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Legislative Council 26121 LEGISLATIVE COUNCIL Tuesday 19 October 2010 __________ The President (The Hon. Amanda Ruth Fazio) took the chair at 2.30 p.m. The President read the Prayers. The PRESIDENT: I acknowledge the Gadigal clan of the Eora nation and its elders and thank them for their custodianship of this land. ASSENT TO BILLS Assent to the following bills reported: Electronic Transactions Amendment Bill 2010 Evidence Amendment Bill 2010 Plant Diseases Amendment Bill 2010 Privacy and Government Information Legislation Amendment Bill 2010 Terrorism (Police Powers) Amendment Bill 2010 Law Enforcement and National Security (Assumed Identities) Bill 2010 JOINT SELECT COMMITTEE ON PARLIAMENTARY PROCEDURE Appointment The PRESIDENT: I report the receipt of the following message from the Legislative Assembly: MADAM PRESIDENT The Legislative Assembly having considered the Legislative Council's message dated 23 September 2010 proposing amendments to the resolution of appointment of a Joint Select Committee on Parliamentary Procedure, informs the Legislative Council that the Legislative Assembly agrees to the amendments. Legislative Assembly RICHARD TORBAY 23 September 2010 Speaker Membership The PRESIDENT: I inform the House that the Clerk has received the following nominations for membership on the Joint Select Committee on Parliamentary Procedure: Government member: The Hon. Michael Veitch Opposition members: The Hon. Don Harwin The Hon. Trevor Khan Crossbench members: Reverend the Hon. Fred Nile Dr John Kaye I inform the House further that on 6 October 2010 correspondence was received from the Clerk of the Legislative Assembly advising that the following members of the Legislative Assembly have been nominated to serve as members on the Joint Select Committee on Parliamentary Procedure: Government members: Ms Tanya Gadiel, MP Mr John Aquilina, MP Mr David Campbell, MP Opposition members: Mr Daryl Maguire, MP Mr Adrian Piccoli, MP Crossbench member: Mr Richard Torbay, MP 26122 LEGISLATIVE COUNCIL 19 October 2010 Pursuant to resolution, the Committee will be chaired by the Speaker of the Legislative Assembly and me. Message forwarded to the Legislative Assembly advising it of the nominations. CHILD DEATH REVIEW TEAM Report The President tabled, pursuant to the Commission for Children and Young People Act 1998, a report entitled "A Preliminary Investigation of Neonatal SUDI in NSW 1996-2008: Opportunities for Prevention", dated 6 October 2010, received and authorised to be made public on 6 October 2010. Ordered to be printed on motion by the Hon. John Hatzistergos. REGISTER OF DISCLOSURES BY MEMBERS The President tabled, pursuant to the Constitution (Disclosures by Members) Regulation 1983, a copy of the Register of Disclosures by Members of the Legislative Council for the period 1 July 2009 to 30 June 2010. Ordered to be printed on motion by the Hon. John Hatzistergos. FIREARMS LEGISLATION AMENDMENT BILL 2010 Third Reading The Hon. ROBERT BORSAK [2.34 p.m.]: I move: That this bill be now read a third time. Question put. The House divided. Ayes, 31 Mr Ajaka Mr Gay Mr Robertson Mr Borsak Ms Griffin Ms Robertson Mr Brown Mr Hatzistergos Ms Sharpe Mr Catanzariti Mr Khan Mr Veitch Mr Clarke Mr Lynn Ms Voltz Mr Colless Mr Mason-Cox Mr West Ms Cotsis Mr Moselmane Ms Westwood Ms Cusack Reverend Nile Ms Ficarra Ms Parker Tellers, Mr Foley Mr Pearce Mr Donnelly Mr Gallacher Mr Primrose Mr Harwin Noes, 5 Mr Cohen Reverend Dr Moyes Mr Shoebridge Tellers, Ms Faehrmann Dr Kaye Question resolved in the affirmative. 19 October 2010 LEGISLATIVE COUNCIL 26123 Motion agreed to. Bill read a third time and transmitted to the Legislative Assembly with a message seeking its concurrence in the bill. EXECUTION OF SEARCH WARRANTS ON MEMBERS' PREMISES Motion by the Hon. Kayee Griffin agreed to: 1. That this House notes the report of the Privileges Committee entitled "A memorandum of understanding with the New South Wales Police Force relating to the execution of search warrants on members' premises", tabled on 23 September 2010, and in particular recommendation 1 of the committee: "That the House resolve that the President enter into the 'Memorandum of understanding on the execution of search warrants in the premises of Members of the New South Wales Parliament between the Commissioner of Police, the President of the Legislative Council and the Speaker of the Legislative Assembly' set out in Appendix 9 of this report." 2. That this House authorises the President to enter into a memorandum of understanding with the Commissioner of Police concerning the execution of search warrants on members' offices in the terms set out in Appendix 9 to the report. 