LEGISLATIVE COUNCIL MINUTES OF THE PROCEEDINGS Nos. 131, 132 and 133 No. 131 — Tuesday, 13 September 2005 1 The President took the Chair and read the Prayer. 2 ASSENT TO ACTS — The President read a Message from the Governor informing the Council that he had, this day, given the Royal Assent to the undermentioned Acts presented to him by the Clerk of the Parliaments: House Contracts Guarantee (Amendment) Act Local Government (Further Amendment) Act Melbourne College of Divinity (Amendment) Act Racing and Gaming Acts (Police Powers) Act Vagrancy (Repeal) and Summary Offences (Amendment) Act Working with Children Act. 3 QUESTIONS — Questions without notice were taken pursuant to Standing Order 6.03 and answers to certain questions on notice were circulated pursuant to Standing Order 6.07. 4 MEMBERS’ STATEMENTS — Statements were made by Honourable Members pursuant to Sessional Order 11. 5 PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid upon the Table by the Clerk: Commonwealth Games Arrangements Act 2001 — Commonwealth Games Venue and Project Orders, pursuant to section 18 of the Act (four papers). Interpretation of Legislation Act 1984 — Notice pursuant to section 32(3)(a)(iii) in relation to Statutory Rule No. 49. Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes: Cardinia Planning Scheme — Amendment C33. Colac Otway Planning Scheme — Amendment C13. East Gippsland Planning Scheme — Amendment C33. Golden Plains Planning Scheme — Amendment C19. Greater Geelong Planning Scheme — Amendment C97. Manningham Planning Scheme — Amendment C30. Maribyrnong Planning Scheme — Amendments C38 and C41. Monash Planning Scheme — Amendment C16. Moonee Valley Planning Scheme — Amendment C64. Port Phillip Planning Scheme — Amendment C48. Whitehorse Planning Scheme — Amendments C59 and C61. Project Development and Construction Management Act 1994 — Orders in Council of 30 August 2005 of nomination and application orders (three papers). A Statutory Rule under the Victims of Crime Assistance Act 1996 — No. 106. Subordinate Legislation Act 1994 — Minister’s exception certificate under section 8(4) in respect of Statutory Rule No. 106. 582 Legislative Council of Victoria 6 NATIONAL PARKS (OTWAYS AND OTHER AMENDMENTS) BILL — The Order of the Day having been read for the second reading of this Bill, Mr John Lenders (for Ms Candy Broad) moved, That, pursuant to Sessional Order 34, the second reading speech be incorporated into Hansard. Question — put and resolved in the affirmative. Ms Candy Broad moved, That the Bill be now read a second time. On the motion of the Honourable Andrea Coote, the debate was adjourned until the next day of meeting. 7 SUSTAINABILITY VICTORIA BILL — The Order of the Day having been read for the second reading of this Bill, Mr John Lenders (for Ms Candy Broad) moved, That, pursuant to Sessional Order 34, the second reading speech be incorporated into Hansard. Question — put and resolved in the affirmative. Ms Candy Broad moved, That the Bill be now read a second time. On the motion of the Honourable Andrea Coote, the debate was adjourned until the next day of meeting. 8 RESIDENTIAL TENANCIES (FURTHER AMENDMENT) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Question — put. The Council divided. AYES, 21 NOES, 17 The Hon. Lidia Argondizzo The Hon. Bruce Atkinson Ms Candy Broad The Hon. W.R. Baxter The Hon. Helen Buckingham (Teller) The Hon. Barry Bishop Ms Elaine Carbines The Hon. Ron Bowden The Hon. Kaye Darveniza The Hon. Andrew Brideson The Hon. John Eren The Hon. Andrea Coote The Hon. Geoff Hilton The Hon. Richard Dalla-Riva Ms Carolyn Hirsh The Hon. David Davis Mr Gavin Jennings The Hon. Philip Davis Mr John Lenders The Hon. Damian Drum The Hon. John McQuilten The Hon. David Koch Ms Jenny Mikakos The Hon. Wendy Lovell The Hon. Robert Mitchell The Hon. Andrew Olexander The Hon. Sang Nguyen The Hon. Gordon Rich-Phillips Mr Noel Pullen The Hon. Graeme Stoney The Hon. C.A. Strong (Teller) Ms Glenyys Romanes Mr Johan Scheffer (Teller) The Hon. John Vogels (Teller) Mr Robert Smith Mr Adem Somyurek The Hon. Marsha Thomson Mr Matt Viney And so it was resolved in the affirmative. Bill read a second time and committed to a Committee of the whole. House in Committee. The President resumed the Chair; and the Chair of Committees having reported that the Committee had agreed to the Bill without amendment, the Report was adopted. Minutes of the Proceedings 583 The Honourable Marsha Thomson moved, That the Bill be