109
PARLIAMENT OF NEW SOUTH WALES
LEGISLATIVE ASSEMBLY
2002
THIRD SESSION OF THE FIFTY-SECOND PARLIAMENT
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VOTES
AND
PROCEEDINGS
No. 9
WEDNESDAY 20 MARCH 2002
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1
ROAD TRANSPORT (GENERAL) AMENDMENT (OPERATOR ONUS OFFENCES)
BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Scully, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
The Speaker left the Chair and the House resolved itself into a Committee of the Whole for the
consideration of the bill.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 20 March 2002
The Speaker resumed the Chair and the Chairman reported progress and obtained leave to sit
again at a later hour.
2
PERSONAL EXPLANATION
Dr Kernohan, by leave, made a personal explanation.
3
THE GOVERNOR'S OPENING SPEECH
The Order of the Day was read for the resumption of the adjourned debate on the motion of Mr
Collier, That the Address in Reply to the Speech which Her Excellency the Governor has
addressed to both Houses of Parliament on opening this session of the Parliament of New South
Wales be now adopted by this House.
Debate resumed.
Mr Amery 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.
4
ROAD TRANSPORT (GENERAL) AMENDMENT (OPERATOR ONUS 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 further consideration of the bill.
The Speaker resumed the Chair and the Deputy Speaker reported progress and obtained leave to
sit again at a later hour.
5
COASTAL PROTECTION AMENDMENT BILL
Mr Aquilina moved, pursuant to notice, That leave be given to bring in a bill for an Act to
amend the Coastal Protection Act 1979 with respect to the management of certain coastal land;
to amend the Crown Lands Act 1989 with respect to easements for public access; and for other
purposes.
Question put and passed.
Bill presented and read a first time.
Mr Aquilina moved, That this bill be now read a second time.
Debate adjourned (Mr D.L. Page) and the resumption of the debate made an Order of the Day
for a future day.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 20 March 2002
6
FIRST HOME OWNER GRANT AMENDMENT BILL
Mr Aquilina moved, pursuant to notice, That leave be given to bring in a bill for an Act to
amend the First Home Owner Grant Act 2000 to make further provision with respect to the first
home owner grant scheme; and for other purposes.
Question put and passed.
Bill presented and read a first time.
Mr Aquilina 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.
7
GENE TECHNOLOGY (NEW SOUTH WALES) BILLRESTORATION
Mr McManus, on behalf of Mr Knowles, moved, That the Gene Technology (New South
Wales) Bill, which was introduced in the Assembly during the previous Session of the present
Parliament, but was interrupted before its completion by the close of the Session, be now
reintroduced at the stage it had reached at the time of such interruption.
Question put and passed.
Mr McManus moved, That the resumption of the adjourned second reading debate stand an
Order of the Day for a later hour.
Question put and passed.
8
GENE TECHNOLOGY (NEW SOUTH WALES) BILL
The Order of the Day was read.
Question again proposedThat this bill be now read a second timeand debate resumed.
Question put and passed.
Bill read a second time.
Leave granted for the third reading forthwith.
Bill, on motion of Mr McManus, on behalf of Mr Knowles, read a third time.
9
BAIL AMENDMENT (REPEAT OFFENDERS) BILL
Mr Debus moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend
the Bail Act 1978 with respect to the granting of bail to repeat offenders and other offenders;
and for other purposes.
Question put and passed.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Wednesday 20 March 2002
Bill presented and read a first time.
Mr Debus moved, That this bill 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.
10
ENVIRONMENT PROTECTION LEGISLATION AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Debus, That this bill be now read a second time.
Question again proposed and debate resumed.
Mr Hazzard 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.
11
MINISTERIAL STATEMENTPUBLIC LIABILITY INSURANCE
Mr Carr outlined the Government’s strategy to address the problems of public liability insurance
and announced the arrangements put in place for Anzac Day commemorations.
Ms Seaton also addressed the House.
12
MINISTERIAL STATEMENTFOOT AND MOUTH DISEASE SIMULATION
Mr Amery made a statement concerning a forthcoming major emergency disease exercise
simulating a foot and mouth disease outbreak.
Mr Slack-Smith also addressed the House.
13
NOTICES OF MOTIONS
14
PETITIONS
The Clerk announced that the following members had each lodged petitions for presentation:
Ms Norifrom certain citizens opposing alterations and additions to the shoreline buildings of
the heritage listed Jones Bay Wharves.
