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Legislative Council- PROOF Page 1 Tuesday, 31 May 2016 Legislative Council- PROOF Page 1 LEGISLATIVE COUNCIL Tuesday, 31 May 2016 The PRESIDENT (The Hon. Donald Thomas Harwin) took the chair at 14:30. The PRESIDENT read the prayer and acknowledged the Gadigal clan of the Eora nation and its elders and thanked them for their custodianship of this land. Bills FINES AMENDMENT BILL 2016 STATE REVENUE LEGISLATION AMENDMENT BILL 2016 CRIMES (SERIOUS CRIME PREVENTION ORDERS) BILL 2016 CRIMINAL LEGISLATION AMENDMENT (ORGANISED CRIME AND PUBLIC SAFETY) BILL 2016 Assent The PRESIDENT: I report receipt of messages from the Governor notifying His Excellency's assent to the abovementioned bills. Announcements CENTENARY OF FIRST WORLD WAR The PRESIDENT (14:32): The centenary of the Battle of Jutland, which took place on 31 May to 1 June 1916, allows a brief reflection on the role of the Royal Australian Navy during the Great War. At the outbreak of war, the Royal Australian Navy was, by proclamation of the Governor-General, transferred to the control of the Royal Navy. Our fleet consisted of 16 ships and two submarines with a total of 3,800 personnel. Those two subs, AE1 and AE2, both had notable roles in the war. AE1 was lost off Rabaul as part of Australia's first engagement of the war; the hunt for it remains to this very day. AE2 played a vital and indeed perhaps pivotal role in the Gallipoli campaign. She too was lost—indeed the two submarines were the only capital losses of the fleet. HMAS Sydney achieved fame as the destroyer of the notable German raider the Emden in the great battle of Cocos and was present at the surrender of the German High Seas Fleet in 1918. HMAS Pioneer played a significant role in one of the lesser known theatres of war—that against the German Empire in East Africa. By the end of the war our fleet had grown to a complement of 37 with 5,000 personnel and had seen action in the Atlantic, Pacific and Indian oceans. There were only 108 deaths among naval personnel, twice as many from the Spanish flu of 1918 as from enemy action. There was no Australian involvement in the Battle of Jutland—itself the greatest naval engagement of the entire war and the only clash of full battleships. Over two days of intense fighting both sides withdrew from what proved to be an indecisive conflict. Nevertheless casualties were great. The British fleet lost 14 vessels of the 151 involved and 6,784 lives while the Germans lost 11 of 99 ships and suffered 3,039 casualties. Four Victoria Crosses were awarded following this mighty engagement. Although indecisive in outcome, the failure of the Germans to break the stranglehold of the British naval blockade of the Baltic and North Atlantic in which many Australian ships participated was a major factor in leading to the eventual defeat of the German Empire. Interestingly, the most decorated unit of the Royal Australian Navy was the Royal Australian Navy Bridging Team, a land-based unit mainly of reservists who were responsible for the ship-to-shore transfer of men and material, who distinguished themselves at Suvla Bay and were the last unit evacuated from Gallipoli. Lest we forget. Documents OMBUDSMAN Reports The PRESIDENT: According to the Ombudsman Act 1974, I table a special report of the Ombudsman entitled "Fostering economic development for Aboriginal people in NSW", dated May 2016. Under the Act the report has been authorised to be made public. Tuesday, 31 May 2016 Legislative Council- PROOF Page 2 The Hon. DUNCAN GAY (Minister for Roads, Maritime and Freight, and Vice-President of the Executive Council) (14:36): I move: That the report be printed. Motion agreed to. TABLING OF PAPERS The Hon. NIALL BLAIR (Minister for Primary Industries, and Minister for Lands and Water) (14:37): I table the following report: Annual Reports (Statutory Bodies) Act 1984—Report of the Technical Education Trust Funds for the year ended 31 December 2015 I move: That the report be printed. Motion agreed to. Committees LEGISLATION REVIEW COMMITTEE Reports The Hon. GREG PEARCE (14:37): I table the report of the Legislation Review Committee entitled "Legislation Review Digest No. 19/56", dated 31 May 2016. I move: That the report be printed. Motion agreed to. Documents AUDITOR-GENERAL Reports The CLERK: According to the Public Finance and Audit Act 1983, I announce receipt of a performance audit report of the Auditor-General entitled "Early childhood education: Department of Education", dated May 2016. Under the Act the report has been authorised to be printed. Business of the House POSTPONEMENT OF BUSINESS The Hon. DUNCAN GAY (Minister for Roads, Maritime and Freight, and Vice-President of the Executive Council) (14:47): I move: That Government Business Orders of the Day Nos 2 and 4 be postponed until a later hour of the sitting. Motion agreed