now read a third time. Question — That the Bill be now read a third time and that the Bill do pass — put. The Council divided. AYES, 21 NOES, 17 The Hon. Bruce Atkinson (Teller) The Hon. Lidia Argondizzo Ms Candy Broad The Hon. W.R. Baxter The Hon. Helen Buckingham The Hon. Barry Bishop Ms Elaine Carbines (Teller) The Hon. Ron Bowden (Teller) The Hon. Kaye Darveniza (Teller) The Hon. Andrew Brideson The Hon. John Eren The Hon. Andrea Coote The Hon. Geoff Hilton The Hon. Richard Dalla-Riva Ms Carolyn Hirsh The Hon. David Davis Mr Gavin Jennings The Hon. Philip Davis Mr John Lenders The Hon. Damian Drum The Hon. John McQuilten The Hon. David Koch Ms Jenny Mikakos The Hon. Wendy Lovell The Hon. Robert Mitchell The Hon. Andrew Olexander The Hon. Sang Nguyen The Hon. Gordon Rich-Phillips Mr Noel Pullen The Hon. Graeme Stoney Ms Glenyys Romanes The Hon. C.A. Strong Mr Johan Scheffer The Hon. John Vogels Mr Robert Smith Mr Adem Somyurek The Hon. Marsha Thomson Mr Matt Viney And so it was resolved in the affirmative. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 9 FISHERIES (ABALONE) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Question — put and resolved in the affirmative. Bill read a second time and, by leave, read a third time and passed. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 10 LAND (MISCELLANEOUS MATTERS) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Question — put and resolved in the affirmative. Bill read a second time and, by leave, read a third time and passed. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 11 ROYAL VICTORIAN INSTITUTE FOR THE BLIND AND OTHER AGENCIES (MERGER) BILL — The Acting President announced the receipt of a Message from the Assembly presenting a Bill to provide that certain bequests, gifts, dispositions and trusts have effect as if made or declared to or in favour of Vision Australia Limited and for other purposes and desiring the agreement of the Council. 584 Legislative Council of Victoria On the motion of Mr John Lenders (for the Honourable Justin Madden), the Bill was read a first time and ordered to be printed and to be read a second time on the next day of meeting. 12 PIPELINES BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Business having been interrupted at 10.00 p.m. by the President pursuant to Sessional Order 14, the debate stood adjourned in the name of the Honourable Richard DallaRiva. 13 ADJOURNMENT — The President proposed the question, That the House do now adjourn. Debate ensued. And then the Council, at 10.22 p.m., adjourned until tomorrow. W.R. TUNNECLIFFE Clerk of the Legislative Council No. 132 — Wednesday, 14 September 2005 1 The President took the Chair and read the Prayer. 2 PETITION — NOWINGI TOXIC WASTE FACILITY — The Honourable Barry Bishop presented a Petition bearing 24 signatures from certain citizens of Victoria requesting that the Victorian Government abandon its proposal to place a toxic waste facility in the Mildura area. Ordered to lie on the Table. 3 PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid upon the Table by the Clerk: Auditor-General — Report on Franchising Melbourne’s train and tram system, September 2005. Australian Catholic University — Report, 2004. Commonwealth Games Arrangements Act 2001 — Commonwealth Games Venue and Project Orders, pursuant to section 18 of the Act (four papers). 4 MEMBERS’ STATEMENTS — Statements were made by Honourable Members pursuant to Sessional Order 11. 5 BUSINESS POSTPONED — Ordered — That the consideration of Notices of Motion, General Business, Nos. 1 to 18 inclusive, be postponed until later this day. 6 FAIR TRADING (TELEPHONE MARKETING) BILL — On the motion of the Honourable Peter Hall, leave was given to bring in a Bill to amend the Fair Trading Act 1999 to further regulate telephone marketing, and the Bill was read a first time and ordered to be printed and, by leave, to be read a second time forthwith. Accordingly, the Honourable Peter Hall moved, That the Bill be now read a second time. On the motion of Ms Jenny Mikakos, the debate was adjourned until Wednesday, 28 September 2005. 