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Victoria Votes and Proceedings of The VICTORIA VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY SESSION 2010–14 VOLUME 2 CONTENTS VOLUME 2 Page Votes and Proceedings (December 2010–12) 1–518 LEGISLATIVE ASSEMBLY OF VICTORIA VOTES AND PROCEEDINGS No 1 No 1 — Tuesday 21 December 2010 1 PROCLAMATION SUMMONING PARLIAMENT TO MEET — The House met at 11.00 am in accordance with a Proclamation of the Governor dated 3 December 2010, which was read by the Clerk of the Legislative Assembly as follows: PROCLAMATION I, David de Kretser, AC, Governor of the State of Victoria, acting under sections 8 and 20 of the Constitution Act 1975 and all other powers vested in me, fix 21 December 2010 at 11.00 am as the time for the commencement and holding of the first session of the Fifty-seventh Parliament of Victoria for the dispatch of business, at Parliament House, Melbourne. The Members of the Legislative Council and the Members of the Legislative Assembly are required to attend at that time and place. Given under my Hand and the Seal of the State of Victoria, at Melbourne, this 3rd day of December 2010. (LS) DAVID DE KRETSER Governor By His Excellency's Command TED BAILLIEU MP Premier of Victoria 2 COMMISSION FOR THE COMMENCEMENT AND HOLDING OF THE PRESENT SESSION OF PARLIAMENT — The Honourable Justice Christopher Maxwell, having entered the House and been conducted by the Serjeant-at-Arms to the Chair, said: MEMBERS OF THE LEGISLATIVE ASSEMBLY: The Governor has caused a Commission to be issued under the Seal of the State constituting his Commissioners to do in his name all that is necessary to be performed in this Parliament. This will more fully appear from the Commission which will now be read by the Clerk. The Clerk read the Commission: BY HIS EXCELLENCY DAVID DE KRETSER, AC GOVERNOR OF VICTORIA TO THE HONOURABLE JUSTICE MARILYN WARREN, AC CHIEF JUSTICE OF VICTORIA AND TO THE HONOURABLE JUSTICE CHRISTOPHER MAXWELL PRESIDENT OF THE COURT OF APPEAL GREETING: 2 Legislative Assembly of Victoria Acting under all available powers and with the consent of the Premier, I commission each of you, on my behalf, to open the first session of the Fifty-seventh Parliament at 11.00 am in the morning of Tuesday the twenty-first day of December 2010 and to do all other things that it is necessary or usual for me to do on the opening of a new Parliament. Given under my hand and the seal of Victoria on this 20th day of December 2010. (LS) DAVID DE KRETSER Governor By His Excellency's Command TED BAILLIEU MP Premier 3 COMMISSION TO ADMINISTER OATH OR AFFIRMATION TO MEMBERS — The Honourable Justice Christopher Maxwell announced that he had received from the Governor a Commission to administer the Oath or Affirmation of Allegiance to Members of the Legislative Assembly, which the Clerk read as follows: BY HIS EXCELLENCY DAVID DE KRETSER, AC GOVERNOR OF VICTORIA TO THE HONOURABLE JUSTICE CHRISTOPHER MAXWELL PRESIDENT OF THE COURT OF APPEAL GREETING: Acting under section 23 of the Constitution Act 1975 I authorise you, in the Parliament Houses, Melbourne, on the twenty-first day of December 2010, to administer the prescribed Oath or Affirmation of allegiance to Members of the Legislative Assembly. Given under my hand and the seal of Victoria on this 20th day of December 2010. (LS) DAVID DE KRETSER Governor By His Excellency's Command TED BAILLIEU MP Premier 4 WRIT — The Clerk announced that a writ issued by the Governor for the election of members to serve in the Legislative Assembly of Victoria had been received from the Governor, duly endorsed with the returns and it appeared that the following members were elected for the districts listed opposite their respective names: Albert Park Martin Foley Altona Jill Hennessy Ballarat East Geoff Howard Ballarat West Sharon Knight Bass Ken Smith Bayswater Heidi Victoria Bellarine Lisa Neville Benalla Bill Sykes Benambra Bill Tilley Bendigo East Jacinta Allan Bendigo West Maree Edwards Votes and Proceedings 21 December 2010 3 Bentleigh Elizabeth Miller Box Hill Robert Clark Brighton Louise Asher Broadmeadows John Brumby Brunswick Jane Garrett Bulleen Nicholas Kotsiras Bundoora Colin Brooks Burwood Graham Watt Carrum Donna Bauer Caulfield David Southwick Clayton Hong Lim Cranbourne Jude Perera Dandenong John Pandazopoulos Derrimut Telmo Languiller Doncaster Mary Wooldridge Eltham Steve Herbert Essendon Justin Madden Evelyn Christine Fyffe Ferntree Gully Nick Wakeling Footscray Marsha Thomson Forest Hill Neil Angus Frankston Geoff Shaw Geelong Ian Trezise Gembrook Brad Battin Gippsland East Tim Bull Gippsland South Peter Ryan Hastings Neale Burgess Hawthorn Ted Baillieu Ivanhoe Anthony Carbines Keilor Natalie Hutchins Kew Andrew McIntosh Kilsyth David Hodgett Kororoit Marlene Kairouz Lara John Eren Lowan Hugh Delahunty Lyndhurst Tim Holding Macedon Joanne Duncan Malvern Michael O'Brien Melbourne Bronwyn Pike Melton Don Nardella Mildura Peter Crisp Mill Park Lily D'Ambrosio Mitcham Dee Ryall Monbulk James Merlino Mordialloc Lorraine