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Legislative Council Tuesday 19 March 2019

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Legislative Council Tuesday 19 March 2019 Tuesday 19 March 2019 SECOND SESSION OF THE FORTY-NINTH PARLIAMENT The Council met at 11.00 a.m. pursuant to the proclamation of Her Excellency the Governor. The Clerk read the proclamation. OPENING OF PARLIAMENT BY COMMISSIONERS The Commissioners appointed by the Governor, the Honourable Kate Warner AM, the Honourable Jim Wilkinson, the Honourable Leonie Hiscutt and the Honourable Kerry Finch instructed the Black Rod to attend the House of Assembly and request members to attend in the Legislative Council to hear the Governor's Commission for the opening of Parliament. Mr PRESIDENT - Honourable members of the Legislative Council, honourable members of the House of Assembly - Her Excellency the Governor, not thinking fit to be here at this time, has been pleased to cause a Commission under the Seal of State to be prepared for the opening and holding of this Parliament. This will more fully appear by the Letters Patent themselves, which the Clerk of the Council will now read. The Clerk read the Commission. Mr PRESIDENT - Honourable members of the Legislative Council, members of the House of Assembly - We have it in command from Her Excellency the Governor to acquaint you that Her Excellency desires that you take into your earnest consideration such matters as may be submitted to you in this second session of the Forty-Ninth Parliament and I now declare the session open. The members of the House of Assembly withdrew. ACKNOWLEDGMENT OF TRADITIONAL PEOPLE The President, Mr Wilkinson, took the Chair at 11.10 a.m., acknowledged the Mouheneener People and read prayers. [11.11 a.m.] PARTITION BILL (Pro forma) First Reading Bill presented by Mrs Hiscutt and read the first time. 1 19 March 2019 E-PETITION Tasmanian Wilderness World Heritage Area Listing Mr Dean presented an e-petition signed by 582 citizens of Tasmania who requested the Legislative Council reject any bill or any proposal to increase the size of the heritage area and instead conduct an inquiry into the validity of calling the current or proposed area 'wilderness' when in 1981 environmental and heritage experts identified only 926 964 hectares of the state as wilderness. E-petition received. SENATE VACANCY Letter from Governor-General The President informed the Council that Her Excellency the Governor had received a letter from the Governor-General of the Commonwealth of Australia advising that a Senate vacancy had arisen following the resignation of Senator David Bushby on 21 January 2019. Letter read by the President. MOTIONS Joint Sitting - Senate Vacancy [11.20 a.m.] Motion by Mrs Hiscutt agreed to - That on Wednesday 20 March 2019 at 9.30 o'clock in the forenoon, the Legislative Council meet with the House of Assembly in the House of Assembly Chamber for the purpose of sitting and voting together to choose a person to hold a place in the Senate of the Parliament of the Commonwealth of Australia, rendered vacant by the resignation of Senator David Bushby. Motion by Mrs Hiscutt agreed to - That Joint Sitting Rules as distributed to members in the House be adopted as the rules for the joint sitting of both Houses. Motion by Mrs Hiscutt agreed to - That a message be transmitted to the House of Assembly requesting its concurrence therein and that such message contains the proposed rules for the Joint Sitting. 2 19 March 2019 PRESIDENT'S AUTHORITY Presence of Advisers on the Floor of Chamber [11.21 a.m.] Mr PRESIDENT - Honourable members, by my authority I have determined that advisers to the Honourable Leader of the Government be authorised to go onto the Floor of this House for the duration of the Session in order to advise and support that honourable member. SESSIONAL COMMITTEES The following members were appointed to sessional committees - House Committee Mr President, Ms Forrest and Mrs Hiscutt. Joint Library Mr President, Mr Farrell, Mr Finch, Ms Forrest, Ms Rattray and Mr Valentine. MOTIONS Sessional Order - E-Petitions Motion by Mrs Hiscutt agreed to - That the sessional orders relating to e-petitions which were in place in the first session of the Forty-Ninth Parliament be again approved for this session. Sessional Order - Standing Orders 29(2) and 138(2) and (4) Motion by Mrs Hiscutt agreed to - That the following sessional orders apply in lieu of standing orders 29(2) and 138(2) and (4). 