7 BUSINESS POSTPONED — Ordered — That the consideration of Orders of the Day, General Business, Nos. 1 to 4 inclusive, be postponed until later this day. Minutes of the Proceedings 585 8 SERIOUS OFFENDERS MONITORING BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. The Honourable Bruce Atkinson announced that he proposed to move an amendment in Committee and requested that it be circulated, pursuant to Sessional Order 36. Accordingly, the amendment was circulated. Question — put. The Council divided. AYES, 18 NOES, 21 The Hon. Bruce Atkinson The Hon. Lidia Argondizzo The Hon. W.R. Baxter Ms Candy Broad The Hon. Barry Bishop The Hon. Helen Buckingham The Hon. Ron Bowden Ms Elaine Carbines The Hon. Andrew Brideson (Teller) The Hon. Kaye Darveniza The Hon. John Eren (Teller) The Hon. Andrea Coote The Hon. Richard Dalla-Riva (Teller) The Hon. Geoff Hilton (Teller) The Hon. David Davis Ms Carolyn Hirsh The Hon. Philip Davis Mr Gavin Jennings The Hon. Damian Drum Mr John Lenders The Hon. Bill Forwood The Hon. John McQuilten The Hon. David Koch Ms Jenny Mikakos The Hon. Wendy Lovell The Hon. Robert Mitchell The Hon. Andrew Olexander The Hon. Sang Nguyen The Hon. Gordon Rich-Phillips Mr Noel Pullen The Hon. Graeme Stoney Ms Glenyys Romanes The Hon. C.A. Strong Mr Johan Scheffer The Hon. John Vogels Mr Robert Smith Mr Adem Somyurek The Hon. Marsha Thomson Mr Matt Viney And so it passed in the negative. 9 QUESTIONS — Questions without notice were taken pursuant to Standing Order 6.03 and answers to certain questions on notice were circulated pursuant to Standing Order 6.07. 10 ROYAL VICTORIAN INSTITUTE FOR THE BLIND AND OTHER AGENCIES (MERGER) BILL — The Order of the Day having been read for the second reading of this Bill, Mr John Lenders (for the Honourable Justin Madden) moved, That, pursuant to Sessional Order 34, the second reading speech be incorporated into Hansard. Question — put and resolved in the affirmative. Mr John Lenders moved, That the Bill be now read a second time. On the motion of the Honourable C.A. Strong the debate was adjourned until the next day of meeting. 11 BUSINESS POSTPONED — Ordered — That the consideration of Order of the Day, Government Business, No. 2, be postponed until later this day. 12 RADIATION BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. 586 Legislative Council of Victoria Question — put and resolved in the affirmative. Bill read a second time and, by leave, read a third time and passed. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 13 PIPELINES BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Question — put and resolved in the affirmative. Bill read a second time and, by leave, read a third time and passed. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 14 NATIONAL PARKS (OTWAYS AND OTHER AMENDMENTS) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. On the motion of the Honourable David Koch, the debate was adjourned until the next day of meeting. 15 MELBOURNE LANDS (YARRA RIVER NORTH BANK) (AMENDMENT) BILL — The Deputy President announced the receipt of a Message from the Assembly presenting a Bill to amend the Melbourne Lands (Yarra River North Bank) Act 1997 to provide for additional land to be included in the site used for the Melbourne Aquarium and for other purposes and desiring the agreement of the Council. On the motion of Mr John Lenders (for the Honourable Justin Madden), the Bill was read a first time and ordered to be printed and to be read a second time on the next day of meeting. 16 RACING AND GAMBLING ACTS (AMENDMENT) BILL — The Deputy President announced the receipt of a Message from the Assembly presenting a Bill to amend the Racing Act 1958 with respect to the Racing Victoria Centre land and appeals to the Racing Appeals Tribunal, to amend the Gambling Regulation Act 2003 with respect to the publication of race fields and the health benefit levy, to amend the Casino Control Act 1991 with respect to the health benefit levy, to amend the Gambling Regulation (Further Amendment) Act 2004, to repeal spent Acts and for other purposes and desiring the agreement of the Council. On the motion of Mr John Lenders (for the Honourable Justin Madden), the Bill was read a first time and ordered to be printed and to be read a second time on the next day of meeting. Business having been interrupted at 10.00 p.m. by the Deputy President pursuant to Sessional Order 14— 17 ADJOURNMENT — The Deputy President proposed the question, That the House do now adjourn. Debate ensued. And then the Council, at 10.26 p.m., adjourned until tomorrow. W.R. TUNNECLIFFE Clerk of the Legislative Council Minutes of the Proceedings 587 No. 133 — Thursday, 15 September 2005 1 The President took the Chair and read the Prayer. 