2005
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 150
TUESDAY 9 MAY 2006
Contents
1 Meeting of the House ............................................................................................................................. 2006
2 Assumption of the Administration of the Government by the Lieutenant-Governor ............................. 2006
3 President’s Commission—Pledge of Loyalty ........................................................................................ 2006
4 Chairman of Committees’ Commission—Pledge of Loyalty ................................................................. 2006
5 New Member Sworn—The Honourable Robert Leslie Brown .............................................................. 2007
6 Legislation Review Committee—Report ............................................................................................... 2007
7 Papers—Tabled by Minister................................................................................................................... 2007
8 Statutory Rules and Instruments—Tabled by the Clerk ......................................................................... 2008
9 Petitions .................................................................................................................................................. 2008
10 Notices of Motions ................................................................................................................................. 2008
11 Business Postponed ................................................................................................................................ 2009
12 Answers to Questions without Notice .................................................................................................... 2009
13 Suspension of Standing and Sessional Orders—Select Committee on the New South Wales Crime
Commission ........................................................................................................................................... 2009
14 Personal Explanation .............................................................................................................................. 2009
15 Jury Amendment (Verdicts) Bill 2006 ................................................................................................... 2010
16 Questions ................................................................................................................................................ 2010
17 Jury Amendment (Verdicts) Bill 2006 ................................................................................................... 2010
18 Business Postponed ................................................................................................................................ 2011
19 Protection of the Environment Operations Amendment (Waste Reduction) Bill 2006.......................... 2011
20 Jury Amendment (Verdicts) Bill 2006 ................................................................................................... 2011
21 Protection of rhe Environment Operations Amendment (Waste Reduction) Bill 2006 ......................... 2012
22 Business Postponed ................................................................................................................................ 2012
23 Fisheries Management Amendment Bill 2006 ....................................................................................... 2012
24 Adjournment .......................................................................................................................................... 2012
25 Attendance ............................................................................................................................................. 2013
2006
Legislative Council Minutes No. 150—Tuesday 9 May 2006
1 MEETING OF THE HOUSE
The House met at 2.30 pm according to adjournment. The President took the Chair.
The Clerk read the prayers.
2 ASSUMPTION OF THE ADMINISTRATION OF THE GOVERNMENT BY THE
LIEUTENANT-GOVERNOR
The President reported the following message from His Excellency the Lieutenant-Governor:
Office of the Governor
Sydney 2000
J J Spigelman
LIEUTENANT-GOVERNOR
The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the
State of New South Wales, has the honour to inform the Legislative Council that, consequent on the
Governor of New South Wales, Professor Marie Bashir being absent from the State, he has this day
assumed the administration of the Government of the State.
8 May 2006
3 PRESIDENT’S COMMISSION—PLEDGE OF LOYALTY
The President reported the receipt of a Commission from His Excellency the Lieutenant-Governor, which
Commission was read by the Clerk as follows:
His Excellency the Honourable James Jacob Spigelman, Companion of the Order of Australia,
Lieutenant-Governor of the State of New South Wales in the Commonwealth of Australia.
GREETING
PURSUANT to the power and authority vested in me by the Constitution Act 1902, I, the Honourable
James Jacob Spigelman AC, Lieutenant-Governor of the State of New South Wales, hereby authorise the
Honourable Doctor Meredith Anne Burgmann MLC, President of the Legislative Council, from time to
time as occasion may require, to be a person before whom any Member of the Legislative Council may
take the pledge of loyalty to Australia and to the people of New South Wales, required by law to be taken
by every such Member before that Member shall be permitted to sit or vote in the Legislative Council.
GIVEN under my Hand and the Public Seal of the State, this ninth day of May 2006.
By His Excellency’s Command
Morris Iemma J J Spigelman
Premier Lieutenant-Governor
4 CHAIRMAN OF COMMITTEES’ COMMISSION—PLEDGE OF LOYALTY
The President reported the receipt of a Commission from His Excellency the Lieutenant-Governor for the
Chairman of Committees, which Commission was read by the Clerk as follows:
His Excellency the Honourable James Jacob Spigelman, Companion of the Order of Australia,
Lieutenant-Governor of the State of New South Wales in the Commonwealth of Australia.
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
GREETING
PURSUANT to the power and authority vested in me by the Constitution Act 1902, I, the Honourable
James Jacob Spigelman AC, Lieutenant-Governor of the State of New South Wales, hereby authorise the
Honourable Amanda Ruth Fazio MLC, Chairman of Committees of the Legislative Council, in the
absence of the Honourable the President of the Legislative Council, from time to time as occasion may
require, to be a person before whom any Member of the Legislative Council may take the pledge of
loyalty to Australia and to the people of New South Wales, required by law to be taken by every such
Member before that Member shall be permitted to sit or vote in the Legislative Council.
GIVEN under my Hand and the Public Seal of the State, this ninth day of May 2006.