to. Committees PROCEDURE COMMITTEE Membership The PRESIDENT (14:48): I inform the House that on 30 May 2016 the Clerk received advice that Dr Mehreen Faruqi would replace Dr John Kaye as a crossbench member of the Procedure Committee. Business of the House ORDER OF BUSINESS The Hon. DUNCAN GAY (Minister for Roads, Maritime and Freight, and Vice-President of the Executive Council) (14:49): I move: That Government Business take precedence of debate on committee reports this day. Motion agreed to. Tuesday, 31 May 2016 Legislative Council- PROOF Page 3 Bills MARINE LEGISLATION AMENDMENT BILL 2016 First Reading Bill introduced, and read a first time and ordered to be printed on motion by the Hon. Duncan Gay. The Hon. DUNCAN GAY (Minister for Roads, Maritime and Freight, and Vice-President of the Executive Council) (14:49): I move: That this bill be declared an urgent bill. Motion agreed to. Second Reading The Hon. DUNCAN GAY (Minister for Roads, Maritime and Freight, and Vice-President of the Executive Council) (14:50): I move: That this bill be now read a second time. The main purpose of the Marine Legislation Amendment Bill 2016 is to improve enforcement, to help protect the safety and amenity of our waterways, and to further consolidate marine legislation. The bill expands the objects of the Marine Safety Act "to provide an effective framework for enforcement". It also introduces new provisions aligned with existing road safety legislation covering dangerous and menacing "hoon" behaviour by some vessel operators; camera recording and detection of serious offences such as speeding; and drug and alcohol testing, penalties and disqualification periods. A range of other improvements identified through the 2014 Review of the Marine Safety Act are also included, and the bill further consolidates marine legislation and enables the repeal the legacy Maritime Services Act 1935. I will now turn to the detail of the bill. New South Wales has outstanding waterways for everyone to enjoy and share—whether they are boating, swimming, sailing, fishing, water skiing or wakeboarding, paddling, jet skiing or just plain relaxing on the beach or riverbank. Most of the State's half a million licensed boaters operate safely, responsibly and with regard to the amenity of other people. These people appreciate and listen to our safety messages. Lifejacket wearing is up and fatalities and serious injuries are trending down—while the number of licenced boaters and registered vessels continues to grow. Let me say to boaters who are safe and considerate, who do not speed or menace, or unreasonably interfere with others out on the water, who maintain a safe distance, stay under the legal alcohol limit, and do not operate a boat while affected by drugs, this bill is only good news for you. This is because this bill aims to better protect you, your family and friends on the water by better targeting those who willingly break the law. Unfortunately, a rogue element of jet skiers believe the rules do not apply to them and they can do what they like on the water. They have no regard for the safety and amenity of other people—the objects of the Marine Safety Act. These riders are clearly not getting the message—slow down, keep a safe distance and show respect for other boaters and water users. Community concerns about the antisocial and menacing behaviour of some jet ski riders, including in southern Sydney, are longstanding and growing. So too are jet ski registrations, at the rate of 10 per cent per annum. I have had representations from State and Federal members of Parliament, other boaters and residents; and I have answered questions in this House on this issue from Opposition and cross bench members—the Hon. Lynda Voltz and the Hon. Robert Brown. The Botany Bay, Georges River and Port Hacking Regional Boating Plan was finalised in early 2015 with local council, boating stakeholder and waterway user inputs. It found that "personal water craft [PWC] were involved in a high percentage of incidents and also attributed to a large percentage of safety issues". The plan calls for action "to improve user behaviour and safe boating practices, particularly amongst PWC users", as have earlier plans. Transport for NSW and Roads and Maritime Services [RMS] staff have been working closely with industry advocates and boating organisations over many years on targeted education programs, including the "ride right" campaign to help improve on-water behaviour. These efforts have helped and are to be commended. In fact, Peter Hunter, an advocate for PWC riders and recreational vessel advisory group representative, was awarded the maritime medal last year for his longstanding efforts. But even responsible riders know there is much more work to do, and I know many jet ski riders are as affronted by hoon behaviour as the rest of us.
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