97
No. 14
MINUTES OF THE PROCEEDINGS
OF THE LEGISLATIVE COUNCIL
SECOND SESSION OF THE FORTY-THIRD PARLIAMENT
THURSDAY, 16 SEPTEMBER, 1971
L The House met pursuant to adjournment The President took the Chair.
Members present-
The Honourable Sir Harry Vincent Budd, President.
The Honourable Harold Daniel Ahern, The Honourable Thomas Sidney McKay, The Honourable Anthony Alexander Alam, B.A., LL.B., The Honourable Evelyn Barron, The Honourable Herbert John McPherson. The Honourable Fred William Bowen, The Honourable James Joseph Maloney, O.B.E., The Honourable Richmond William Many- The Honourable Roger August Alfred Faes weathers. de Bryon-Faes, K.C.H.S., M.A., M.Sc., The Honourable Ralph Benson Marsh, Ph.D. (Temple, Pa)., The Honourable William Thomas Murray, The Honourable Cedric Alan Francis Cahill, The Honourable Lindsay Annan North, Q.C., The Honourable Hubert David O'Connell, The Honourable Cyril Joseph Cahill, The Honourable Robert Clyde Packer, The Honourable James Edward Cahill, The Honourable William Charles Peters, The Honourable Francesco Calabro, The Honourable Frederick Graham PraUen, Colonel the Honourable Sir Hector Joseph B.Sc., Richard Clayton, E.D., B.A., LL.B., The Honourable Anne Elizabeth Press, The Honourable Francis Henry Cockerill, The Honourable Bernard Blomfield Riley, The Honourable Leo 'Paul Connellan, Q.C., The Honourable William Robert Coulter, The Honourable Edna Sirius Roper, The Honourable Margaret Alayne Elizabeth The Honourable Amelia Elizabeth Mary Davis, Rygate, The Honourable Robert Hamilton Erskine, The Honourable Leroy Dudley Serisier, The Honourable Thomas Reginald Erskine, LL.B., M.e., The Honourable Perceval Martin Maurice Major-General the Honourable Stanley Louis Shipton, Mowbray Eskell, E.D., The Honourable Louis Adrian Solomons, The Honourable Richard Kelynack Evans, B.A., LL.B., D.F.C., The Honourable Frank William Spicer, The Honourable Otway McLaurin Falkiner. ' The Honourable Henry Joseph Aloysius The Honourable John Bryan Munro Fuller, Sullivan. The Honourable Mabel Eileen Furley, O.B.E., The Honourable James Norman Thorn, The Honourable John Henry Gardiner, The Honourable Eben Kelvin Edward The Honourable Walter James Geraghty, Vickery, The Honourable Thomas Patrick Gleeson, The Honourable Sir Edward Emerton Warren The Honourable Trevor Everett Gordon, K.C.M.G., K.B.E., M.S.M., R.S.G.C., The Honourable Clive Healey, The Honourable John Alexander Weir, The Honourable Frederick Maclean Hewitt. The Honourable Sir Asher Alexander Joel, Lieutenant-Colonel the Honourable Max O.B.E., Frederick Willis, E.D., LL.B., The Honourable William Geoffrey Keighley, The Honourable Neville Kenneth Wran, M.A. (Oxon), Q.c.
