307

No. 44

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

TIDRD SESSION OF THE FORTY-FOURTH PARLIAMENT

THURSDAY, 18 MARCH, 1976

1. The House met pursuant to adjournment. The President took the Chair.

M em!Jers present-

The Honourable Sir ~arry Vincent Bu~d, _P~esident. The Honourable Kathleen Harris Anderson, The Honourable William Geoffrey Keighley, The. Honourable ,Evelyn Barron, M.A. (Oxon), . 'The: Honourable Fred· - William Bowen, The Honourable James William Kennedy, O.B.E., . The Honourable David Paul Landa, ll.B., The Honourable Roger August Alfred Faes The Honourable William Lloyd Lange, de Bryon-Faes, G.O.H.s., M.A., M.Sc., The Honourable Florence Violet Lloyd, Ph.D. (Temple, Pa), . The· Honourable Thomas Sidney McKay, The Honourable James Edward Cahill, B.A., LL.B., The Honourable Francesco Calabro, The Honourable Peter McMahon, The Honourable William Robert Coulter, The Honourable Herbert John McPherson, The Honourable Margaret Alayne Elizabeth The Honourable Richmond William Many- '- Davis, weathers, The Hoiiounlble John Patrick Ducker, The Honourable Ralph Benson Marsh, The' Honourable Thomas Reginald Erskine, O.B.E., M.C., The Honourable Robert Gavin Melville, The Honourable Stanley Louis Mowbray The Honourable Douglas Frederick Moppet!, Eskell, E.D., B.Sc.Agr., The. Honourable Richard Kelynack Evans, The Honourable William Charles Peters, D.F.C., The Honourable Anne Elizabeth Press, The Honourable Otway McLaurin Falkiner, The Honourable Edna Sirius Roper, The Honourable Derek David Freeman, The Honourable Amelia Elizabeth· Mary B.D.S., D.D.S. (Toronto), L.D.S. Rygate, . (Ontario), F.I.C.D., F.R.A.C.D.8., The Honourable Waiter Robert Scott~ F.A.C.D., The Honourable Leroy Dudley Serisier, The Honourable Henry Bernard French, LL.B., The Honourable Sir John Bryan Munro The Honourable Robert Baron. Rowland Fuller, Smith, The Honourable Mabel Eileen Furley, The Honourable Louis Adrian So~omons, O.B.E., B.A., LL.B., The Honourable Walter James Geraghty, The Honourable Henry Joseph Aloysius The Honourable Clive Healey, Sullivan, The Honourable James Norman Thom, The' Honourable Frederick Maclean Hewitt, The Honourable Sir Edward Emerton Warren, Major . the Honourable Edward Harris K.C.M.G., K.B.E., M.S.M., O.M.8.T., Humphries, R.S.G.C., The Honourable Sir Asher Alexander Joel, Lieutenant-Colonel the Honourable Max K.B.E., Frederick Willis, B.D., LL.B.

2. PRAYER.

7463 308 MINUTES OF THE PROCEEDINGS OF THE LEGISLATNE COUNCIL (18 March, 1976)

3. MESSAGES FROM THE LEGISLATIVE ASSEMBLY.-The President reported and read the following Messages from the Legislative Assembly:

(1) Commonwealth of Australia Constitution Convention-

Mr PRESIDENT- The Legislative Assembly desires to acquaint the Legislative Councll that it agreed, on 17 March, 1976, to the following Resolutions- "(1) That Mr lohn Clarkson Maddison shall be and is hereby appointed in the place of Sir , for the purposes of paragraph (8) of the resolution of the Legislative Assembly of 23 March, 1972, as one of the two Joint Managers of the members of the Legislative Assembly appointed as delegates to the ·Convention to review the Commonwealth Constitution. (2) That Mr William Peter Coleman be appointed in the place of Mr Thomas Lancelot Lewis as a member of the Legislative Assembly to serve as an appointed member of the Delegation from the Parliament of to the Convention abovementioned." Legislative Assembly Chamber, JIM CAMERON, Sydney, 18 March, 1976. Speaker.

(2) Church of England Constitutions (Amendment) Bill-

Mr PRESIDENT- The Legislative Assembly having this day passed a Bill, intituled "An Act to amend the Church of England Constitutions Act Amendment Act of 1902"­ . : .. presents the. saine to the Legislative Council for its concurrence. Le.gislative Assembly Chamber, JIM CAMERON, Sydney, 18 March, 1976. . Speaker. Bill, on motion of Sir John 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 printed.

