1223
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
1999 - 2000 - 2001
SECOND SESSION OF THE FIFTY-SECOND PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 90
WEDNESDAY 30 MAY 2001
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1233
VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 30 May 2001
1 CRIMES LEGISLATION AMENDMENT (EXISTING LIFE SENTENCES) BILL
Mr Carr moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Crimes (Sentencing Procedure) Act 1999 and the Crimes (Administration of Sentences) Act 1999 with respect to certain offenders serving life sentences or sentences that have previously been life sentences.
Question put and passed.
Bill presented and read a first time.
Mr Carr moved, That this bill be now read a second time.
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PAPER: Mr Carr, by leave, tabled an advising of the Solicitor-General, Mr MG Sexton SC, on the Bill dated 5 October 2000.
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Debate adjourned (Mrs Chikarovksi) and the resumption of the debate made an Order of the Day for a future day.
2 CONSUMER CREDIT (NEW SOUTH WALES) AMENDMENT (PAY DAY LENDERS) BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Watkins, 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 Stewart, on behalf of Mr Watkins, read a third time.
3 STATE REVENUE LEGISLATION AMENDMENT BILL
The Order of the Day was read, the Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the amendments made by the Legislative Council in the bill.
The Speaker resumed the Chair and the Chairman reported that the Committee had agreed to the Council amendments.
Report adopted.
4 CRIMES AMENDMENT (COMPUTER OFFENCES) BILL
The Order of the Day was read, the Speaker left the Chair and the House resolved itself into a Committee of the Whole for the consideration of the amendments made by the Legislative Council in the bill.
The Speaker resumed the Chair and the Chairman reported that the Committee had agreed to the Council amendments.
Report adopted.
5 FIREARMS AMENDMENT (TRAFFICKING) BILL
Mr Whelan moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend the Firearms Act 1996 to make further provision for the regulation and control of firearms; to amend the Criminal Assets Recovery Act 1990; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Whelan moved, That this bill be now read a second time.
Debate adjourned (Mr R.H.L. Smith) and the resumption of the debate made an Order of the Day for a future day.
6 COMPANION ANIMALS AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Woods, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Bartlett 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.
7 POLICE POWERS (DRUG PREMISES) BILL
POLICE POWERS (INTERNALLY CONCEALED DRUGS) BILL
Mr Debus moved, pursuant to notice, That leave be given to bring in the following cognate bills:
(i) A bill for an Act with respect to the unlawful use of premises for the supply or manufacture of certain prohibited drugs; to amend the Bail Act 1978 to make further provision with respect to the grant of bail in relation to offences involving firearms and prohibited weapons; to amend the Criminal Assets Recovery Act 1990 to make provision with respect to criminal activity in respect of such unlawful use of premises; to amend the Drug Misuse and Trafficking Act 1985 with respect to joint possession; to amend the Summary Offences Act 1988 to make further provision with respect to police powers to give direction to persons in public places; and for other purposes.
(ii) A bill for an Act with respect to searches for internally concealed prohibited drugs.
Question put and passed.
Bills presented and read a first time.
Mr Debus moved, That these bills be now read a second time.
Debate adjourned (Mr Fraser) and the resumption of the debate made an Order of the Day for a future day.
8 NOTICES OF MOTIONS
9 PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Collins—from certain citizens requesting that the area known as Willoughby Paddocks be zoned and developed as parkland.
Mr Barr¾from certain citizens opposing the current lease process for the Quarantine Station at Manly.
Ms Moore¾from certain citizens opposing the construction of a McDonald’s restaurant in Moore Park.
Mr Debnam¾from certain citizens requesting a public inquiry into State taxes.
Mr Collier¾from certain citizens opposing the closure of the Gymea Branch of the National Australia Bank.
Mr Collier¾from certain citizens opposing the closure of the Jannali Branch of the National Australia Bank.
Mr Kerr¾from certain citizens requesting increased police patrols at Cronulla and the restoration and upgrading of Cronulla Police Station.
Mr Tink¾from certain citizens opposing the closure of Malabar Police Station.
Mr Tink¾from certain citizens opposing the downgrading or possible closure of Randwick and Malabar Police Stations.
Ms Moore¾from certain citizens requesting increased police presence in Redfern, Darlington and Chippendale.
