alan Gordon Corbett, BA DipEd
DipTEFL MA
The Honourable John Joseph Della Bosca, BA
The Honourable Ronald David Dyer, DipLaw DipCrim
The Honourable Michael Rueben Egan, BA
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 John Planta Hannaford, LLB
The Honourable Donald Thomas Harwin, BEc(Hons)
The Honourable John Hatzistergos, BEc LLM
The Honourable John Hughes Jobling, PhC MPS
The Honourable John Richard Johnson
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 Andrew Bruce Manson
The Honourable Douglas Frederick Moppett, BScAgr
The Honourable Elaine Blanche Nile
The Reverend the Honourable Frederick John Nile,
ED LTh
The Honourable Edward Moses Obeid, OAM
The Honourable David Ernest Oldfield
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 BLegS
The Honourable Jeffrey William Shaw, QC BA LLB
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 Doctor Peter Wong, AM MB BS(Syd)
BPharm(Syd) |
2
ASSENT TO BILLS
The President reported Messages from His Excellency the Governor intimating Assent to the following Bills:
Act No.
3 May 2000 2000
Electronic Transactions Bill 8
Occupational Health and Safety Amendment (Sentencing Guidelines) Bill 9
Appropriation (Budget Variations) Bill 10
3 SUMMARY OFFENCES AMENDMENT BILL
The President reported the following Message from the Legislative Assembly:
Madam PRESIDENT
The Legislative Assembly has this day passed a Bill titled “An Act to amend the Summary Offences Act 1988 with respect to the damaging or defacing of shrines, monuments or statues located in public places, including war memorials, and the desecration of war memorials located in public places” and presents the same to the Legislative Council for its concurrence.
Legislative Assembly JOHN MURRAY
3 May 2000 Speaker
Bill, on motion of Mr Shaw, read a first time.
Ordered: That the Bill be printed.
Mr Shaw moved, according to Contingent Notice: That Standing Orders be suspended to allow the passing of the Bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the Bill stand an Order of the Day for a later hour of the sitting.
4 PAPERS
Ms Tebbutt tabled the following Papers:
(1) Local Government Act 1993—Report and Determinations of Local Government Remuneration Tribunal under sections 239 and 241 of Act, dated 27 April 2000.
(2) Mines Rescue Act 1994—Report on Review of the Mines Rescue Act 1994 conducted in accordance with the Act, dated April 2000.
Ordered: That the reports be printed.
(3) Crown Lands Act 1989—
(a) Notification of proposed addition to a dedication of land at Kiama (Gazette 137, 3/12/99, p 11669),
(b) Notification of proposed revocation of dedication and erratum notice in land district Metropolitan (Gazette 44, 7/4/00, p. 2896 and Gazette 46, 14/04/00, p 3284),
(c)
Notification of proposed revocation of a proclamation of a public park in land district Metropolitan (Gazette 46, 14/04/00, p 3284).
5 STATUTORY RULES AND INSTRUMENTS TABLED BY THE CLERK
The Clerk tabled the following Statutory Rules and Instruments, published in the Government Gazette to Friday 28 April 2000.
Statutory Rules and Instruments:
(1) Fisheries Management Act 1994—
(a) Fisheries Management (General) Amendment (Aquaculture Advisory Council) Regulation 2000 (Gazette 52, 28/4/00, p 3609),
(b) Fisheries Management (General) Amendment (Short Descriptions of Offences) Regulation 2000 (Gazette 54, 28/4/00, p 3677).
(2) Government and Related Employees Appeal Tribunal Act 1980—Government and Related Employees Appeal Tribunal Regulation 2000 (Gazette 52, 28/4/00, p 3613).
(3) Justices Act 1902—Justices (Fisheries Offences) Repeal Regulation 2000 (Gazette 54, 28/4/00, p 3699).
(4) Statutory and Other Offices Remuneration Act 1975—Reports and Determinations under section 14 (1) of the Act (Gazette 52, 28/4/00, p 3663).
6 NOTICES OF MOTIONS
7 PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT (LITTERING) 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 second reading speech to be incorporated in Hansard.
Debate ensued.
Motion made (Mr Primrose) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.
8 MESSAGES FROM THE LEGISLATIVE ASSEMBLY
The Deputy President (Mr Tsang) reported the following Messages from the Legislative Assembly:
(1) Protected Estates Amendment (Investment) Bill
Madam PRESIDENT
The Legislative Assembly having this day agreed to the Bill titled “An Act to amend the Protected Estates Act 1983 in relation to the Protective Commissioner's powers of investment; and for other purposes” returns the same to the Legislative Council without amendment.
Legislative Assembly JOHN MURRAY
4 May 2000 Speaker
(2)
Funeral Services Industry (Days of Operation) Repeal Bill
Madam PRESIDENT
The Legislative Assembly having this day agreed to the Bill titled “An Act to repeal the Funeral Services Industry (Days of Operation) Act 1990; and for related purposes” returns the same to the Legislative Council without amendment.
Legislative Assembly JOHN MURRAY
4 May 2000 Speaker
(3) Gambling Legislation Amendment (Gaming Machine Restrictions) Bill
Madam PRESIDENT
The Legislative Assembly has this day agreed to the amendments made by the Legislative Council in the Bill titled “An Act to amend the Registered Clubs Act 1976, the Liquor Act 1982 and the Casino Control Act 1992 to restrict the keeping of additional gaming machines in clubs and hotels, and for other purposes”.