(3) Anglican Church of Australia Bill-

Mr PRESIDENT- The Legislative Assembly having this day passed a Bill, intitaled "An Act to change to 'Anglican Church of Australia' the name of the Church of England in AustralidJ-presents the same to the Legislative Council for its concurrence. Legislative Assembly Chamber, JIM CAMERON, Sydney, 18 March, 1976. Speaker. Bill, on motion of Sir John Fuller, read a first time.

Ord~red, That the second reading stand an Order of the Day for next Sitting Day, and that the Bill, in the meantime, be printed.

(4) Statute Law Revision Bill­ Mr PRESIDENT- The Legislative Assembly having this day passed a Bill, intituled "An Act to promote the revision of the statute law by repealing enactments which· have ceased to be in force or have become unnecessary"-presents the same to the Legislative Council for its concurrence. Legislative Assembly Chamber, JIM CAMERON, SydneY, 18 March, 1976. Speaker. Bill, on motion of Sir John 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 printed. . ,':,:,' 309 M1NUfES OF TIlE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (18 March, 1976)

4. EVIDENCE (AMENDMENT) BILL (Formal Business).--On motion of Mr Hewitt, read a third tme. Whereupon Mr Hewitt moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKER- The Legislative Council haviog this day agreed to the Bill, iotituled "An Act to amend the Evidence Act, 1898, to make business records admissible as evidence in all proceedings"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed.

5. STRATA TITLES (AMENDMENT) BILL (Formal Business).-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 haviog this day agreed to the Bill; iotituled "An Act to amend the Strata Titles Act, 1973"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed.

6. MrNES INSPECTION (AMENDMENT) BILL (Formal Busines>s).-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 amend the Mines Inspection Act, 1901, in connection with the employ~ men! of women in or about mines, to enable persons to be trained in -'the U~e 0/ explosives and to amend that Act in certain other respecfsU-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed.

7. PASTURBSPROTECTION (AMENDMENT) BILL (Formal Business).-Onmotion of Sir John Fuller, read a third time. Whereupon Sir John Fuller moved, That this Bill be returned to the Legislative Assembly with the followiog Message: Mr SPEAKER- The Legislative Council having this day agreed to the Bill, intituled "An Act to amend the Pastures Protection Act, 1934, in relation to noxious animals, travelling stock, pastures protection boards, penalties for- offences and other matters dealt with in that Act; and to validate certain matters"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed. 310 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (18 March, 1976)

Ii. PORT MACQUARIE ENTRANCE IMPROVEMENT WORKS BILL (Formal Rusiness).­ On motion of Sir John Fuller, read a third time.

Whereupon Sir John Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message:

Mr· SPEAKBR~ The Legislative Council having this day agreed to the Bill, intituled "An Act to sanction and provide for the carrying out of certain works jor the con­ ~truction of a breakwater at the Port Macquarie Entrance; to empower the Minister to carry out the works; and to apply the Public Works Act, 1912, with certain modifications, to the works"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed.

9. SYDNEY SPORTS GROUND AND SYDNEY CRICKET GROUND AMALGAMATION- (AMEND­ MENT) BILL (Formal Rusiness).-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 SPEAKBR- The Legislative Council having this day agreed to the Bill, intituled "An Act to amend the Sydney Sports Ground and Sydney Cricket Ground Amalga­ mation Act, 1951, so as to empower the trustees of the amalgamated areas to make rules and regulations regulating or. prohibiting the' entry of persons on lands under the control of the trustees without the authority of the trustees and impooing a penalty on a person who contravenes any 'such rules and regulations" -returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed.

10. CATTLE COMPENSATION (AMENDMENT) BILL (Formal Rusiness).-On motion of Sir John Fuller, read a third time. Whereupon Sir John Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKBR- The Legislative Council having this day agreed to the Bill, intituled "An Act to amend the Cattle Compensation Act, 1951, for the purpose of limiting the compensation payable to ownerJl of cattle destroyed as suffering from bovine brucellosis"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed.

'c 11: IruuGATION (AMENDMENT) BILL (Formal Rusiness).-On motion of ·Sif"·John Fuller, read a third time.