2 PETITIONS — COUNTRY TAXI SERVICES — The Honourable Peter Hall presented a Petition bearing 18 signatures, from certain citizens of Victoria requesting that the Government immediately introduce measures that will lift the subsidised operation of country taxi services to the level given to Melbourne based taxis and to initiate reforms that will enhance the viability of country taxi services so that they can continue to meet the needs of country Victorians. Ordered to lie on the Table. * * * * * HATTAH/NOWINGI TOXIC WASTE FACILITY — The Honourables Damian Drum and Barry Bishop each presented a Petition bearing 211 and 278 signatures, respectively, from certain citizens of Victoria requesting that the Legislative Council abandon the proposal to place a toxic waste facility in the Mildura region. Ordered to lie on the Table. * * * * * ALBERT PARK PRECINCT PARKING FEES — The Honourable Bruce Atkinson presented a Petition bearing 1842 signatures, from certain citizens of Victoria requesting that approval for the introduction of the parking strategy within the Albert Park precinct be deferred until an independent study is conducted as to the impact these fees will have on the sports and other users of the Park. Ordered to lie on the Table. 3 PAPERS — PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE — AUDITOR-GENERAL’S REPORT ON PARLIAMENTARY CONTROL AND MANAGEMENT OF APPROPRIATIONS — The Honourable Bill Forwood presented a Report from the Public Accounts and Estimates Committee on the Review of the Auditor-General’s Report on Parliamentary Control and Management of Appropriations (including an Appendix). Ordered to lie on the Table and to be printed. The Honourable Bill Forwood moved, That the Council take note of the Report. Debate ensued. Question — put and resolved in the affirmative. * * * * * PAPERS PURSUANT TO STATUTE — The following Papers, pursuant to the directions of several Acts of Parliament, were laid upon the Table by the Clerk: Office of Police Integrity — Investigation into the publication of One Down, One Missing, September 2005. Victorian Law Reform Commission — Interim Report on Family Violence Police Holding Powers. 4 SITTING OF THE COUNCIL — Mr John Lenders moved, That the Council, at its rising, adjourn until Tuesday, 4 October 2005. Question — put and resolved in the affirmative. 5 MEMBERS’ STATEMENTS — Statements were made by Honourable Members pursuant to Sessional Order 11. 588 Legislative Council of Victoria 6 STATEMENTS ON REPORTS AND PAPERS — Statements on reports and papers were made by Honourable Members pursuant to Sessional Order 17. 7 BUSINESS POSTPONED — Ordered — That the consideration of Order of the Day, Government Business, No. 1, be postponed until later this day. 8 MELBOURNE LANDS (YARRA RIVER NORTH BANK) (AMENDMENT) BILL — The Order of the Day having been read for the second reading of this Bill, Ms Candy Broad (for the Honourable Justin Madden) moved, That, pursuant to Sessional Order 34, the second reading speech be incorporated into Hansard. Question — put and resolved in the affirmative. Ms Candy Broad moved, That the Bill be now read a second time. On the motion of the Honourable Andrea Coote (for the Honourable David Davis), the debate was adjourned until the next day of meeting. 9 NATIONAL PARKS (OTWAYS AND OTHER AMENDMENTS) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Mr Robert Smith moved, That the debate be adjourned until later this day. Debate ensued. Question — put and resolved in the affirmative. 10 SUSTAINABILITY VICTORIA BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Business having been interrupted at 2.05 p.m. pursuant to Sessional Orders — 11 QUESTIONS — Questions without notice were taken pursuant to Standing Order 6.03 and answers to certain questions on notice were circulated pursuant to Standing Order 6.07. 12 SUSTAINABILITY VICTORIA BILL — Debate continued on the question, That the Bill be now read a second time. Question — put and resolved in the affirmative. Bill read a second time and, by leave, read a third time and passed. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 13 RACING AND GAMBLING ACTS (AMENDMENT) BILL — The Order of the Day having been read for the second reading of this Bill, the Honourable Marsha Thomson (for the Honourable Justin Madden) moved, That, pursuant to Sessional Order 34, the second reading speech be incorporated into Hansard. Question — put and resolved in the affirmative. The Honourable Marsha Thomson moved, That the Bill be now read a second time. On the motion of the Honourable David Koch, the debate was adjourned until the next day of meeting. 