Ms Moore¾from certain citizens opposing the proposed closure of police stations in the inner east of Sydney.
Ms Moore¾from certain citizens requesting increased police presence in the Surry Hills area.
Ms Moore¾from certain citizens requesting increased police presence in the inner east.
Ms Moore¾from certain citizens requesting increased police presence in Oxford Street, Darlinghurst and Paddington.
Ms Moore¾from certain citizens opposing the closure and sale of the Eastern Suburbs Police and Community Youth Club.
Mr Brogden¾from certain citizens supporting the retention and upgrading of Mona Vale Hospital.
Ms Moore¾from certain citizens requesting an inquiry into all genetically modified food.
Mr Debnam¾from certain citizens requesting the Government invest in public education and opposing the merger of local schools.
Mr George¾from certain citizens requesting that the inequities between private and public school funding be addressed.
Mr Stoner¾from certain citizens requesting funding for the construction of required school buildings at Frederickton Public School.
Mr Maguire¾from certain citizens requesting funding to construct a new bridge to replace the existing antiquated and dangerous Kapooka Bridge on the Olympic Highway.
Ms Moore¾from certain citizens requesting a review of the design for the ventilation system for the M5 east tunnel.
Mr Stoner¾from certain citizens requesting improved safety on the Pacific Highway and the fast-tracking of the planned Kempsey and Macksville bypass.
Ms Moore¾from certain citizens requesting that the Woolloomooloo Wharf Redevelopment Project make provision for a ferry wharf .
Mr Maguire¾from certain citizens requesting resources and strategies to eliminate fruit fly from the Wagga Wagga region.
Mr D.L. Page¾from certain citizens requesting the compulsory desexing of cats and dogs which are not registered for breeding.
Ms Moore¾from certain citizens opposing the use of impounded animals for experimentation.
Mr Barr¾from certain citizens requesting funding to assist in the remediation of Manly Lagoon.
Ms Moore¾from certain citizens opposing the rezoning of the White City site.
Mr R.H.L. Smith¾from certain citizens opposing the extension of the term of the administrator appointed to oversee the affairs of Bega Valley Shire Council and requesting an election.
Mr George¾from certain citizens requesting the reinstatement of the discount on green slips for sole parents and pensioners.
10 PLACING OR DISPOSAL OF BUSINESS¾CALLOVER OF GENERAL BUSINESS
(1) General Business Notices of Motions (for Bills):
No. 1 M ona Vale Road Bushland Corridor Preservation Bill, postponed (Mr Humpherson)
(2) General Business Orders of the Day (for Bills):
No. 7 Young Offenders Amendment Bill, postponed (Mr Tink)
(3) General Business Notices of Motions (General Notices):
No. 4 Increase in transport fares, postponed (Mr O’Farrell)
No. 6 Allocation of Olympic tickets, postponed (Mrs Chikarovski)
No. 11 Widening rail bridge at Thornleigh, postponed (Mr O’Doherty)
No. 12 Ashfield Police Station, postponed (Mr Tink)
11 RE-ORDERING OF GENERAL BUSINESS
Mr Hartcher moved, That General Business Notice of Motion (General Notice) given by him this day (Minister for Education) have precedence on Thursday 31 May 2001.
Question put and passed.
12 COMMITTEE ON CHILDREN AND YOUNG PEOPLE
Mr Campbell, Chairman, tabled the Report of the Committee on Children and Young People entitled “The First Steps…Review of the First Annual Report of the Commission for Children and Young People, for the 1999-2000 Financial Year”, incorporating edited transcripts of evidence and certain submissions received, dated May 2001.
Ordered to be printed.
13 NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Mr Face¾Impulse Airlines Jobs in the Hunter Valley.
Mr D.L. Page¾Country Town Water and Sewerage Scheme.
14 QUESTIONS
15 MOTIONS FOR URGENT CONSIDERATION
(1) Mr Face made a statement in support of his notice for urgent consideration.