29. Adjournment for want of a quorum when notice taken by a member (2) At any time after the Council has proceeded to business if a member notices that seven members including the President or Deputy President are not present and so states the bells shall be rung as for a Division and if a quorum is not present at declaration of four minutes the President shall adjourn the Council without a question first put, until the next ordinary sitting time. 138. After division called - 3 19 March 2019 How Division taken (2) The President will order the division bells to be rung for four minutes. Locking of Doors (4) After the four minutes have expired, or such lesser time at the discretion of the President, he or she will order the doors to be locked and no member will enter or leave the Chamber until after the division. Sessional Order - Standing Order 200 Motion by Mrs Hiscutt agreed to - That the following sessional order apply in lieu of standing order 200 - (1) The evidence taken by any Select Committee of the Council, and documents presented to such Committee, which have not been reported to the Council shall not, unless authorised by the Committee, be referred to in the Council by any Member or published or disclosed by any Member or by any other person. (2) Paragraph (1) does not apply to - (a) Any proceedings of the Committee that are open to the public and the news media; (b) Press releases or statements made by a Member of the committee on the authority of the Committee; and (c) Written submissions presented to a Select Committee and authorised to be published by the Committee. Sessional order - Standing Order 39 - Suspension Motion by Mrs Hiscutt agreed to - That so much of standing order 39 be suspended for the duration of this session to enable special interest matters to be called on each sitting Tuesday before notices of motion and orders of the day are proceeded with. Deputy Chairs of Committees Motion by Mrs Hiscutt agreed to - That the following members be reappointed Deputy Chairs of Committees of the Council - 4 19 March 2019 Ms Rattray, Mr Gaffney and Ms Armitage. Government Administration Sessional Committees A and B [11.26 a.m.] Motion by Ms Forrest agreed to - That Government Administration Sessional Committees A and B be reappointed and that sessional orders 1 to 32 which govern the operation of these two Government Administration Sessional Committees and agreed to in the first session of the Forty-Ninth Parliament continue to have application for this session. Legislative Council Select Committee on Short Stay Accommodation Motion by Ms Armitage agreed to - That the Legislative Council Select Committee on Short Stay Accommodation in Tasmania, appointed on 22 May 2018, with power to send for persons and papers, with leave to sit during any adjournment of the Council, and with leave to adjourn from place to place to inquire into or report upon the short stay accommodation industry in Tasmania, be reappointed; and - That the membership of the committee and its terms of reference be those agreed to in the First Session of the Forty-Ninth Parliament; and - That the minutes of proceedings of, and evidence received by, that committee be referred to the committee. Legislative Council Select Committee on AFL in Tasmania [11.28 a.m.] Motion by Mr Dean agreed to - That the Legislative Council Select Committee on AFL in Tasmania, appointed on 20 November 2018, with power to send for persons and papers, with leave to sit during any adjournment of the Council, and with leave to adjourn from place to place to inquire into and report upon AFL in Tasmania, be reappointed; and - That the membership of the committee and its terms of reference be those agreed to in the First Session of the Forth-Ninth Parliament; and - That the minutes of proceedings of that committee be referred to the committee. 5 19 March 2019 RESUMPTION OF PROCEEDINGS Public Health Amendment (Prevention of Sale of Smoking Products to Under-Age Persons) Bill 2018 (No. 45) Motion by Mr Dean agreed to - That in accordance with standing order 317(1), the Public Health Amendment (Prevention of Sale of Smoking Products to Under-Age Persons) Bill 2018 (No. 45), which lapsed by reason of prorogation on 26 February 2019, be restored to the Notice Paper and be proceeded with as if its passage had not been interrupted by prorogation. STATEMENT BY PRESIDENT Electorate Tours [11.29 a.m.] Mr PRESIDENT - Honourable members, before I call on special interest matters, I thank the member for McIntyre, Ms Rattray, along with her staff, for hosting an electorate tour a few weeks ago. That was followed by the member for Murchison, Ms Forrest, and I thank her for organising what I will call an electorate tour in relation to the fishing industry. Ms Forrest - Not only in my electorate. Mr PRESIDENT - I know it was not only in your electorate, but it was well received by everybody here and I thank you both for doing that. I notice that this Friday the member for Huon is taking us down to the Channel to see Tassal and its workings. SPECIAL INTEREST MATTERS Australian Tourism Awards [11.29 a.m.] Mr FINCH (Rosevears) - Mr President, if there were any doubts about the strength of the Tasmanian tourism industry, they were firmly dispelled in a marquee pitched over one of the biggest swimming pools in my electorate of Rosevears.
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