By His Excellency’s Command
Morris Iemma J J Spigelman
Premier Lieutenant-Governor
5 NEW MEMBER SWORN—THE HONOURABLE ROBERT LESLIE BROWN
The Honourable Robert Leslie Brown presented himself at the table, took the pledge of loyalty before the
President and signed the roll of the House.
6 LEGISLATION REVIEW COMMITTEE—REPORT
Ms Sharpe (on behalf of the Chair) tabled a report of the Legislation Review Committee entitled
“Legislation Review Digest No. 6 of 2006”, dated 9 May 2006, together with minute extracts for Digest
nos 4 and 5 of 2006.
Ordered: That the report be printed.
7 PAPERS—TABLED BY MINISTER
Mr Macdonald tabled the following paper:
(1) Youth Advisory Council Act 1989—Report of New South Wales Youth Advisory Council for
2005.
Ordered: That the report be printed.
Mr Macdonald further tabled the following papers:
(2) Independent Commission Against Corruption Act 1988—Report of Independent Commission
Against Corruption entitled “Report to the Minister for Local Government under section 14(2) of
the Independent Commission Against Corruption Act 1988”.
(3) Local Government Act 1993—
(a) Report and determinations of the Local Government Remuneration Tribunal under sections
239 and 241 of the Act, dated 19 April 2006.
(b) Report entitled “Report on Investigation of Kyogle Council conducted under section 430 of
the Local Government Act 1993”, dated April 2006.
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
8 STATUTORY RULES AND INSTRUMENTS—TABLED BY THE CLERK
The Clerk tabled the following statutory rules and instruments, published in the Government Gazette to
Friday 5 May 2006.
(1) Plant Diseases Act 1924—OR90—Order under section 13A (Gazette 61, 5/5/2006, p 2759)
(2) Ports Corporatisation and Waterways Management Act 1995—Ports Corporatisation and
Waterways Management Amendment (Marine Legislation) Regulation 2006 (Gazette 61,
5/5/2006, p 2684)
(3) Protection of the Environment Operations Act 1997—Protection of the Environment Operations
(Savings and Transitional) Amendment Regulation 2006 (Gazette 61, 5/5/2006, p 2687)
(4) Road Transport (General) Act 2005—Road Transport (General) Amendment (Penalty Notices
relating to Mass Requirements) Regulation 2006 (Gazette 61, 5/5/2006, p 2690)
(5) Supreme Court Act 1970—Court Rules & Practice Notes—Practice Note SC EQ 4—Supreme
Court Equity Division—Corporations List (Gazette 61, 5/5/2006, p 3005)
(6) Transport Administration Act 1988—Transport Administration (General) Amendment
(Delegation) Regulation 2006 (Gazette 61, 5/5/2006, p 2693).
9 PETITIONS
Proposed Bateman’s Shelf and Port Stephens marine parks
Ms Parker presented a petition from 465 citizens of New South Wales stating their opposition to the
proposed Bateman’s Shelf and Port Stephens marine parks and requesting that the House postpone any
moves to create the proposed marine parks until adequate and effective consultation has been conducted
with all members of the fishing industry and the community, a socio-economic study has been undertaken
to determine how the marine parks will affect commercial and recreational fishers and the community,
and real data is made available on the endangered species that the marine park hopes to protect.
Petition received.
Restricting the sale of alcoholic beverages
Revd Mr Nile presented a petition from 48 citizens of New South Wales stating that the sale of alcohol
should be restricted to the existing outlets and the hours and days of opening should be reduced and to
help protect the young, warning labels should be displayed on all containers of alcoholic beverages.
Petition received.
Sale of Snowy Hydro Limited
Ms Hale present a petition from 46 citizens of New South Wales stating that the Snowy Hydro Scheme
belongs to all Australians and should not be sold, and requesting that the House halt the sale of Snowy
Hydro Limited and call for a plebiscite to be held at the same time as the State election in March 2007 to
gauge public opinion on the sale.
Petition received.
10 NOTICES OF MOTIONS
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
11 BUSINESS POSTPONED
Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr Kelly,
until a later hour of the sitting.
12 ANSWERS TO QUESTIONS WITHOUT NOTICE
The President informed the House of the publication in today’s Hansard of answers to questions without
notice lodged with the Clerk since the last sitting of the House.
13 SUSPENSION OF STANDING AND SESSIONAL ORDERS—SELECT COMMITTEE ON THE
NEW SOUTH WALES CRIME COMMISSION
On the President calling on the Clerk to read the order of the day, Ms Rhiannon moved, according to
contingent notice: That standing and sessional orders be suspended to allow a motion to be moved
forthwith that private members' business item no. 197 outside the order of precedence relating to a select
committee on the New South Wales Crime Commission be called on forthwith.
Debate ensued.
Question put.
The House divided.