(2) Mr D.L. Page made a statement in support of his notice for urgent consideration¾
That this House:
(1) Condemns the Government’s continual underfunding of the Country Town Water and Sewerage Scheme which amounts to $170 million since 1995;
(2) Deplores the impact this underfunding is having on water quality, compliance with EPA licence requirements, Councils’ finances, tendering codes and the ever-increasing backlog of unfunded projects;
(3) Calls on the Government to increase its funding to at least match the $85 million per annum provided by the former Government in 1994/95;
(4) Notes the Government’s inadequate response to this funding shortfall in the Budget of 29 May 2001; and
(5) Notes that this year’s Budget allocation of $66.8 million is still almost $20 million less than the annual funding allocation of $85 million in 1995 under the former Government and is well below the $70-$80 million identified by the Member for Bathurst as being necessary to adequately fund the scheme.
Question¾That the notice for urgent consideration of the Member for Charlestown (Mr Face) be proceeded with¾put and passed.
16 MOTION FOR URGENT CONSIDERATION¾IMPULSE AIRLINES JOBS IN THE HUNTER VALLEY
Mr Face moved, pursuant to notice, That this House:
(1) Deplores the takeover by Qantas of Impulse Airlines; and
(2) Calls on the Federal Government to ensure that Impulse jobs in the Hunter are protected.
Upon which Mr Turner moved, That the motion be amended by leaving out all words after “Calls on the” in paragraph (2) with a view to inserting instead the following words
“State Government to ensure that Impulse jobs in country New South Wales are protected and the State Government provide initiatives to do so.”
Question proposed¾That the words proposed to be left out stand part of the question.
Debate ensued.
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By leave, Mr Torbay also addressed the House.
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Question put and passed.
Question¾That the original motion be agreed to¾put and passed.
17 NO CONFIDENCE IN THE MINISTER FOR LAND AND WATER CONSERVATION
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr Rozzoli, That, for the reasons stated hereunder, the Minister for Land and Water Conservation, the Hon. Richard Amery has demonstrated his lack of fitness to hold his portfolio and accordingly no longer possesses the confidence of this House:
(1) His decision to wind up the operations of the Hawkesbury Nepean Catchment Management Trust, taken without any consultation or notice to trustees, breached all basic rules of natural justice, good management and Ministerial responsibility.
(2) In making his announcement the Minister failed to demonstrate any valid reason for his decision.
(3) The Minister failed to take into account the Government’s decision of 12 March 2001 to enter into a Statement of Joint Intent incorporating Decisions of the NSW Government on the Reports of the Healthy Rivers Commission on the Hawkesbury Nepean River System, identifying the Trust as a signatory to that document, and of the significant role given to the Trust in the implementation of that strategy.
(4) The Minister in making his decision revealed a total ignorance of the work and role of the Trust and of the unique position it holds in catchment management in New South Wales.
(5) The Minister also failed to recognise the important role the Trust has assumed in catchment management nationally and internationally and in doing so the Minister has totally abrogated his responsibility to the principles that underpin sound and responsible land and water conservation.
(6) By the admission of his Assistant Director General at a meeting with Trust staff on 6 April, and prior to his ministerial announcement, no thought has been given to future management of the catchment currently administered by the Trust.
(7) His decision is further indication of the substantial wind back in support for essential catchment management work within the State which, as such, sends a clear message to catchment boards, land managers and the wider community that he is no longer interested in the conservation of land and water for future generations.
Debate ensued.
Mr O’Doherty 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 tomorrow.
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It being 5.15 pm private members' statements proceeded with.
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18 PRIVATE MEMBERS STATEMENTS
Question proposed—That private members' statements be noted.
Debate ensued.
Question put and passed.
19 DEATH OF BARRY JOHN MORRIS, A FORMER MEMBER OF THE LEGISLATIVE ASSEMBLY
Mr Face moved, That this House extends to the family the deep sympathy of Members of the Legislative Assembly in the loss sustained by the death on 19 May 2001 of Barry John Morris, a former Member of the Legislative Assembly.
The motion was seconded by Mrs Chikarovski and supported by Mr Martin, Mr J.H. Turner, Mr Debus, Mr Collins, Mrs Lo Po, Mr Hartcher, Mr Humpherson, Mr Kerr, Mr Rozzoli, Mr Brogden, Mr R.H.L. Smith, Mr Windsor, Mr Fraser and Mr Merton.
Question put and carried unanimously¾Members and officers of the House standing.