Whereupon Sir John Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message: Mr SPEAKBR- The Legislative Council having this day agreed to the Bill, intituled "An Act to increase the interest rate on certain debts payable under the irrigation Act, 1912, and the Irrigation (Amendment) Act, 1941; and to exclude the operation of section 3 of the Finances Adjustment Act, 1932, in respect of such of those debts as are payable under the Irrigation Act, 1912"-returns the same to the Legislative Assembly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed. 311 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCll. (18 March, 1976)

12. WATER (AMENDMENT) BILL (Formal Business).-On motion of Sir John J1Wl~r, read a third time.

Wheteupoll Sir J obo Fuller moved, That this Bill be returned to the Legislative Assembly with the following Message: . . . .

Mr SPBAKBR- The Legislative Council has this day agreed to the Bill, returned herewith, . intituled "An Act to increase the interest rate on certain debts payable-'-under the Water Act, 1912; to make charges for additional water delivered under that Act to any land a charge upon the land; 'and to authorise the Water Conservation and Irrigation Commission to refuse to deliver, or to discontinue the delivery oj, water to any land if certain rates or charges are unpaidu-with the amend­ ments, iocludiog an amendment io the Title, iodicated by the accompanyiog . Schedule, io which amendments the Council requests the concurrence of the Legishitive Assembly.

! ' • ••. Legislative Council Chamber, Sydney, 18 March, 1976 .

. WATER (AMENDMENT) BILL

Schedule of the amendments referred to in Message of 18 March, 1976.

A. W.SAXON, Clerk of the Parliaments.

No. l.-Page 5, Schedule 1, lines 18 to 21 ioclusive. Omit all words on these lines.

No. 2.-Page 6, Schedule 1, line 8. Omit "(6)" insert "(5)".

No. 3.-Page 7, Schedule 1, line 14. Omit "(7)" insert "(6)".

No. 4.-Page 1, Title. Omit- u; and to authorise the Water Conservation and Irrigation Commission to refuse to deliver" or to discontinue the delivery of, water to any land if certain rates or charges are unpaid". Examioed, RICHARD K. EVANS, Temporary Chairman of Committees. Question put and passed.

13. RIvERS AND FORESHORES IMPROVEMENT (AMENDMENT) BILL (Formal Business). -On motion of Sir Jobo Fuller, read a third time.

Whereupon Sir J obo Fuller moved, That this Bill be returned to the Legislative Assembly with the followiog Message: Mr SPEAKER'-: The Legislative Council haviog this day agreed to the Bill, intituled "An Act to increase the interest rate on certain debts payable under the Rivers and Foreshores Improvement Act, 1948"-returns the same to the Legislative Assem­ bly without amendment. Legislative Council Chamber, Sydney, 18 March, 1976. Question put and passed. 312 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (18 March, 1976)

14. PAPBRS.~Mr Hewitt laid upon the Table the undermentioned Papers: .

(1) Argentine Ant Eradication Act, 1962-Regulation 1A; Amendment of . Regulation 3.

(2) Australian Jockey Club Act, l873-Substitution of By-law XN;

(3) Crown Lands Consolidation Act, 1913- (a) Proposals (12) under section 25 for revocation of land dedicated and/or granted under section 24. (b) Abstract of Crown lands intended to be added to eXisting dedication under section 24. (c) Notification reserving land for public recreation and enjoyment as part of Mookerawa State Recreation Area-Shireof Wellington. .

