LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 31 — Thursday, 20 August, 2015
Proof Version
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The President took the Chair and read the Prayer.
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SITTING OF THE COUNCIL — Mr Jennings moved, That the Council, at its rising, adjourn
until Tuesday, 1 September 2015.
Question — put and agreed to.
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MINISTERS’ STATEMENTS — Statements were made by Members pursuant to Sessional
Order 2.
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MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.13.
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BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion,
Government Business, Nos. 25 to 150, be postponed until later this day.
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PLANNING AND ENVIRONMENT AMENDMENT (INFRASTRUCTURE CONTRIBUTIONS)
BILL 2015 — Debate resumed on the question, That the Bill be now read a second time.
Amendments proposed to be moved in Committee by Mr Davis were circulated were circulated
in substitution for those already circulated.
Debate continued.
Question — put and agreed to.
Bill read a second time and committed to a Committee of the whole.
House in Committee.
Business having been interrupted at 12 noon pursuant to Sessional Orders —
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QUESTIONS — Questions without notice were taken pursuant to Sessional Order 3 and
answers to certain questions on notice were circulated pursuant to Standing Order 8.10.
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GOVERNMENT’S NON-PRODUCTION OF DOCUMENTS — The Clerk laid on the Table a
letter from the Attorney-General dated 20 August 2015 in response to the Resolution of the
Council of 19 August 2015 seeking the production of certain documents —
 noting that the Government has produced documents in relation to Port of Melbourne,
West Gate Distributor and Cranbourne-Pakenham rail corridor project and advising that
the Government will not be producing additional documents in response to these
orders;
 noting that the Government has previously provided responses to Orders of the Council
for documents relating to the Australian Formula One Grand Prix on 17 March 2015, the
Advanced Lignite Demonstration Program on 23 June 2015 and the Peter MacCallum
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Legislative Council of Victoria
Private Hospital on 18 August 2015 indicating that the Government would respond to
the Council’s resolution shortly; and
 referring to previous letters regarding executive privilege sent on 14 April 2015, 23 June
2015 and 15 April 2015.
On the motion of Mr Rich-Phillips, the Attorney-General’s letter was ordered to be taken into
consideration on the next day of meeting.
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CONSTITUENCY QUESTIONS — Constituency Questions were taken pursuant to Sessional
Order 4.
10 PLANNING AND ENVIRONMENT (INFRASTRUCTURE CONTRIBUTIONS) BILL 2015 —
Bill further considered in Committee of the whole.
Bill reported with amendments, the Report was adopted, and the Bill was read a third time and
passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill with amendments and requesting their agreement.
11 INFRASTRUCTURE VICTORIA BILL 2015 — Debate resumed on the question, That the Bill
be now read a second time.
Amendments proposed to be moved in Committee by Mr Rich-Phillips were circulated.
Debate continued.
Amendments proposed to be moved in Committee by Mr Barber were circulated.
Debate continued.
Question – put and agreed to.
Bill ordered to be committed to a Committee of the whole later this day.
12 PLANNING AND ENVIRONMENT AMENDMENT (INFRASTRUCTURE CONTRIBUTIONS)
BILL 2015 — The President read a Message from the Assembly informing the Council that
they had agreed to the amendments made by the Council in this Bill.
13 CRIMES AMENDMENT (CHILD PORNOGRAPHY AND OTHER MATTERS) BILL 2015 —
The President read a Message from the Assembly presenting A Bill for an Act to amend the
Crimes Act 1958 in relation to child pornography offences, proceedings related to child
pornography offenses and warrants, to amend the Criminal Procedure Act 2009 to restrict
inspection by an accused of evidence that is child pornography, to make minor amendments
to certain other Acts and for other purposes and requesting the agreement of the Council.
On the motion of Mr Jennings (for Mr Herbert), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Jennings laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Jennings, the second reading speech was incorporated into Hansard.
Mr Jennings moved, That the Bill be now read a second time.
On the motion of Mr Rich-Phillips, the debate was adjourned for one week.
14 EDUCATION AND TRAINING REFORM AMENDMENT (MISCELLANEOUS) BILL 2015 —
The President read a Message from the Assembly presenting A Bill for and Act to amend the
Education and Training Reform Act 2006 to enhance the functions and powers of the
Victorian Registration and Qualifications Authority and school councils in relation to schools
and for other purposes and requesting the agreement of the Council.
On the motion of Mr Jennings (for Mr Herbert), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Jennings laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Jennings, the second reading speech was incorporated into Hansard.
Mr Jennings moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mrs Peulich), the debate was adjourned until one week.
Minutes of the Proceedings
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15 EMERGENCY MANAGEMENT (CONTROL OF RESPONSE ACTIVITIES AND OTHER
MATTERS) BILL 2015 — The President read a Message from the Assembly presenting A
Bill for an Act to make miscellaneous amendments to the Emergency Management Act
2013, the Victoria State Emergency Service Act 2005, the Country Fire Authority Act 1958,
the Metropolitan Fire Brigades Act 1958 and various other Acts and for other matters and
requesting the agreement of the Council.
On the motion of Mr Jennings (for Mr Dalidakis), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Jennings laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Jennings, the second reading speech was incorporated into Hansard.
Mr Jennings moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mr O’Donohue), the debate was adjourned for one week.
15 RESOURCES LEGISLATION AMENDMENT BILL 2015 — The President read a Message
from the Assembly presenting A Bill for an Act to amend the Mineral Resources (Sustainable
Development) Amendment Act 2014, the Mineral Resources (Sustainable Development) Act
1990 and the Resources Legislation (BTEX Prohibition and Other Matters) Act 2014 and for
other purposes and requesting the agreement of the Council.
On the motion of Mr Jennings (for Ms Pulford), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Jennings laid on the Table the statement of compatibility as required by the Charter of
Human Rights and Responsibilities Act 2006.
On the motion of Mr Jennings, the second reading speech was incorporated into Hansard.
Mr Jenning moved, That the Bill be now read a second time.
On the motion of Mr Ondarchie (for Mr Drum), the debate was adjourned for one week.
16 INFRASTRUCTURE VICTORIA BILL 2015 — Bill committed to a Committee of the whole.
House in Committee.
Bill reported with amendments, the Report was adopted, and the Bill was read a third time and
passed.
Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill with amendments and requesting their agreement.
17 ADJOURNMENT — Mr Jennings moved, That the House do now adjourn.
Debate ensued and a response to an Adjournment matter was circulated pursuant to Standing
Order 4.13.
And then the Council, at 8.09 p.m. adjourned until Tuesday, 1 September 2015.
ANDREW YOUNG
Clerk of the Legislative Council