Legislative Assembly JOHN MURRAY
4 May 2000 Speaker
The Deputy President (Mr Tsang) further reported the following Message from the Legislative Assembly:
(4) Albury-Wodonga Development Repeal Bill
Madam PRESIDENT
The Legislative Assembly has this day passed a Bill titled “An Act to repeal the Albury-Wodonga Development Act 1974; to dissolve the Albury-Wodonga (New South Wales) Corporation; to provide for the transfer of assets, contractual rights and obligations, and liabilities of that Corporation to the Albury-Wodonga Development Corporation; and for other purposes” and presents the same to the Legislative Council for its concurrence.
Legislative Assembly JOHN MURRAY
4 May 2000 Speaker
Bill, on motion of Mr Della Bosca, read a first time.
Ordered: That the Bill be printed.
Mr Della Bosca moved, according to Contingent Notice: That Standing Orders be suspended to allow the passing of the Bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the Bill stand an Order of the Day for a later hour of the sitting.
9 COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) AMENDMENT (1999 SUPERANNUATION AGREEMENT) BILL
Order of the Day read for resumption of the adjourned debate of the question on the motion of Mr Della Bosca: That this Bill be now read a second time.
Debate resumed.
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.
(With concurrence) Bill, on motion of Mr Della Bosca, read a third time.
Bill forwarded to the Legislative Assembly for concurrence.
10 PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT (LITTERING) BILL
Order of the Day read for resumption of the adjourned debate of the question on the motion of Ms Tebbutt: That this Bill be now read a second time.
Debate resumed.
Motion made (Mr Malcolm Jones) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.
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The Deputy President (Mr Tsang) left the Chair at 3.18 pm, until the conclusion of the Joint Sitting to be held in the Legislative Council Chamber for the purpose of filling the vacancy in the representation of the State in the Senate of the Commonwealth of Australia.
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The House resumed at 4.00 pm.
11 VACANCY IN THE REPRESENTATION OF THE STATE IN THE SENATE OF THE COMMONWEALTH OF AUSTRALIA
The President announced that at a Joint Sitting of the Legislative Council and the Legislative Assembly held this day, to choose a person to hold the place in the Senate of the Commonwealth of Australia rendered vacant by the resignation of Senator David Brownhill, Sandy Macdonald was chosen to hold that place.
The President tabled the Minutes of Proceedings of the Joint Sittings of the Houses of Parliament.
Ordered, on motion of Mr Egan: That the document be printed.
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According to Sessional Order, proceedings interrupted at 4.00 pm for Questions.
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12 QUESTIONS
13
COMMUNITY RELATIONS COMMISSION AND PRINCIPLES OF MULTICULTURALISM BILL
The President reported the following Message from the Legislative Assembly:
Madam PRESIDENT
The Legislative Assembly has this day passed a Bill titled “An Act to establish principles of multiculturalism as the policy of the State; to constitute the Community Relations Commission of New South Wales; to provide for its objectives and functions; to repeal the Ethnic Affairs Commission Act 1979 and to amend certain other Acts and regulations; and for other purposes” and presents the same to the Legislative Council for its concurrence.
Legislative Assembly JOHN MURRAY
4 May 2000 Speaker
Bill, on motion of Mr Della Bosca, read a first time.
Ordered: That the Bill be printed.
Mr Della Bosca moved, according to Contingent Notice: That Standing Orders be suspended to allow the passing of the Bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the Bill stand an Order of the Day for a later hour of the sitting.
14 PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT (LITTERING) BILL
Order of the Day read for resumption of the interrupted debate of the question on the motion of Ms Tebbutt: That this Bill be now read a second time.
Debate resumed.
Question put and passed.
Bill read a second time.
The Deputy President (Miss Gardiner) 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 Friday 14 April 2000—
Bill, on motion of Ms Tebbutt, read a third time.
Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT (LITTERING) BILL
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Schedule of the amendments referred to in the Legislative Council's Message of 4 May 2000.
No. 1 Page 10, Schedule 1 [9], proposed section 146C, line 6. Omit “20 penalty units”. Insert instead “30 penalty units”.
No. 2 Page 10, Schedule 1 [9], proposed section 146C, line 7. Omit “5 penalty units”. Insert instead “7 penalty units”.
No. 3 Page 10, Schedule 1 [9]. Insert after line 7:
(1) The EPA is required to furnish to the Minister a biennial report on littering.
(2) The report is to contain estimates of the type of material that comprises litter deposited during the period concerned and the quantity (by weight and volume) of each such type of material, by reference to locations considered by the EPA to be places of significant littering activity.
(3) The EPA must cause advertisements to be published setting out the proposed methodology to be used in compiling such reports and inviting comments from members of the public concerning the proposed methodology. The EPA must allow at least 30 days for such comments to be made, and must consider comments received within the time allowed.
(4) The Minister is to cause a copy of each report to be laid before both Houses of Parliament within 30 sitting days after receiving the report.
(5) If the Minister or the State Waste Advisory Council, after consideration of the report, is of the opinion that:
(a) the managers or other persons responsible for any of the locations referred to in subsection (2), or
(b) the producers of or other persons responsible for any products whose components or packaging comprise litter at any such locations,
are not acting in a manner that minimises littering, the Minister may make recommendations aimed at improving litter avoidance strategies.
No. 4 Page 11, Schedule 1 [13], line 12. After “offence”, insert “(other than a littering offence)”.
No. 5 Page 11, Schedule 1 [13], line 15. After “offence”, insert “(other than a littering offence)”.
No. 6 Page 11, Schedule 1 [13]. Insert after line 16:
(4) In this section, littering offence means an offence arising under Part 5.6A.
15 ADJOURNMENT
Ms Tebbutt moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 6.59 pm until Friday 5 May 2000 at 11.00 am.
John Evans
Clerk of the Parliaments
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Authorised by the Parliament of New South Wales