1007
LEGISLATIVE COUNCIL
MINUTES OF PROCEEDINGS
No. 85
WEDNESDAY 4 MARCH 2009
Contents
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Meeting of the House ............................................................................................................................. 1008
Message from the Legislative Assembly—Western Lands Amendment Bill 2009................................ 1008
Condolence Motion—Death of Mr Matt Laffan (Formal Business) ...................................................... 1008
Unproclaimed Legislation ...................................................................................................................... 1008
Petitions .................................................................................................................................................. 1009
Irregular Petition ..................................................................................................................................... 1009
Notices of Motions ................................................................................................................................. 1009
Notice of Motion Withdrawn ................................................................................................................. 1009
Business Postponed ................................................................................................................................ 1010
Food Amendment (Trans Fatty Acids Eradication) Bill 2008 ................................................................ 1010
Questions ................................................................................................................................................ 1010
Message from the Legislative Assembly—Telecommunications (Interception and Access) (New
South Wales) Amendment Bill 2009............................................................................................... 1011
Standing Committee on Social Issues—Take Note of Report ................................................................ 1011
Standing Committee on Law and Justice—Take Note of Report ........................................................... 1011
General Purpose Standing Committee No. 5—Take Note of Report ..................................................... 1011
Budget Estimates 2008-2009—Take Note ............................................................................................. 1012
Food Amendment (Trans Fatty Acids Eradication) Bill 2008 ................................................................ 1012
Suspension of Standing and Sessional Orders—Disputed Claim of Privilege—Report of
Independent Legal Arbiter—Tillegra Dam............................................................................................. 1012
Environmental Planning and Assessment Amendment (Affordable Housing Development
Contributions) Bill 2008 ......................................................................................................................... 1013
Adjournment ........................................................................................................................................... 1013
Attendance .............................................................................................................................................. 1014
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Legislative Council Minutes No. 77—Wednesday 4 March 2009
1
MEETING OF THE HOUSE
The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.
2
MESSAGE FROM THE LEGISLATIVE ASSEMBLY—WESTERN LANDS AMENDMENT
BILL 2009
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Western
Lands Act 1901 as a result of a statutory review under section 3B of that Act; and for other purposes”
presents the bill to the Legislative Council for its concurrence.
Legislative Assembly
3 March 2009
RICHARD TORBAY
Speaker
Bill, on motion of Mr Della Bosca (on behalf of Mr Kelly), read for a first time and ordered to be printed.
Mr Della Bosca moved, according to contingent notice: That standing orders be suspended to allow the
passing of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
3
CONDOLENCE MOTION—DEATH OF MR MATT LAFFAN (Formal Business)
Dr Kaye moved, according to notice:
1.
That this House extends its condolences to the family and friends of lawyer, disability activist
and rugby supporter Matt Laffan, and in particular to his parents, Dick and Jenny.
2.
That this House notes that Matt lived his life to the full, bringing inspiration and joy to those
who had the honour to share his company, and that he gave tirelessly to his profession, the cause
of people with disabilities, and to the game of rugby union.
3.
That this House notes that the people of New South Wales were enriched by the life of Matt
Laffan and that his achievements and famous wit and good humour stands as a testament to his
courage and his determination to celebrate his many abilities.
Question put and passed.
4
UNPROCLAIMED LEGISLATION
According to standing order, Mr Robertson tabled a list of unproclaimed legislation as at 3 March 2009.
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Legislative Council Minutes No. 77—Wednesday 4 March 2009
5
PETITIONS
Permanent bus service to Morriset
Ms Voltz presented a petition from 239 citizens of New South Wales stating that the Rathmines, Arcadia
Vale and Wangi Wangi area is serviced by a private bus company and that buses only travel to Toronto,
where one changes to another bus to proceed to the Fassifern railway station, and requesting that the
House instate a permanent, user-friendly bus service to link the Rathmines, Arcadia Vale and Wangi
Wangi areas with the railway station at Morriset.
Petition received.