2. PRAYER.
64933 98 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL. (16 September, 1971)
3. ELECTION OF A MEMBER OF THE LEGISLATIVE COUNCIL IN PLACE OF THE HONOUR~ ABLE JOHN CHARLES McINTOSH, DECEASED--TAKING OF THE VOTES OF THE MEMBERS OF THE LEGISLATIVE COUNCIL,--- And it being Eleven a.m., the hour appointed in the Writ dated 18 August, 1971, for the taking of the votes of the Members, the President declared the ballot open, and the taking of the votes of Members thereupon commenced. And it being One p.m., the hour appointed in the Writ for the termination of the taking of the votes at the sitting, the President directed that the doors be locked. The doors having been locked, the President inquired whether there was any Member present who had not yet received a ballot-paper and desired to vote. And there being no such Member desiring to vote, the President directed that the doors be unlocked. And Members who had received their ballot-papers before the hour appointed in the Writ for the termination of the taking of the votes baving completed before that hour the recording of their votes, the President declared the ballot closed. The President left the Chair until 4.30 p.m. sharp. The HOllse resumed. 4. HOUSING INDEMNITIES (AMENDMENT) BILL (Formal Busilless).-On motion of Mr Hewitt read a third time. Whereupon Mr Hewitt moved, That this Bill be returned 'to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled «An Act to further alter the conditions upon which the Treasurer may execute indemnities in respect oj loans for housing purposes by certain institutions; jor this purpose to amend the HOllsing Indemnities Act, 1962; and for purposes connected therewith"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 16 September, 1971. Question put and passed. 5. PORT KEMBLA (FURTHER DEVELOPMENT) BILL (Formal Business) .-On motion of Mr Fuller read a third time. Whereupon Mr Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled "An Act to sanction and provide for the carrying out of certain works at and in connection with the Inner and Outer Harbours at Port Kembla, including dredging and excavating work; to authorise the Minister to negotiate and enter into contracts with the Broken Hill Proprietary Company Limited and other persons; to amend the Public Works Act, 1912; and for purposes connected therewith"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 16 September, 1971. Question put and passed. 99 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (16 September, 1971) 6. PLANT DISEASES (AMENDMENT) BILL (Formal Business) .-On motion of Mr Fuller read a third time. Whereupon Mr Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled "An Act to make further provisions with respect to the .branding or labelling of coverings containing fruit or plants and the grading and packing oj fruit or vegetables; to simplify the procedure for prescribing the treatment of diseases oj plants; to enable the Minister to authorise persons to act as inspectors; to avoid certain doubts; for these and other purposes to amend the Plant Diseases Act, 1924, and the Horticultural Stock and Nurseries Act, 1969; and for pur poses connected therewith"-returns the same to the Legislative Assembly with out amendment. Legis/ative Council Chamber, Sydney, 16 September, 1971. Question put and passed. 7. NEWCASTLE GAS COMPANY LIMITED BILL (Formal Business).-On motion of Mr Fuller read a third ,time. Whereupon Mr Fuller mo¥ed, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKER- The ,Legislative Council having this day agreed to the Bill, intituled "An Act to alter the name :of the body politic and corporate incorporated by the City of Newcastle Gas and Coke Company's Incorporation Act 1866; for that purpose to amend that Act; and for purposes connected therewith" -returns the same to the Legislative Assembly withollt amendment Legislative 90uncil Chamber, Sydney, 16 September, 1971. Question put .and passed. 8. SECOND-HAND DEALERS AND COLLECTORS (AMENDMENT) BILL (Formal Business). On motion of Mr Hewitt read a third time. Whereup"n Mr Hewitt moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled "An Act to require collectors of second-hand goods to keep certain records; to make further provisions relating to the duties of second-hand dealers and collectors; for these and other purposes to amend ,the Second-hand Dealers and Collectors Act, 1906, and the Summary Offences Act, 1970; and for purposes connected therewith'·-returns [he same to ,the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 16 September, 1971. Question put 'and passed. 9. CLOSER SETTLEMENT AND PUBLIC RESERVES FUND (AMENDMENT) BILL (Formal Business).