Mr Campbellfrom certain citizens requesting all major banks maintain their current level of
services in Wollongong.
Mr Ameryfrom certain citizens requesting the retention of existing exemptions applying to
religious bodies in the Anti-Discrimination Act.
Mr Webbfrom certain citizens requesting that the Wilderness Act be repealed.
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Wednesday 20 March 2002
Mr Collinsfrom certain citizens requesting a review of components of the Lane Cove tunnel
works.
Mrs Skinnerfrom certain citizens opposing the Sydney Harbour Bridge Toll increase.
Mr Rozzolifrom certain citizens opposing the abolition of the Hawkesbury Nepean
Catchment Management Trust without valid reason or consultation.
Mr Collinsfrom certain citizens requesting the replacement of temporary demountable
classrooms at Northbridge Primary School.
Mr Tinkfrom certain citizens opposing the closure of Malabar Police Station.
15
PLACING OR DISPOSAL OF BUSINESSCALLOVER OF GENERAL BUSINESS
(1) General Business Notices of Motions (for Bills):
No. 1
Mona Vale Road Bushland Corridor Preservation Bill, postponed (Mr Humpherson)
No. 2
Crimes (Sentencing Procedure) Amendment (Victims’ Rights and Plea Bargaining)
Bill, postponed (Mr Hartcher)
(2) General Business Interrupted Mover’s Second Reading Speech:
No. 1
Graffiti Control (Spray Paint Can Display) Bill, postponed (Mr Richardson)
(3) General Business Orders of the Day (for Bills):
No. 1
Freedom of Information Amendment (Open and Accountable Government) Bill,
postponed (Mrs Chikarovski)
No. 2
Young Offenders Amendment Bill, postponed (Mr Tink)
No. 4
Conveyancing Amendment (Mortgages) Bill, postponed (Mr D.L. Page)
No. 5
Police Integrity Commission Amendment (Access to Documents) Bill, postponed (Mr
Tink)
No. 6
Right to Self-defence Bill, postponed (Mr Hartcher)
No. 7
Director of Public Prosecutions Amendment (Parliamentary Joint Committee) Bill,
postponed (Mr Hartcher)
(4) General Business Notices of Motions (General Notices):
No. 5
Native Vegetation and Conservation Act, withdrawn (Mr Torbay)
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Wednesday 20 March 2002
16
RE-ORDERING OF GENERAL BUSINESS
(1) Mr Torbay moved, That General Business Order of the Day (for Bills) No 12 (Crimes
(Sentencing Procedure) Amendment (General Sentencing Principles) Bill) have precedence on
Thursday 21 March 2002.
Debate ensued.
Question put and passed.
(2)
Mrs Skinner moved, That the General Business Notice of Motion (General Notice) given
by her this day (Danielle Evans) have precedence on Thursday 21 March 2002.
Debate ensued.
Question put.
The House divided.
AYES 37
Mr Armstrong, Mr Barr, Mr Brogden, Mrs Chikarovski, Mr Cull, Mr Debnam, Mr George, Mr
Glachan, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Mr Humpherson, Dr
Kernohan, Mr Kerr, Mr Maguire, Mr McGrane, Mr Merton, Ms Moore, Mr O'Farrell, Mr
Oakeshott, Mr D.L. Page, Mr Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, Mrs Skinner, Mr
Slack-Smith, Mr Souris, Mr Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner, Mr R.W. Turner and
Mr Webb.
Tellers: Mr Fraser and Mr R.H.L. Smith.
NOES 53
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Mr Bartlett, Ms Beamer, Mr
Black, Mr Brown, Miss Burton, Mr Campbell, Mr Carr, Mr Collier, Mr Crittenden, Mr Debus,
Mr Face, Mr Gaudry, Mr Gibson, Mr Greene, Mrs Grusovin, Ms Harrison, Mr Hickey, Mr
Hunter, Mr Iemma, Mr Knowles, Mr Lynch, Mr Markham, Mr Martin, Mr McBride, Mr
McManus, Ms Meagher, Ms Megarrity, Mr Mills, Mr Moss, Mr Newell, Ms Nori, Mr
Orkopoulos, Mr E.T. Page, Mrs Perry, Mr Price, Dr Refshauge, Ms Saliba, Mr Scully, Mr W.D.