New car park for Cabramatta
Mr Lynn presented a petition from 491 citizens of New South Wales stating that the Government has
neglected to address the problem of car parking in the shopping vicinity of Cabramatta which is impacting
on the development of local businesses, and requesting that the House support the call to the local council
and the local member to urgently build a new car park.
Petition received.
6
IRREGULAR PETITION
Ms Rhiannon sought the leave of the House to move a motion to suspend standing orders to allow the
presentation of an irregular petition from 132 citizens of New South Wales concerning the labelling of
eggs.
No objection taken.
Leave granted.
Ms Rhiannon moved, by leave and without notice: That standing orders be suspended to allow the
presentation of an irregular petition from 132 citizens concerning the labelling of eggs.
Question put and passed.
Labelling of eggs
Ms Rhiannon presented an irregular petition from 132 citizens of New South Wales noting the confusion
caused by the labelling of eggs, and requesting that the House regulate labelling laws that differentiate
between caged, barn and free range eggs through an on-farm auditing system, in keeping with trade
practices and fair trading legislation.
Petition received.
7
NOTICES OF MOTIONS
8
NOTICE OF MOTION WITHDRAWN
Ms Rhiannon withdrew private members’ business item no. 84 outside the order of precedence relating to
the Hill Top shooting range.
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Legislative Council Minutes No. 77—Wednesday 4 March 2009
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BUSINESS POSTPONED
Order of the day no. 1 on the Notice Paper of government business postponed, on motion of Mr Della
Bosca, until a later hour of the sitting.
10
FOOD AMENDMENT (TRANS FATTY ACIDS ERADICATION) BILL 2008
Order of the day read for resumption of the adjourned debate of the question on the motion of Dr Kaye:
That this bill be now read a second time.
Debate resumed.
Ms Rhiannon moved: That this debate be now adjourned until next sitting day.
Question put.
The House divided.
Ayes 4
Mr Cohen
Ms Hale *
Dr Kaye *
Ms Rhiannon
* Tellers
Noes 34
Mr Ajaka
Mr Brown
Mr Catanzariti
Mr Clarke
Mr Colless
Ms Cusack
Mr Della Bosca
Mr Donnelly*
Ms Fazio
Ms Ficarra
Mr Gallacher
Miss Gardiner
Mr Gay
Ms Griffin
Mr Harwin*
Mr Kelly
Mr Khan
Mr Macdonald
Mr Mason-Cox
Revd Mr Nile
Mr Obeid
Ms Parker
Mrs Pavey
Mr Pearce
Ms Robertson
Mr Robertson
Mr Roozendaal
Ms Sharpe
Mr Smith
Mr Tsang
Mr Veitch
Ms Voltz
Mr West
Ms Westwood
* Tellers
Question resolved in the negative.
____________________
According to sessional order, it being after 12.00 noon proceedings interrupted for Questions.
____________________
11
QUESTIONS
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12
MESSAGE
FROM
THE
LEGISLATIVE
ASSEMBLY—TELECOMMUNICATIONS
(INTERCEPTION AND ACCESS) (NEW SOUTH WALES) AMENDMENT BILL 2009
The President reported the following message from the Legislative Assembly:
Mr PRESIDENT
The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the
Telecommunications (Interception and Access) (New South Wales) Act 1987 to harmonise its provisions
with those of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth; and for
other purposes” presents the bill to the Legislative Council for its concurrence.
Legislative Assembly
4 March 2009
RICHARD TORBAY
Speaker
Bill, on motion of Mr Kelly (on behalf of Mr Hatzistergos), read a first time and ordered to be printed.
Mr Kelly moved, according to contingent notice: That standing orders be suspended to allow the passing
of the bill through all its remaining stages during the present or any one sitting of the House.
Question put and passed.
Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.
________________________
According to sessional order, debate on committee reports proceeded with.
________________________
13
STANDING COMMITTEE ON SOCIAL ISSUES—TAKE NOTE OF REPORT
Order of the day read for resumption of the interrupted debate of the question on the motion of Mr West:
That the House take note of Report No. 40 of the Standing Committee on Social Issues entitled
“Overcoming Indigenous disadvantage in New South Wales: Interim Report”, dated June 2008.