3. That a copy of the memorandum of understanding set out in Appendix 9 of the report be transmitted to the Legislative Assembly for its consideration and the Legislative Assembly be invited to pass a similar resolution. Message forwarded to the Legislative Assembly advising it of the resolution. TABLED PAPERS NOT ORDERED TO BE PRINTED The Hon. John Robertson tabled, pursuant to Standing Order 59, a list of all papers tabled in the previous month and not ordered to be printed. GENERAL PURPOSE STANDING COMMITTEE NO. 3 Report: Macedonian Orthodox Church Property Trust Bill 2010 The Hon. John Ajaka tabled report No. 23, entitled "Macedonian Orthodox Church Property Trust Bill 2010", dated October 2010, together with transcripts of evidence, submissions, tabled documents, correspondence and answers to questions taken on notice. Report ordered to be printed on motion by the Hon. John Ajaka. The Hon. JOHN AJAKA [2.45 p.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. John Ajaka and set down as an order of the day for a future day. LEGISLATION REVIEW COMMITTEE Report The Clerk announced the receipt, pursuant to the Legislation Review Act 1987, of the report entitled "Legislation Review Digest No. 13 of 2010", dated 18 October 2010, received out of session and authorised to be printed on 18 October 2010. ALCOHOL LICENSING ENFORCEMENT COMMAND Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 22 September 2010, documents relating to an order for papers regarding the Alcohol Licensing Enforcement Command received on 6 October 2010 from the Director General of the Department of Premier and Cabinet, together with an indexed list of the documents. 26124 LEGISLATIVE COUNCIL 19 October 2010 Production of Documents: Claim of Privilege The Clerk tabled a return identifying those of the documents that are claimed to be privileged and should not be tabled or made public. The Clerk advised that pursuant to standing orders the documents are available for inspection by members of the Legislative Council only. PETITIONS Coogee Bay Hotel Site Petition opposing any redevelopment of the site bounded by Coogee Bay Road and Arden and Vicar Streets under part 3A of the Environmental Planning and Assessment Act 1979, received from the Hon. Don Harwin. Euthanasia Petitions opposing euthanasia legislation and any attempts to legalise or decriminalise the practice of euthanasia, received from Reverend the Hon. Fred Nile, the Hon. Greg Pearce and Reverend the Hon. Dr Gordon Moyes. Adoption Laws Petition requesting that the Parliament reject any proposed legislation or amendments to adoption laws that would take away the fundamental human right of adopted children to be raised by both a mother and a father, received from Reverend the Hon. Dr Gordon Moyes. Religious Education and School Ethics Classes Petition opposing the newly proposed secular humanist ethics course in public schools and calling on the Government to support the cancellation of the ethics course and express its support for scripture classes, received from Reverend the Hon. Fred Nile. Identity Concealment Petition opposing any face covering that conceals the identity of a person and prevents Australia from being an open society, and requesting that the House support the private member's bill of Reverend the Hon. Fred Nile that prohibits within all public areas the wearing of any article of clothing that conceals a person's identity, received from Reverend the Hon. Fred Nile. BUSINESS OF THE HOUSE Withdrawal of Business Private Members' Business item No. 262 outside the Order of Precedence withdrawn on motion by Ms Kate Faehrmann. BUSINESS OF THE HOUSE Postponement of Business Government Business Orders of the Day Nos 1 to 3 inclusive postponed on motion by the Hon. John Hatzistergos. CONSTITUTION AMENDMENT (RECOGNITION OF ABORIGINAL PEOPLE) BILL 2010 Second Reading The Hon. JOHN HATZISTERGOS (Attorney General, Minister for Citizenship, Minister for Regulatory Reform, and Vice-President of the Executive Council) [3.08 p.m.]: I move: That this bill be now read a second time. 19 October 2010 LEGISLATIVE COUNCIL 26125 I seek leave to incorporate the second reading speech in Hansard. Leave granted. I would like to acknowledge that we are on the traditional lands of the Gadigal people. I pay my respect to elders past and present from a range of areas within our community. It is humbling to have this opportunity, the opportunity to put before this House legislation to recognise our first people, our Aboriginal people, in the New South Wales Constitution Act, and it is inspiring. It is inspiring because I do so in confidence that this bill enjoys the support of all members of this House reflecting the goodwill of communities across New South Wales to our intention. Our intention is to provide recognition, recognition that is long overdue. One hundred and eight years after its first passing our Constitution Act will acknowledge the first communities, the first nations, of what is now our State. While noting that this recognition is overdue this Parliament can still take pride in the steps we have already taken to honour and recognise our Aboriginal communities, perhaps most notably in the passage of the Aboriginal Land Rights Act 1983.
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