Smith, Mr Stewart, Mr Tripodi, Mr Watkins, Mr West, Mr Whelan, Mr Woods and Mr Yeadon.
Tellers: Mr Anderson and Mr Thompson.
Pairs: Mr Collins—Mrs Lo Po'.
Question negatived.
17
NOTICES OF MOTIONS FOR URGENT CONSIDERATION
Miss Burton“Car Hoons”.
Mr TinkNeighbourhood Watch.
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Wednesday 20 March 2002
18
QUESTIONS

PAPER:
Mr Woods, by leave, tabled a report entitled “Report of an Investigation under section 430 of
the Local Government Act 1993 Re: Tweed Shire Council”, dated 20 March 2002.

19
MOTIONS FOR URGENT CONSIDERATION
(1)
Miss Burton made a statement in support of her notice for urgent consideration.
(2)
Mr Tink made a statement in support of his notice for urgent consideration
That this House:
(1)
Notes the serious concerns of Neighbourhood Watch groups from Murwillumbah to
Nowra about the resourcing of Neighbourhood Watch;
(2)
Notes that all reference to a $4.25 million plan to revitalise Neighbourhood Watch has
been dropped from the Police web site since Mr Costa became Minister; and
(3)
Calls on the Government to back Neighbourhood Watch with both money and
manpower.
QuestionThat the notice for urgent consideration of the Member for Kogarah (Miss Burton)
be proceeded withput.
The House divided.
AYES 51
Ms Allan, Mr Amery, Ms Andrews, Mr Aquilina, Mr Ashton, Ms Beamer, Mr Black, Mr
Brown, Miss Burton, Mr Campbell, Mr Collier, Mr Crittenden, Mr Debus, Mr Face, Mr Gaudry,
Mr Gibson, Mr Greene, Mrs Grusovin, Ms Harrison, Mr Hickey, Mr Hunter, Mr Iemma, Mr
Knowles, Mr Lynch, Mr Markham, Mr Martin, Mr McBride, Mr McManus, Ms Meagher, Ms
Megarrity, Mr Mills, Mr Moss, Mr Newell, Ms Nori, Mr Orkopoulos, Mr E.T. Page, Mrs Perry,
Mr Price, Dr Refshauge, Ms Saliba, Mr Scully, Mr W.D. Smith, Mr Stewart, Mr Tripodi, Mr
Watkins, Mr West, Mr Whelan, Mr Woods and Mr Yeadon.
Tellers: Mr Anderson and Mr Thompson.
NOES 36
Mr Armstrong, Mr Barr, Mr Brogden, Mr Collins, Mr Cull, Mr Debnam, Mr George, Mr
Glachan, Mr Hartcher, Mr Hazzard, Ms Hodgkinson, Mrs Hopwood, Dr Kernohan, Mr Kerr, Mr
Maguire, Mr McGrane, Mr Merton, Ms Moore, Mr O'Farrell, Mr Oakeshott, Mr D.L. Page, Mr
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Wednesday 20 March 2002
Piccoli, Mr Richardson, Mr Rozzoli, Ms Seaton, Mrs Skinner, Mr Slack-Smith, Mr Souris, Mr
Stoner, Mr Tink, Mr Torbay, Mr J.H. Turner, Mr R.W. Turner and Mr Webb.
Tellers: Mr Fraser and Mr R.H.L. Smith.
Pair: Mrs Lo Po'—Mrs Chikarovski.
Question passed.
20
MOTION FOR URGENT CONSIDERATION“CAR HOONS”
Miss Burton moved, pursuant to notice, That this House:
(1)
Condemns the activities of “car hoons” in southern Sydney and other areas:
(2)
Notes the disruption they cause to local families and businesses;
(3)
Calls on the Government to extend its existing laws on “car hoons” to allow the Police
and the Roads and Traffic Authority greater powers to remove and seize them; and
(4)
Further calls on the Government to expand the legislation to include other forms of
punishment such as community service orders.
Debate ensued.

SUSPENSION OF STANDING AND SESSIONAL ORDERS
Mr Whelan moved, That Standing and Sessional Orders be suspended to allow 2 extra speakers
for periods of 5 minutes each on the motion for urgent consideration.
Question put and passed.

Question put and passed.