(4) Lotteries and Art Unions Act, 1901-Balance-sheets of Art Unions in aid of- Aid Retarded Persons N.S.W. Goulburn Branch. Australian Council for Overseas Aid Indo-China Vietnam Appeal. Australian Dmze Community N.S.W. Australian Postal Institute, N.S.W. Division. Benevolent Society of N.S.W. (2). Carnival of the Pines Committee. Castle Hill and Hills District Agricultural Society. Chatswood-Willoughby R.S.L. Youth Club. Children's Wards, Camperdown Childrens, St Vincents and Bathurst district • Hospitals. City of Wollongong Aerial Patrol. Civilian Maimed and Limbless Association (2). Crookwell Rugby League Football Club Injured Players Fund. Cystic Fibrosis Association of Australia (2). De La Salle College, Kingsgrove. Dubho Base Hospital for purchase of a Foetal Heart MOIiitoring Unit. Dubbo Catholic Schools Parents and Friends for Dubbo Catholic Schools. Forster Tuncurry Apex Club in association with Oyster Festival Committee. Foundation 41 (2). Gilgandra District Ambulance Service. Goulburn District Ambulance. Griffith & District Police-Citizens Boys' Club· (2j. Kogarah R.s.L. Youth Club (2). Lady Mayoress' Relief Fund. Leeton District Hospital. Lions Club of Parramatta for Rescue Van Appeal and other community projects. Lions Club of Tea Gardens. Lions International Darwin Appeal. Loreto Convent Normanhurst Sports Fund: Marist Missions of the Pacific and Japan. Mater Misericordiae Hospital, North Sydney. Mid-Western District Ambulance (2). Multiple Sclerosis Association of Australia (2). National Heart Foundation of N.s.W. National 9 Network News Ltd Darwin Appeal. N.s.W. Ambulance Board (Bourke District). New South Wales Police Gliding Club. Northern Slopes District Ambulance Service. Nowra Sporting Complex .. Pappinbarra Field Stndies Centre Trust. Prince Henry Hospital. . . Project Concern Australia's hospital at Bali, Indonesia. . " - Psychiatric Rehabilitation Association (2) . Rotary Club of Dubbo West Service Account. Rotary Club of Kogarah (2). Rotary Club of Parramatta. Royal N.S.W. Institute for Deaf and Blind Children (3). Royal Society for the Prevention of Cruelty to Animals-Newcastle Branch. Ryde R.S.L. Youth Club and Ryde R.S.L. Sub-Branch Welfare. St Anne's Home of Compassion. 313 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (18 March, 1976)

St Francis Xavier's Primary School, Wollongong. St Gabriel's School for the Deaf, Castle Hill, St Lucy's School for Blind Children, Wahroonga and Villa Via for Blind Youth Association (2). St Joseph's School, Belmore. St Nicholas' Antioch Orthodox Church. St Patrick's Parish Schools. St Vincent's Hospital. Shoalhaven District Ambulance Service (2). Spastic Centre of New South Wales (12). Sunnyfield Association (2). Sydney Birthright & NADOW. Sydney Cove Waterfront Museum . .Tamworth and District Social Service Council. Trundle War Memorial School of Arts Hall. Tweed-Coolangatta Air-Sea Rescue Organisation. War Veterans' Home. Warialda Rugby League Injured Players Fund. Westmead Boys' Home. Wheelchair and Disabled Association of Australia (3). Wollumbin District Scout Association. World Cup and Olympic Ski Teams. Yalbillinga Special School for Handicapped Children. Youth Centre Tarren Point. (5) Public Works Act, 1912-Ministry of Transport Act, 1932-City and Suburban Electric Railways Act, 1915-Notification of acquisition of easement for underground cables at Observatory Hill. (6) Stock Diseases Act, 1923---Stock Diseases Regulations, 1936-Forrns 16A, 16B; Amendment of Regulation I; Omission of Part XlXA; Substitution of Part XIX, Forms 17, 18. (7) Valuation of Land Act, 1916-Amendment of Regulation 3. (8) Water Act, 1912-Regulations under Part II-Amendment of Regulations 9, 12, 42, First to Twelfth, Fourteenth, Nineteenth to Twenty-second, Twenty­ seventh to Thirty-first Schedules-conversion of references to metric measure-­ ment.

15. PRINTING COMMrrTEE.-Mr Manyweathers, as Chairman, brought up the Sixth Report from the Printing Committee. Ordered to be printed.

16. CITY OF GOULBURN GAS AND COKE COMPANY'S (AMENDMENT) BILL.- .(1) Upon the Order of the Day being read Mr Lange moved, That this Bill be now read a second time. Question put and passed. Bill read a second time. (2) On motion of Mr Lange, the President left the Chair and the House resolved itself into a Committee of the Whole for consideration of this Bill. The. Chairman having reported the Bill without amendment- The House adopted the Report. Ordered, That the third reading stand an Order of the Day for next Sitting Day.

17. REGISTERED CLUBS BILL.- (I) Upon the Order of the Day being read Mr Hewitt moved, That this Bill be now read a second time. Debate ensued. Motion made (Mr Landa) and Question-That this Debate be now adjourned until next Sitting Day-put and passed. 314 MINUTES OF THE PROCEEDINGS OF THE LEGISLATNE COUNCIL (18 March, 1976)

18. MESSAGES FROM THE LEGISLATIVE ASSEMBLY.-The Deputy President reported . and read the following Messages from the Legislative Assembly:

(1) Builders Licensing (Amendment) Bill- Mr PRESIDENT- The Legislative Assembly having this day passed a Bill, intituled "An Act to amend the Builders Licensing Act, 1971, so as to provide for the licensing oj persons carrying out certain work in the building industry and with re~pect to the insurance oj building work, the making of rectification orders and other matters; and to validate certain matters"-presents the same to the Legislative Council for its concurrence. Legislative Assembly Chamber, JIM CAMERON, Sydney, 18 March, 1976. Speaker. Bill, on motion of Mr Hewitt, 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 printed.

