LEGISLATIVE COUNCIL
MINUTES OF THE PROCEEDINGS
No. 116 — Thursday, 21 March 2013
Proof Version
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The President took the Chair and read the Prayer.
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PETITION — NADRASCA COMMUNITY FARM — Mr Leane presented a Petition bearing 52
signatures from certain citizens of Victoria requesting that the Government facilitate an
arrangement that will guarantee the Nadrasca Community Farm remains at its current
location so as it can continue to provide a great service to the community.
Ordered to lie on the Table.
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PAPERS —
CHILDREN’S COURT REPORT 2011-12 — Mr Guy presented, by command of the Governor,
the Report of the Children’s Court Of Victoria for the year 2011-12.
The Report was presented by Mr Guy and ordered to lie on the Table.
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ABORIGINAL AFFAIRS REPORT 2012 — Ms Lovell moved, by leave, That there be laid
before this House a copy of the Victorian Government Aboriginal Affairs Report, 2012.
Question — put and agreed to.
The Report was presented by Ms Lovell and ordered to lie on the Table.
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RURAL AND REGIONAL COMMITTEE — IMPACT OF FOOD SAFETY REGULATION ON
FARMS AND OTHER BUSINESSES — Mr Drum presented a Report from the Rural and
Regional Committee on the Impact of Food Safety Regulation on Farms and Other
Businesses (including Appendices), together with Transcripts of Evidence.
Ordered to lie on the Table and the Report to be printed.
Mr Drum moved, That the Council take note of the Report.
Debate ensued.
Question — put and agreed to.
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SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — ANNUAL REVIEW 2012 — Mr
Dalla-Riva presented the Annual Review 2012 from the Scrutiny of Acts and Regulations
Committee (including Appendices).
Ordered to lie on the Table and to be printed.
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PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of
several Acts of Parliament, were laid on the Table by the Clerk:
Safe Drinking Water Act 2003 — Report on Drinking Water Quality in Victoria, 2011-12.
Statutory Rules under the following Acts of Parliament:
Architects Act 1991 — No. 33.
Business Licensing Authority Act 1998 — No. 31.
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Legislative Council of Victoria
Fisheries Act 1995 — No. 18 (in lieu of that tabled on 20 February 2013).
Infringements Act 2006 — No. 30.
Subdivision Act 1988 — Transfer of Land Act 1958 — No. 32.
Subordinate Legislation Act 1994 — Documents under section 15 in respect of Statutory
Rule No. 31.
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SITTING OF THE COUNCIL — Mr D.M. Davis moved, That the Council, at its rising, adjourn
until Tuesday, 16 April 2013.
Question — put and agreed to.
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MEMBERS’ STATEMENTS — Statements were made by Members pursuant to Standing
Order 5.12.
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BUSINESS POSTPONED — Ordered — That the consideration of the Notices of Motion,
Government Business, be postponed until later this day.
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MAJOR SPORTING EVENTS AMENDMENT BILL 2013 — Debate resumed on the question,
That the Bill be now read a second time.
Amendments proposed to be moved in Committee by Ms Pennicuik were circulated.
Debate continued.
Question — put and agreed to.
Bill read a second time.
Ms Pennicuik moved, That contingent upon the Major Sporting Events Amendment Bill 2013
being committed, it be an instruction to the Committee that they have power to consider new
clauses to amend the Major Sporting Events Act 2009 to repeal the power to make no
compensation orders, to make consequential amendments and to provide for new reporting
requirements for event organisers
Debate ensued.
Question — put.
The Council divided — The President in the Chair.
AYES, 19
NOES, 21
Mr Barber
Mr Atkinson
Ms Broad
Mrs Coote
Ms Darveniza
Ms Crozier
Mr Eideh
Mr Dalla-Riva
Mr Elasmar
Mr D.M. Davis
Mr Jennings
Mr P.R. Davis
Ms Hartland
Mr Drum
Mr Leane
Mr Elsbury (Teller)
Mr Lenders
Mr Finn
Ms Mikakos
Mr Guy
Mr Pakula
Mr Hall
Ms Pennicuik
Mr Koch
Ms Pulford
Mrs Kronberg
Mr Scheffer (Teller)
Ms Lovell
Mr Somyurek
Mr O’Brien
Mr Tarlamis
Mr O’Donohue
Mr Tee
Mr Ondarchie
Ms Tierney (Teller)
Mrs Petrovich
Mr Viney
Mrs Peulich (Teller)
Mr Ramsay
Mr Rich-Phillips
Question negatived.
Bill to be committed later this day.
Business having been interrupted at 12 noon pursuant to Standing Orders —
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QUESTIONS — Questions without notice were taken pursuant to Standing Order 8.04.
Minutes of the Proceedings
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BAW BAW PLANNING SCHEME AMENDMENT C96 — Mr Guy having given an answer to a
question without notice relating to Baw Baw Planning Scheme Amendment
C96 —
On the motion of Mr Viney, the Minister’s answer was ordered to be taken into consideration
on the next day of meeting.
QUESTIONS — Questions without notice continued.
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BUSINESS POSTPONED — Ordered — That the consideration of Orders of the Day,
Government Business, Nos. 1 and 2, be postponed until later this day.
10 JUSTICE LEGISLATION AMENDMENT (CANCELLATION OF PAROLE AND OTHER
MATTERS) BILL 2013 — Debate resumed on the question, That the Bill be now read a
second time.