-On motion of Mr Fuller read a third time. Whereupon Mr Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled "An Act to enable grants, loans or advances to be made from the Closer Settlement and Public Reserves Fund in respect of public reserves, whether or not subject to any trust; for this purpose to amend the Closer Settlement and Public Reserves Fund Act, 1970; and for purposes connected therewith"-returns the same to the Leg.islative Assembly without amendment. Legislative Council Chamber, Sydney, 16 September, 1971. Question put 'and passed. 100 MINUTES OF TIlE PROCEEDINGS OF TIlE LEGISLATIVE COUNCIL (16 September, 1971) 10. PUBLIC TRUSTS AND OTHER ACTS (AMENDMENT) BILL (Formal Business). On motion of M~ Fuller read a ,third time. Whereupon Mr Fuller moved, That this Bill be retumed to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled "An Act to confer on the Minister certain powers, authorities, duties and functions Of the Governor under the fublic Trusts Act, 1897, the Commons Regulation Act, 1898, and the Public Parks Act, 1912; to enable the Minister to delegate such powers, authorities, duties and functions; for these and other purposes to amend those Acts; and jor purposes connected therewith"-retums the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 16 September, 1971. Question put 'and passed. 11. TRUSTEES OF SHOW-GROUNDS ENABLING (AMENDMENT) BILL (Formal Business) , On motion .of Mr Fuller read a third time. Whereupon Mr fuller moved, That M'r SPEAKER- The Legislative Council having ,this day agreed to the Bill, intituled "An Act to enable the administration of the Trustees of Show-grounds Enabling Act, 1909, to be transferred from the Minister 'of Agriculture; for this purpose to amend that Act; and for purposes connected therewith"-retums the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 1,6 September, 1971. Question put and passed. 12. MESSAGES FROM THE LEGISLATIVE ASSEMBLy.-The President reported and read the following Messages ,rom the Legislative Assembly: (1) Crown Lands and Other Acts (Amendment) Bill- Mr PRESIDENT- The Legislative Assembly having this day passed a BilI, intituled "An Act to provide for the increase or fixing of the minimum annual rents for leases, permits and occupancies under the Crown Lands Consolidation Act, 1913, the Closer Settlement Acts and certain other Acts; to prescribe the minimum annual interest payment in respect of certain ;conditional purchases; for these and other purposes to amend the Crown Lands Consolidatlon Act, 1913, the Closer Settlement Acts, the Returned Soldiers pettlement Act, 1916, the Prickly pear Act, 1924, the Finances Adjustment Act, 1932, and the Crown Lands and Other Acts (Amendment) Act, 1970; and for purposes connected therewith" p~esents the same to the Legislative Council for its concurrence. Legislative Assembly Chamber, KEVIN ELLIS, Sydney, 16 September, 1971. Speaker. Bill, on motion of :Mr Fuller, :read a first time. Ordered, That the second reading stand an Order of the nay f.or neXJt Sitting Day, and that the Bill, in ·the meantime, be printed. (2) Dentists (Amendment) Bill Mr PRESIDENT- The Legislative Assembly having this day passed a BilI, intituled "An Act to make further prOVision relating to the powers of inspectors, the registra tion of dentists and the authorisation of persons not entitled to registration to practise dentistry in certain cases or to be granted certificates of provisional registration; for these and other purposes to amend the Dentists Act, 1934; and for purposes connected therewith" -presents the same to ,the Legislative Council for its concurrence. Legislative Assembly Chamber, KEVIN ELLIS, Sydney, 16 September, 1971. . Speaker. 101 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (16 September, 1971) Bill, em motion of MT Hewitt, read a first time. Ordered, That the second reading stand an Order of the Day for next Sitting Day, and that the Blll, in the meantime, be printed. 13. PAPERs.-Mr Hewitt laid upon the Table the undermentioned papers: (1) Business Names Act, 1962-Amendment of Regulation 8; Substitution of the Third Schedule to the Regulations. (2) Gaming and Betting Act, 1912-Rules of the Greyhound Racing Control Board-,-Amendment of Rule 12; Substitution of The Schedule. (3) Government Railways Act, 1912-Transport (Division of Functions) Act, 1932- (a) Statement of Contracts quoted for Railways conveyance by exercise of the powers conferred on the Commissioner for Railways by section 24 (3), (4) and (6) for the month of June, 1971. (b) Statement of estimated expenditure in excess of Parliamentary appropri- ation for year ended 30 June, 1971. (4) Income Tax Management Act, 1941-Report of Commissioner of Tax ation for year ended 30 June, 1971, on working of several Taxation Acts covering- (a) Income Tax. (b) Unemployment Relief Tax and