Wreford Mornington David Morris Morwell Russell Northe Mount Waverley Michael Gidley Mulgrave Daniel Andrews Murray Valley Tim McCurdy Narracan Gary Blackwood Narre Warren North Luke Donnellan Narre Warren South Judith Graley Nepean Martin Dixon Niddrie Rob Hulls Northcote Fiona Richardson 4 Legislative Assembly of Victoria Oakleigh Ann Barker Pascoe Vale Christine Campbell Polwarth Terry Mulder Prahran Clem Newton-Brown Preston Robin Scott Richmond Richard Wynne Ripon Joe Helper Rodney Paul Weller Sandringham Murray Thompson Scoresby Kim Wells Seymour Lucinda McLeish Shepparton Jeanette Powell South Barwon Andrew Katos South-West Coast Denis Napthine Swan Hill Peter Walsh Tarneit Tim Pallas Thomastown Bronwyn Halfpenny Warrandyte Ryan Smith Williamstown Wade Noonan Yan Yean Danielle Green Yuroke Liz Beattie 5 MEMBERS SWORN — All of the above members took and subscribed the Oath or Affirmation as required by law except Mr Brumby and Mr Helper (who were not present). Then the Commissioner said: MEMBERS OF THE LEGISLATIVE ASSEMBLY: The Governor will attend the Parliament later this day to inform you and Members of the Legislative Council of the reasons for calling this Parliament together, and as it is necessary before you proceed with business that a Speaker of the Legislative Assembly be chosen, the Governor requests that you proceed to the choice of a Speaker. The Commissioner then retired from the House. 6 ELECTION OF SPEAKER — Ms Asher proposed the Member for Bass, Ken Smith, as Speaker of the Legislative Assembly and moved, that the Member for Bass take the Chair of this House as Speaker. The motion was seconded by Dr Napthine. Mr Smith accepted the nomination. As no other member was proposed, the Clerk declared that the Member for Bass had been duly elected Speaker. Mr Smith was accompanied to the Chair by Ms Asher and Dr Napthine, where he acknowledged the great honour conferred upon him. The Mace was then placed on the table. Mr Baillieu, Mr Ryan and Mr Andrews congratulated the Speaker. 7 ELECTION OF DEPUTY SPEAKER — Mr Mulder proposed the Member for Evelyn, Christine Fyffe, as Deputy Speaker and moved, that the Member for Evelyn be appointed Deputy Speaker of this House. The motion was seconded by Mr O'Brien. Mrs Fyffe accepted the nomination. Votes and Proceedings 21 December 2010 5 As no other member was proposed, the Speaker announced that the Member for Evelyn had been duly elected Deputy Speaker. 8 THE SPEAKER — Left the Chair at 11.44 am, resumed it at 2.32 pm and read the Prayer. 9 PRESENTATION OF THE SPEAKER — The Speaker advised that he had today presented himself to the Governor as the choice of the Legislative Assembly and that the Governor had been pleased to address him in the following terms: Speaker I have pleasure in congratulating you on your election to the high and important office of Speaker of the Legislative Assembly. The able manner in which you have discharged the duties you have undertaken during your parliamentary career is recognised by the members of the Legislative Assembly who in their wisdom have selected you as their Speaker. I have confidence that you will fulfil the duties of this distinguished office and hold fast to its traditions and customs. DAVID DE KRETSER Governor of Victoria Melbourne 21 December 2010 10 MESSAGE FROM THE GOVERNOR — The following message was delivered by the Usher of the Black Rod: Speaker: The Governor desires the immediate attendance of the members of the Legislative Assembly in the Legislative Council Chamber. Accordingly, the Speaker with the House went to attend the Governor — And having returned — [The Speaker left the Chair at 3.09 pm and resumed it at 5.04 pm] 11 COMMISSION TO ADMINISTER OATH OR AFFIRMATION TO MEMBERS — The Speaker announced that he had received a Commission from the Governor, which he read as follows: BY HIS EXCELLENCY DAVID DE KRETSER, AC GOVERNOR OF VICTORIA TO THE HONOURABLE KEN SMITH SPEAKER OF THE LEGISLATIVE ASSEMBLY OF VICTORIA GREETING: Acting under section 23 of the Constitution Act 1975 I authorise you, from time to time, in the Parliament Houses, Melbourne, to administer the prescribed Oath or Affirmation of allegiance to any Member of the Legislative Assembly who has not already taken and subscribed the same since his or her election to the Legislative Assembly. 6 Legislative Assembly of Victoria Given under my hand and the Seal of Victoria on this 21st day of December 2010. (LS) DAVID DE KRETSER Governor By His Excellency's Command TED BAILLIEU MP Premier 12 MEMBER SWORN — Joe Helper took and subscribed the Affirmation as required by law. 13 RESIGNATION OF SEAT — The Speaker announced that today he had received the resignation from the Member for Broadmeadows. 14 QUESTIONS — (Under SO 55). 15 POLICE REGULATION AMENDMENT (PROTECTIVE SERVICES OFFICERS) BILL 2010 — Mr Ryan obtained leave to bring in a Bill 'for an Act to amend the Police Regulation Act 1958 and for other purposes'; and, after debate, the Bill was read a first time.
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