Question — put and agreed to.
Bill read a second time and committed to a Committee of the whole.
House in Committee.
Bill reported without amendment, 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 without amendment.
11 CRIMES AMENDMENT (INTEGRITY IN SPORTS) BILL 2013 — The Acting President read a
Message from the Assembly presenting A Bill for an Act to amend the Crimes Act 1958 to
insert new offences in relation to corrupting the betting outcomes of events or event
contingencies on which it is lawful to place bets and for other purposes and requesting the
agreement of the Council.
On the motion of Mr Hall (for Mr Guy), the Bill was read a first time and, by leave, ordered to
be read a second time forthwith.
Mr Hall 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 Hall, the second reading speech was incorporated into Hansard.
Mr Hall moved, That the Bill be now read a second time.
On the motion of Mr Lenders (for Mr Leane), the debate was adjourned for one week.
12 PLANNING AND ENVIRONMENT AMENDMENT (GROWTH AREAS AUTHORITY AND
MISCELLANEOUS) BILL 2013 — The Acting President read a Message from the Assembly
presenting A Bill for an Act to amend the Planning and Environment Act 1987 to enable
growth areas to be declared anywhere in Victoria, to expand the functions of the Growth
Areas Authority and to make other amendments to improve the operation of that Act and for
other purposes and requesting the agreement of the Council.
On the motion of Mr Hall (for Mr Guy), the Bill was read a first time and, by leave, ordered to
be read a second time forthwith.
Mr Hall 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 Hall, the second reading speech was incorporated into Hansard.
Mr Hall moved, That the Bill be now read a second time.
On the motion of Mr Lenders (for Mr Tee), the debate was adjourned for one week.
13 RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013 — The Acting President read a
Message from the Assembly presenting A Bill for an Act to make provision for a national
system of rail safety and to make related amendments to other Acts and for other purposes
and requesting the agreement of the Council.
On the motion of Mr Hall (for Mr Guy), the Bill was read a first time and, by leave, ordered to
be read a second time forthwith.
Mr Hall laid on the Table the statement of compatibility as required by the Charter of Human
Rights and Responsibilities Act 2006.
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Legislative Council of Victoria
On the motion of Mr Hall, the second reading speech was incorporated into Hansard.
Mr Hall moved, That the Bill be now read a second time.
On the motion of Mr Lenders (for Mr Tee), the debate was adjourned for one week.
14 TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND
OTHER MATTERS) BILL 2013 — The Acting President read a Message from the Assembly
presenting A Bill for an Act to amend the Rail Safety Act 2006 to facilitate the safe operation
of railways in Victoria to which the Rail Safety National Law (Victoria) does not apply and to
make amendments to that Act to align that Act with the Rail Safety National Law (Victoria) to
ensure consistency in the regulation of all railway operations in Victoria, to amend the Bus
Safety Act 2009 and for other purposes and requesting the agreement of the Council.
On the motion of Mr Hall (for Mr Guy), the Bill was read a first time and, by leave, ordered to
be read a second time forthwith.
Mr Hall 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 Hall, the second reading speech was incorporated into Hansard.
Mr Hall moved, That the Bill be now read a second time.
On the motion of Mr Lenders (for Mr Tee), the debate was adjourned for one week.
15 COMPANY TITLES (HOME UNITS) BILL 2013 — The Acting President read a Message from
the Assembly presenting A Bill for an Act to confer additional jurisdiction on the Victorian
Civil and Administrative Tribunal to hear and determine neighbourhood disputes affecting
company title corporations and service companies for building subdivisions and for other
purposes and requesting the agreement of the Council.
On the motion of Mr Hall (for Mr Rich-Phillips), the Bill was read a first time and, by leave,
ordered to be read a second time forthwith.
Mr Hall 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 Hall, the second reading speech (except for the statement under section
85(5) of the Constitution Act 1975) was incorporated into Hansard.
Mr Hall moved, That the Bill be now read a second time.
Mr Hall made a statement pursuant to section 85(5) of the Constitution Act 1975 on the
reasons for altering or varying this section.
On the motion of Mr Lenders (for Mr Tee), the debate was adjourned for one week.
16 COGNATE MOTION — Mr Hall moved, by leave, That the second reading debate on the Rail
Safety National Law Application Bill 2013 be taken concurrently with the second reading
debate on the Transport Legislation Amendment (Rail Safety Local Operations and Other
Matters) Bill 2013.
Debate ensued.
Question — put and agreed to.
17 WATER LEGISLATION AMENDMENT BILL 2012 — 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.
18 MAJOR SPORTING EVENTS AMENDMENT BILL 2013 — Bill committed to a Committee of
the whole.
House in Committee.
Bill reported without amendment, the Report was adopted, and the Bill was read a third time
and passed.
Minutes of the Proceedings
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Bill returned to the Assembly with a Message informing them that the Council have agreed to
the Bill without amendment.
19 ADJOURNMENT — Ms Lovell moved, That the House do now adjourn.
Debate ensued and responses to certain Adjournment matters were circulated pursuant to
Standing Order 4.12.
And then the Council, at 7.18 p.m., adjourned until Tuesday, 16 April 2013.
WAYNE TUNNECLIFFE
Clerk of the Legislative Council