Ayes 4
Dr Chesterfield-Evans * Ms Hale Ms Rhiannon *
Mr Cohen
* Tellers
Noes 29
Mr Breen Mr Gallacher Mr Oldfield
Mr Brown Miss Gardiner Ms Parker
Ms Burnswoods Ms Griffin Mrs Pavey
Mr Catanzariti Mr Harwin * Mr Primrose *
Mr Clarke Mr Kelly Ms Robertson
Mr Costa Mr Lynn Mr Ryan
Ms Cusack Mr Macdonald Ms Sharpe
Mr Donnelly Revd Dr Moyes Mr West
Ms Fazio Revd Mr Nile Dr Wong
Mrs Forsythe Mr Obeid
* Tellers
Question resolved in the negative.
14 PERSONAL EXPLANATION
Mr Breen, by leave, made a personal explanation relating to his decision to join the Australian Labor
Party.
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
15 JURY AMENDMENT (VERDICTS) BILL 2006
On the order of the day being read, Mr Costa (on behalf of 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.
____________________
According to sessional order, proceedings interrupted at 4.00 pm for Questions.
____________________
16 QUESTIONS
17 JURY AMENDMENT (VERDICTS) BILL 2006
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Della
Bosca: That this bill be now read a second time.
Debate resumed.
Question put.
The House divided.
Ayes 26
Mr Brown Miss Gardiner Mrs Pavey
Ms Burnswoods Mr Gay Mr Pearce
Mr Catanzariti Ms Griffin Mr Primrose *
Mr Clarke Mr Harwin * Ms Robertson
Ms Cusack Mr Lynn Mr Ryan
Mr Donnelly Revd Dr Moyes Ms Sharpe
Ms Fazio Revd Mr Nile Mr Tsang
Mrs Forsythe Mr Oldfield Mr West
Mr Gallacher Ms Parker
* Tellers
Noes 5
Dr Chesterfield-Evans Ms Hale Dr Wong *
Mr Cohen * Ms Rhiannon
* Tellers
Question resolved in the affirmative.
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 without amendment.
The House adopted the report.
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
Ms Rhiannon moved: That the third reading of the bill be adjourned to a later hour of the sitting.
The Deputy President (Ms Griffin) ruled the motion out of order.
Standing Orders having been suspended 3 May 2006—
Mr Tsang (on behalf of Mr Della Bosca) moved: That this bill be now read a third time.
Mr Ryan moved: That the question be amended by omitting all words after “That” and inserting instead
“the third reading of the bill stand an order of the day for a later hour of the sitting.”
Debate ensued.
Question put: That the amendment of Mr Ryan be agreed to.
A division being called for, the bells were rung.
By leave, the call for a division was withdrawn.
Question: That the amendment of Mr Ryan be agreed to—put and passed.
Original question, as amended: That the third reading of the bill stand an order of the day for a later hour
of the sitting—put and passed.
18 BUSINESS POSTPONED
Order of the day no. 3 on the Notice Paper of government business postponed, on motion of Mr Tsang,
until a later hour of the sitting.
19 PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT (WASTE
REDUCTION) BILL 2006
On the order of the day being read, Mr Tsang (on behalf of 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.
Motion made (Mr Cohen speaking) and question: That this debate be now adjourned until a later hour of
the sitting—put and passed.
20 JURY AMENDMENT (VERDICTS) BILL 2006
On the order of the day being read, Mr Tsang (on behalf of Mr Della Bosca) moved: That this bill be now
read a third time.
Question put and passed.
Bill read a third time.
Bill returned to the Legislative Assembly without amendment.
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
21 PROTECTION OF THE ENVIRONMENT OPERATIONS AMENDMENT (WASTE
REDUCTION) BILL 2006
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.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended 5 April 2006—
Bill, on motion of Mr Tsang (on behalf of Mr Della Bosca), read a third time.
Bill returned to the Legislative Assembly without amendment.
22 BUSINESS POSTPONED
Orders of the day nos 5 and 6 on the Notice Paper of government business postponed, on motion of Mr
Tsang, until a later hour of the sitting.
23 FISHERIES MANAGEMENT AMENDMENT BILL 2006
On the order of the day being read, Mr Macdonald moved: That this bill be now read a second time.
Debate ensued.
Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.
Debate continued.
Question put and passed.
Bill read a second time.
Leave granted to proceed to the third reading of the bill forthwith.
Standing orders having been suspended 5 April 2006—
Bill, on motion of Mr Macdonald, read a third time.
Bill returned to the Legislative Assembly without amendment.
24 ADJOURNMENT
Mr Macdonald moved: That this House do now adjourn.
Debate ensued.
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Legislative Council Minutes No. 150—Tuesday 9 May 2006
Question put and passed.
The House adjourned at 10.49 pm until Wednesday 10 May 2006 at 11.00 am.
25 ATTENDANCE
All members present, except Mr Colless, Mr Della Bosca and Mr Jenkins.
John Evans
Clerk of the Parliaments
_____________________________
Authorised by the Parliament of New South Wales