(2) Business Franchise Licences (Petroleum) Amendment and Repeal Bill­ Mr PRESIDENT- The Legislative Assembly having this day passed a Bill, intituled "An Act to amend the Busines& Franchise Licences (Petroleum) Act, 1974, in relation to certain licences issued under that Act; and to provide for the repeal of that Act and the Business Franchise Licences (Petroleum) Amendment Act, 1975"-presents the same to the Legislative Council for its concurrence. Legislative Assembly Chamber, JIM CAMERON, Sydney, 18 March, 1976. Speaker. Bill, on motion of Sir John 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 printed.

19. SPECIAL AoJOURNMENT.-

(1) Sir John Fuller moved, That this House at its rising today do adjourn until . Tuesday next. . Question put and passed. (2) Sir John Fuller then moved, That this House do now adjourn. Question put and passed.

The House adjourned accordingly, at Three minutes before Five p.m., until Tuesday, 23 March, 1976, at Four p.m. A. W. SAXON, Clerk of the Parliaments.

NOTICES OF QUESTIONS AND MOTIONS AND ORDERS OF THE nAy

TuESDAY, 23 MARCH, 1976

QUESTION: 1. Mr Smith to ask THE VICE-PRESIDENT OF THE EXECUTIVE COUNCIL (24 February, 1976)-- .

(1) Is it a fact that during a recent interview, reported in the Financial Review of 5 February, 1976, the Leader of the Opposition in another place stated that a Labor Government would put an end to the subsidising of freight forwarders by public transport passeugers? 315 MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL (18 March, 1976)

(2) If this is a fact, would the Minister advise what effect this action couId have on the price of essential foodstuffs grown in country areas, such as fruits, vegetables and grains, paid by people living in the metropolitan areas of Sydney, Newcastle and Wollongong?

(3) What effect could this desubsidising have on the future establishment of manufacturing industries in decentralised parts of New South Wales?

CONTINGENT NOTICES OF MOTIONS: Sir John Fuller to move-contingent on any of the undermentioned Bills being presented by the Legislative Assembly to the Legislative Council for its concurrence and having been read by the Council the first time-That so much of the Standing Orders be suspended as would preclude the passing of the Bill through all its remaining stages during the present or anyone sitting of the House: Macquarie University (Amendment) Bill Sancta Sophia College Incorporation (Amendment) Bill University and University Colleges (Amendment) Bill University of New England (Amendment) Bill University of New South Wales (Amendment) Bill University of Newcastle (Amendment) Bill University of Wollongong (Amendment) Bill

[Notice given at 4.40 p.m., Wednesday, 25 February, 1976.]

GOVERNMENT BUSINESS-ORDERS OF THE DAY:

1. Registered Clubs Bill; resumption of the adjourned Debate of the Question, on the motion of Mr Hewitt, "That this Bill be now read a second time." [Mr Landa.] [Standing Orders suspended for remaining stages, Thursday, 18 March, 1976, a.m.] 2. Church of England Constitutions (Amendment) Bill; second reading. [Sir John Fuller.] 3. Anglican Church of Australia Bill; second reading. [Sir John Fuller.] 4. Builders Licensing (Amendment) Bill; second reading. [Mr Hewitt.] 5. Business Franchise Licences (Petroleum) Amendment and Repeal Bill; second reading. [Sir John Fuller.] 6. Second-hand Dealers and Collectors (Amendment) Bill; second reading. [Mr Hewitt.] 7. Farmers' Relief (Amendment) Bill; second reading. [Sir John Fuller.] 8. Miscellaneous Acts (Inspectors) Amendment Bill; second reading. [Mr Hewitt.] 9. Public Works and Other Acts (Interest Rates) Amendment Bill; second reading. [Sir John Fuller.] 10. Statute Law Revision Bill; second reading. [Sir John Fuller.]

GENERAL BUSINESS--oRDER OF THE DAY:

1. City of GouIburn Gas and Coke Company's (Amendment) Bill; third reading. [Mr Lange.]

BY AUTHORITY D WEST. GOVERNMENT PRINTER, NEW SouTH WALE8-1976