Social Services Tax. (c) Special Income Tax and Wages Tax. (5) Law Reform Commission Act, 1967-Report of the Law Reform Com mission for the year ended 30 June, 1971. (6) Local Government Act, 1919- (a) Amendment of Ordinances Nos 18, 26, 42 and 51. (b) Proc1amation- (i) City of Sydney Planning Scheme Ordinance. (ii) Young Planning Scheme Ordinance. (7) Matrimonial Causes Act, 1899-Rule 152H; Amendment of Appendix Part V and Appendix Part II. (8) Police Regulation Act, 1899-Police Rules-Amendment of Sections XX and XVII. (9) Public Works Act, 1,912-Electricity Commission Act, 195D-Notifications of acquisition of land and/or easements for- (a) Armidale-Tenterfield 132Kv transmission line-Shires of Guyra and Severn. (b) Canberra 330Kv substation transmission line outlets-Shires of Yarrow- lumla and Goodradigbee. (c) Liddell Power Station (2)-Shires of Patrick Plains and Denman. (d) Liddell-Sydney West No.1 330Kv transmission line-Shire of Colo. (e) Sydney East-Warringah 132Kv transmission line-Shire of Warringah. (f) Sydney North-Sydney East No.3 330Kv transmission line-Municipality of Ku-ring-gai. (g) Yass-Sydney West 330Kv transmission line-City of Liverpool. (h) Wallerawang-Dubbo (connection to Orange 132Kv substation) 132Kv transmission line-City of Orange. (10) Public Works Act, 1912-Ministry of Transport Act, 1932-Notifications of acquisition of land for- (a) Confirming title of Commissioner for Railways to land acquired and used in connection with authorised line of railway from- (i) Homebush to Waratah at Hornsby-Shire of Hornsby. (ii) Tempe to East Hills at Narwee-Municipality of Hurstville. (b) Maintaining the traffic on the existing line of railway between Sydney and Mungindi by provision of a residence for railway staff at Moree "". " Municipality of Moree. 102 MINUTES OF TIIE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (16 September, 1971) (11) Public Works Act, 1912-State Planning Authority Act, 1963-Notifica tion of acquisition of land for State Planning' Authority purposes at- (a) Horsley Park-Municipality of Fairfield. (b) North Rocks-Shire of Baulkham Kills. (12) Pure Food Act, 1908-Amendment of Regulations 19 and 77. (13) Supreme Court Rules- (a) Barristers Admission Rules-Amendment of Rule 4. (b) Barristers and Solicitors New Examination Rules-Amendment of Rules 22 and 23. (c) Solicitors Admission Rules-Amendment to Rules 4 and 18. (d) The Shortening of Articles Rules-Amendment of Rule 2. (14) Valuation of Land Act, 1916-Amendment of Regulation 3. 14. WINDSOR MUNICIPAL COUNCIL (HOBARTVILLE PUBLIC RESERVE) BILL. M'f Ahern moved, pursuant to Notice, That leave be granted to bring in -a Bill to authorise the Council of the Municipality of Windsor to convey and transfer certain lands within ithe said ·Municipality 'in exchange for certain other lands; to amend the Local Gov:ernmem Act, 1919; and for purposes connected therewith. Question put and passed. Mr Ahern then presented the Bill, "'nd having produced .a certificate that the sum of $50 had been paid ,into the Consolidated Revenue Fund, a Bill, intituled "A Bill fa authorise the Council of the Municipality of Windsor to convey and transfer certain lands within the said Municipality in exchange for certain other lands; to amend the Local Government Act, 1919; and for purposes connected therewith"-read ,a first time. Ordered, That the Bill be printed. Whereupon M.r Ahern moved, pursuant to Contingenrt Notice- (1) That the Windsor Municipal Council (Hobartville Public Reserve) Bill be referred to a Select Committee for consideration and report, with leave to sit during any adjournment of the House ,and power to take evidence and to send fOlI' persons and papers; to make visits of inspection to such areas as the Com mittee may deem expedient and, if necessary, take evidence thereat. (2) That such Committee consist of the following Members, viz.-Mr J. E. Cahill, Mr Falkiner, Mr Healey, Mor Murray, Mr Riley, Mr Solomons, Mr Sullivan, Mr Thorn, Sir Edward Warren and the Mover. Question put and passed. 15. SUPPLY BILL.-The President reported and read the foIlowing Message from the Legislative Assembly: Mr PRESIDENT- The Legislative Assembly having this day passed a Bill, intituled "An Act to' apply certain sums out of the Consolidated Revenue Fund, the Govern ment Railways Fund, the Government Railways Renewals Fund, the Road Transport and Traffic Fund, the Metropolitan Transport Trust General Fund. the Newcastle and District Transport Trust General Fund, the Maritime Services Board Fund and the Maritime Services Board Renewals Fund, towards the services oj the Year 1971-1972"-presents the same to the Legislative Council for its conCU!ITenee. Legislative Assembly Chamber, KEVIN ELLIS, Sydney, 16 September, 1971. Speaker. BiH, .on motion of Mr Fuller, read a first time. Ordered, That the second reading stand an Order of the Day for next Sitting Day, -and that the Bill, in the meantime, be prinrted. 