21
STANDING COMMITTEE ON PUBLIC WORKS
Mr Whelan moved, by leave, That Peter Edward James Collins be appointed to serve on the
Standing Committee on Public Works in place of Thomas George, discharged.
Question put and passed.
22
SUSPENSION OF STANDING AND SESSIONAL ORDERSROUTINE OF BUSINESS
Mr Whelan moved, That Standing and Sessional Orders be suspended to postpone the taking of
Private Members’ Statements until after consideration of the Matter of Public Importance and
Government Business Order of the Day No. 1 (Environment Protection Legislation Amendment
Bill) at this sitting.
Question put and passed.
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Wednesday 20 March 2002
23
MATTER OF PUBLIC IMPORTANCECLYDE WASTE TRANSFER FACILITY
The Speaker, having previously informed the House of the receipt from Mr Merton of a matter
of public importance, namely:
Waste transfer facility at Clyde on Freightcorp land.
Discussion ensued and concluded.
24
ENVIRONMENT PROTECTION LEGISLATION AMENDMENT BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Debus, 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 Debus, read a third time.
25
MESSAGES FROM THE LEGISLATIVE COUNCIL
Mr Lynch, Acting Speaker, reported messages from the Legislative Council returning the
following bills without amendment:
20 March 2002
Children (Detention Centres) Amendment Bill
Conveyancing Legislation Amendment (e-plan) Bill
Sydney Bethel Union Extension Amendment Bill.
26
PRIVATE MEMBERS' STATEMENTS
Question proposed—That private members' statements be noted.
Debate ensued.
Question put and passed.
27
SUSPENSION OF STANDING AND SESSIONAL ORDERSINAUGURAL SPEECH
OF MEMBER FOR HORNSBY
Mr Whelan moved, by leave, That Standing and Sessional Orders be suspended to permit the
Member for Hornsby to make an inaugural speech forthwith with a time limit of 30 minutes.
Question put and passed.
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Wednesday 20 March 2002
An inaugural speech was made by the Member for Hornsby (Mrs Hopwood).
28
SUSPENSION OF STANDING AND SESSIONAL ORDERSINTRODUCTION OF
BILL
Mr Whelan moved, That Standing and Sessional Orders be suspended to permit the introduction
and progress up to and including the Minister’s second reading speech of the Coal Industry
Amendment (Validation) Bill, notice of which was given this day for tomorrow.
Question put and passed.
29
COAL INDUSTRY AMENDMENT (VALIDATION) BILL
Mr Yeadon moved, pursuant to notice, That leave be given to bring in a bill for an Act to amend
the Coal Industry Act 2001 to validate, to the extent to which the legislative power of the
Parliament permits, acts and things done on the assumption that the Coal Industry Repeal Act
2001 of the Commonwealth had commenced on 1 January 2002.
Question put and passed.
Bill presented and read a first time.
Mr Yeadon 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.
30
NOTICE OF MOTION
Mr Whelan, by leave, gave a notice of motion outside the Routine of Business.
31
ROAD TRANSPORT (GENERAL) AMENDMENT (OPERATOR ONUS 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 further consideration of the bill.
The Acting Speaker (Mr Lynch) resumed the Chair and the Deputy Speaker reported the bill
without amendment.
On motion of Mr Stewart, on behalf of Mr Scully, the report was adopted.
The Acting Speaker consented to the third reading being taken forthwith.
Bill, on motion of Mr Stewart, read a third time.
32
SUSPENSION OF STANDING AND SESSIONAL ORDERS—GAME BILL
Mr Whelan moved, That Standing and Sessional Orders be suspended to allow the resumption
of the adjourned second reading debate on the Game Bill.
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Question put and passed.
33
GAME BILL
The Order of the Day was read for the resumption of the adjourned debate, on the motion of Mr
Amery, That this bill be now read a second time.
Question again proposed and debate resumed.

Ordered, That Mr Souris be allowed to continue his speech for a further period of 5 minutes.

Mr McManus 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.
34
ADJOURNMENT
Mr Whelan moved, That this House do now adjourn.
Question put and passed.
The House adjourned accordingly at 10.20 pm, until tomorrow, at 10.00 am.
RUSSELL D. GROVE PSM
Clerk of the Legislative Assembly
JOHN MURRAY
Speaker
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Authorised by the Parliament of New South Wales