14 NATIONAL PARKS (OTWAYS AND OTHER AMENDMENTS) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. Debate resumed. Question — put. The Council divided. Minutes of the Proceedings 589 AYES, 36 NOES, 4 The Hon. W.R. Baxter (Teller) The Hon. Lidia Argondizzo The Hon. Bruce Atkinson The Hon. Barry Bishop The Hon. Ron Bowden The Hon. Damian Drum The Hon. Peter Hall (Teller) The Hon. Andrew Brideson Ms Candy Broad The Hon. Helen Buckingham Ms Elaine Carbines (Teller) The Hon. Andrea Coote The Hon. Richard Dalla-Riva The Hon. Kaye Darveniza The Hon. David Davis The Hon. Philip Davis The Hon. John Eren The Hon. Bill Forwood The Hon. Geoff Hilton (Teller) Ms Carolyn Hirsh Mr Gavin Jennings The Hon. David Koch Mr John Lenders The Hon. Wendy Lovell The Hon. John McQuilten Ms Jenny Mikakos The Hon. Robert Mitchell The Hon. Sang Nguyen The Hon. Andrew Olexander Mr Noel Pullen The Hon. Gordon Rich-Phillips Ms Glenyys Romanes Mr Johan Scheffer Mr Robert Smith Mr Adem Somyurek The Hon. Graeme Stoney The Hon. C.A. Strong The Hon. Marsha Thomson Mr Matt Viney The Hon. John Vogels And so it was resolved in the affirmative. The Honourable Marsha Thomson moved, by leave, That the Bill be now read a third time. Question — That the Bill be now read a third time and that the Bill do pass — put. The Council divided. AYES, 36 NOES, 4 The Hon. Lidia Argondizzo The Hon. W.R. Baxter The Hon. Barry Bishop (Teller) The Hon. Bruce Atkinson The Hon. Damian Drum (Teller) The Hon. Ron Bowden The Hon. Andrew Brideson The Hon. Peter Hall Ms Candy Broad The Hon. Helen Buckingham Ms Elaine Carbines The Hon. Andrea Coote 590 Legislative Council of Victoria The Hon. Richard Dalla-Riva The Hon. Kaye Darveniza The Hon. David Davis The Hon. Philip Davis The Hon. John Eren The Hon. Bill Forwood The Hon. Geoff Hilton Ms Carolyn Hirsh Mr Gavin Jennings The Hon. David Koch Mr John Lenders The Hon. Wendy Lovell The Hon. John McQuilten Ms Jenny Mikakos The Hon. Robert Mitchell The Hon. Sang Nguyen The Hon. Andrew Olexander Mr Noel Pullen The Hon. Gordon Rich-Phillips Ms Glenyys Romanes Mr Johan Scheffer Mr Robert Smith Mr Adem Somyurek (Teller) The Hon. Graeme Stoney The Hon. C.A. Strong The Hon. Marsha Thomson Mr Matt Viney (Teller) The Hon. John Vogels And so it was resolved in the affirmative. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 15 ROYAL VICTORIAN INSTITUTE FOR THE BLIND AND OTHER AGENCIES (MERGER) BILL — The Order of the Day was read for the resumption of the debate on the question, That the Bill be now read a second time. And the President having ruled the Bill to be a Private Bill — Mr. John Lenders moved, That the Bill be dealt with as a Public Bill. Question — put and resolved in the affirmative. Debate resumed. Question — That the Bill be now read a second time — put and resolved in the affirmative. Bill read a second time and, by leave, read a third time and passed. Ordered — That a Message be sent to the Assembly acquainting them that the Council have agreed to the Bill without amendment. 16 SENTENCING AND MENTAL HEALTH ACTS (AMENDMENT) BILL — The President announced the receipt of a Message from the Assembly presenting a Bill to amend the Sentencing Act 1991, the Mental Health Act 1986, the Corrections Act 1986 and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, to make consequential amendments to other Acts and for other purposes and desiring the agreement of the Council. Minutes of the Proceedings 591 On the motion of Mr Gavin Jennings, the Bill was read a first time and ordered to be printed and to be read a second time on the next day of meeting. 17 SPORTS ANTI-DOPING BILL — The President announced the receipt of a Message from the Assembly presenting a Bill to re-enact with amendments the law relating to anti-doping in sport, to confer functions on the Australian Sports Drug Agency, to repeal the Sports Drug Testing Act 1995 and for other purposes and desiring the agreement of the Council. On the motion of Mr Gavin Jennings (for the Honourable Justin Madden), the Bill was read a first time and ordered to be printed and to be read a second time on the next day of meeting. Business having been interrupted at 4.30 p.m. by the President pursuant to Sessional Order 14 — 18 ADJOURNMENT — The President proposed the question, That the House do now adjourn. Debate ensued. And then the Council, at 5.09 p.m., adjourned until Tuesday, 4 October 2005. W.R. TUNNECLIFFE Clerk of the Legislative Council