16. AID TO FARMERS-RURAL FINANCIAL AGENCY.-Mr Solomons moved, pursuant to Notice, That in view of the fact that there is a wide spectrum of farmers whose present financial position falls outside the amba of the present Rural Reconstruction Scheme, -and in view of the fact that long-term -low-interest fi'nance is ne.cessary to this and all other sections of .the -rural community, this House requests the Government to ask -the Commonwealth to consider 'as a matter of urgency the setting up of a special financial agency within the present 103 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (16 September, 1971) banlcing structure for these -and other purposes, including the provision of carrying-on finance where the same is not otherwise ,available and the funding of debts lof maTginal producers and the protection if possible of their equity in their properties. Motion made (Mr McPherson) and Question-That the Debate of the Ques tion be adjourned until next Sitting Day-put and passed. 17. SPECIAL ADJOURNMENT,- (1) Mr Fuller moved, That this House, at its rising To-day, do 'adjourn until Tuesday next. Question put and passed. (2) Mr Fuller moved, That this House do now adjourn. Question put and passed. The House adjourned accordingly, at Twenty minutes after Six p.m., until Tuesday, 21 September, 1971 at Four p.m. A. W. SAXON, Clerk of the Parliaments. NOTICES OF QUESTIONS AND MOTIONS AND ORDERS OF THE DAY TUESDAY, 21 SEPTEMBER, 1971 QUESTIONS: 1. Mr Healey to ask THE VICE-PRESIDENT OF THE EXECUTIVE COUNCIL (25 August, 1971)- (I) Does ,the Fisheries Department intend to remove all fish from the legal length list, ·and if S0, when? (2) Was the decision to lift the legal linili on mulloway based largely on a report bya departmental biologist? Will the Minister make public the recom mendmtions made by the biologist? (3) When did the biologist in question make a detMled study of the life cycle of the mulloway which enabled him ,to reach .the conclusion that no purpose could be served by retaining 'a .Jegal size limit? (4) When the decision was made to lift the legal size limit last year on tMler and kingfish, were similar studies made of these fish? (5) If so, will the Minister make this information, or a precis of the biologist's findings, public? (6) Is it not true that ,the Director of St'Me Fisheries, Dr D. Francois, believes that legal size HmLts serve no real useful purpose? (7) Do 'amendments currently being made to the Fisheries ,and Oyster Farms Aot, 1935, provide for the :introduotion of a sal,twater fishing license for 'amateur fishermen? (8) Will .the Minister also make ,avaHable a complete Est of recommend (10) Has tlle Minister issued illstrructions .\'0 1he Advisory Council 1haJ! lts members must not discuss ma1Jters before 2. Mr Healey to ask THE VICE-PRESIDENT OF THE EXECUTIVE COUNCIL (25 August, 1971)- (1) Does the Kendall Mining Company propose to mine Kaolin in the South west Rocks area? (2) Does the proposed mining area extend into ,the South West Rocks village? (3) Is it the intention of GOVERNMENT BUSINESS-ORDERS OF THE DAY: 1. Pay-roll Tax Bill; resumption of the adjourned Debate of the Question, on the motion of Mr Fuller, "That this Bill be now read: a second time". [Mr Serisier.] 2. Coal Industry (Amendment) Bill; second reading. [Mr Hewitt.] 3. Commercial Agents and Private Inquiry Agents (Amendment) Bill; :second reading. [Mr Hewitt.] 4. National Parks and Wildlife (Amendment) Bill; second 'reading. [Mr Fuller.] 5. Crown Lands and Other Acts (Amendment) Bill; second reading. [Mr Fuller.] 6. Dentists (Amendment) Bill; second reading. [M,. Hewitt.] 7. Supply BiU; second reading. [Mr Fuller.] GENERAL BUSINESS-ORDER OF THE DAY: 1. Resumption of the adjourned Debate of the Question, on the motion of M:r Solomons-That -in view of the fact thart there is a wide spectrum of farmers whose preseTiit financial posit,ion falls Qut:side the ambit of the present Rural Reconstruction Scheme, and :in view of the fact that long·term low-interest finance is necessary to this and all other sections of the' rural community, this House' requests the Government to ask the Commonwealth to cons-ider as a matter of urgency the setting up of a special ·financial agency withjn the present banking structure for these and other purposes, including the provision. of carrying-on final£lce where the same is not otherwise available and the funding of debts of marginal producers and the protection :if possible of theiT equity in their prope,rties. [Mr McPherson.] BY AUTIlORITY: V. C. N. BLIGHT, GOVERNMENT PRINTER, NEW SOUTII WALES-1971