Debate resumed.
Question put and passed.
14
STANDING COMMITTEE ON LAW AND JUSTICE—TAKE NOTE OF REPORT
Order of the day read for resumption of the adjourned debate of the question on the motion of Ms
Robertson: That the House take note of Report No. 36 of the Standing Committee on Law and Justice
entitled “Review of the exercise of the functions of the Motor Accidents Authority and the Motor
Accidents Council – Ninth Report”, dated September 2008.
Debate resumed.
Question put and passed.
15
GENERAL PURPOSE STANDING COMMITTEE NO. 5—TAKE NOTE OF REPORT
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Colless
(on behalf of Mr Cohen): That the House take note of Report No. 28 of General Purpose Standing
Committee No. 5 entitled “The former uranium smelter site at Hunter’s Hill”, dated September 2008.
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Legislative Council Minutes No. 77—Wednesday 4 March 2009
Debate resumed.
Question put and passed.
_______________________
According to standing order, proceedings interrupted after one hour.
________________________
According to sessional order, debate on Budget Estimates proceeded with.
________________________
16
BUDGET ESTIMATES 2008-2009—TAKE NOTE
Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Della
Bosca: That the House take note of the Budget Estimates and related papers for the financial year 20082009.
Debate resumed.
Motion made (Mr Colless speaking) and question: That this debate be now adjourned until next sitting
day—put and passed.
17
FOOD AMENDMENT (TRANS FATTY ACIDS ERADICATION) BILL 2008
Order of the day read for resumption of the interrupted debate of the question on the motion of Dr Kaye:
That this bill be now read a second time.
Debate resumed.
Motion made (Ms Rhiannon speaking) and question: That this debate be now adjourned until next sitting
day—put and passed.
18
SUSPENSION OF STANDING AND SESSIONAL ORDERS—DISPUTED CLAIM OF
PRIVILEGE—REPORT OF INDEPENDENT LEGAL ARBITER—TILLEGRA DAM
On the President calling on the Clerk to read the order of the day, Dr Kaye 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. 177 outside the order of precedence relating to the
tabling of an Independent Legal Arbiter’s report on papers regarding Tillegra Dam be called on forthwith.
Debate ensued.
Question put.
The House divided.
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Legislative Council Minutes No. 77—Wednesday 4 March 2009
Ayes 19
Mr Ajaka
Mr Clarke
Mr Cohen
Mr Colless *
Ms Cusack
Ms Ficarra
Mr Gallacher
Miss Gardiner
Mr Gay
Ms Hale
Mr Harwin *
Dr Kaye
Mr Lynn
Mr Mason-Cox
Revd Dr Moyes
Ms Parker
Mrs Pavey
Mr Pearce
Ms Rhiannon
* Tellers
Noes 20
Mr Brown
Mr Catanzariti
Mr Della Bosca
Mr Donnelly *
Ms Fazio
Ms Griffin
Mr Hatzistergos
Mr Kelly
Mr Macdonald
Revd Mr Nile
Mr Obeid
Ms Robertson
Mr Roozendaal
Ms Sharpe
Mr Smith
Mr Tsang
Mr Veitch *
Ms Voltz
Mr West
Ms Westwood
* Tellers
Pairs
Mr Khan
Mr Robertson
Question resolved in the negative.
19
ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT
HOUSING DEVELOPMENT CONTRIBUTIONS) BILL 2008
(AFFORDABLE
Order of the day read for resumption of the adjourned debate of the question on the motion of Ms Hale:
That this bill be now read a second time.
Debate resumed.
Motion made (Ms Fazio speaking) and question: That this debate be now adjourned until next sitting
day—put and passed.
20
ADJOURNMENT
Mr Kelly moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 5.33 pm until Thursday 5 March 2009 at 11.00 am.
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ATTENDANCE
All members present.
Lynn Lovelock
Clerk of the Parliaments
_____________________________
Authorised by the Parliament of New South Wales