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1057 Votes and Proceedings 1057 LEGISLATIVE ASSEMBLY 2019-20-21 FIRST SESSION OF THE FIFTY-SEVENTH PARLIAMENT VOTES AND PROCEEDINGS No. 85 WEDNESDAY 17 FEBRUARY 2021 1 MEETING OF THE HOUSE The House met at 9.30 am pursuant to adjournment. The Speaker took the Chair, read the prayer and acknowledged the traditional owners, thanking them for their custodianship of country. 2 MESSAGE FROM THE LEGISLATIVE COUNCIL The Speaker reported a message from the Legislative Council dated 16 February 2021, returning the Warnervale Airport (Restrictions) Repeal Bill 2020, without amendment. 3 MESSAGE FROM THE LEGISLATIVE COUNCIL—STRATA SCHEMES MANAGEMENT AMENDMENT (SUSTAINABILITY INFRASTRUCTURE) BILL 2020 The Speaker reported the following message from the Legislative Council: Mr SPEAKER The Legislative Council has considered the Legislative Assembly's message dated 9 February 2021, relating to amendments to the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 and informs the Legislative Assembly that the Legislative Council does not insist on its amendment no. 1 disagreed to by the Legislative Assembly and agrees to amendment nos 1 – 3 proposed by the Legislative Assembly in the bill. Legislative Council JOHN AJAKA 16 February 2021 President 1058 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 17 February 2021 4 NOTICES OF MOTIONS (GENERAL NOTICES) 5 ROAD TRANSPORT LEGISLATION AMENDMENT (DRINK AND DRUG DRIVING OFFENCE) BILL 2021 The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Andrew Constance, That this bill be now read a second time. Question again proposed and debate resumed. Mr Adam Crouch obtained an extension of time. Question put and passed. Bill read a second time. Mr Andrew Constance moved, That this bill be now read a third time. Question put and passed. Bill read a third time. 6 PREVENTION OF CRUELTY TO ANIMALS AMENDMENT BILL 2021 The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Adam Marshall, That this bill be now read a second time. Question again proposed and debate resumed. Mr Philip Donato and Mr Adam Crouch obtained extensions of time. Mr Adam Marshall speaking in reply— It being 12.45 pm, debate interrupted for orders of the day (committee reports). Ordered, That the resumption of the debate stand an order of the day for a later hour. 7 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED 'LEGISLATION REVIEW DIGEST NO. 25/57', DATED 16 FEBRUARY 2021 Question proposed—That the House take note of the report. Debate ensued. Question put and passed. 8 REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED 'LEGISLATION REVIEW DIGEST NO. 26/57', DATED 16 FEBRUARY 2021 Question proposed—That the House take note of the report. Debate ensued. 1059 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 17 February 2021 Question put and passed. The Temporary Speaker (Ms Sonia Hornery) left the Chair at 1.03 pm. The Speaker resumed the Chair at 2.15 pm. 9 MINISTERIAL ARRANGEMENTS Mr Mark Speakman, on behalf of Ms Gladys Berejiklian, informed the House that in the absence of the Minister for Skills and Tertiary Education: (1) The Deputy Premier, Minister for Regional New South Wales, Industry and Trade would answer questions today in relation to Skills and Tertiary Education; and (2) The Minister for Better Regulation and Innovation would answer questions today in relation to Sport, Multiculturalism, Seniors and Veterans. 10 NOTICES OF MOTIONS 11 NOTICE OF PUBLIC INTEREST DEBATE The Speaker announced receipt of a notice of a public interest debate regarding Government's School Infrastructure Failings (Ms Prue Car). 12 QUESTION TIME (1) Following a request from Mr Geoff Provest pursuant to standing order 131 (3), the Premier provided additional information. (2) Following a request from Mr Michael Johnsen pursuant to standing order 131 (3), the Deputy Premier, Minister for Regional New South Wales, Industry and Trade provided additional information. (3) Following a request from Mrs Leslie Williams pursuant to standing order 131 (3), the Minister for Families, Communities and Disability Services provided additional information. (4) Following a request from Mr Gurmesh Singh pursuant to standing order 131 (3), the Minister for Better Regulation and Innovation provided additional information. Disorder: By direction of the Speaker, Ms Sophie Cotsis, Ms Tania Mihailuk and Ms Trish Doyle were removed from the Chamber by the Deputy Serjeant-at-Arms. 13 PLACING OR DISPOSAL OF BUSINESS—LAPSING OF GENERAL BUSINESS The Speaker advised the House that in accordance with standing order 105, general business notices of motions (general notices) nos 1802 to 1832, would lapse tomorrow. 1060 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 17 February 2021 14 PREVENTION OF CRUELTY TO ANIMALS AMENDMENT BILL 2021 The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Adam Marshall, That this bill be now read a second time. Question again proposed and debate resumed. Mr Adam Marshall concluded his reply. Question put and voices given. The Speaker stated that in his opinion that the 'Ayes' had it. A division was called for and the Speaker declared the question to be passed as there were only three members (Mr Roy Butler, Mrs Helen Dalton and Mr Philip Donato) in the minority who had challenged his decision. Question passed. Bill read a second time. Mr Adam Marshall moved, That this bill be now read a third time. Question put and passed. Bill read a third time. 15 BUDGET ESTIMATES AND RELATED PAPERS 2020-2021 The order of the day was read for the resumption of the interrupted debate, on the motion of Mr Dominic Perrottet, That this House take note of the Budget Estimates and related papers for 2020-2021. Question again proposed and debate resumed. Mr Greg Warren and Mr Stephen Bromhead obtained extensions of time. Mr Guy Zangari speaking— It being 5.00 pm, debate interrupted for public interest debate. Ordered, That the resumption of the debate stand an order of the day for a later hour. 16 MESSAGE FROM THE LEGISLATIVE COUNCIL—PARLIAMENT APPROPRIATIONS The Deputy Speaker reported the following message from the Legislative Council: MR SPEAKER The Legislative Council desires to inform the Legislative Assembly that it has this day agreed to the following resolution: 1. That this House does not agree with the action taken by the Legislative Assembly in transmitting the Appropriation (Parliament) Bill 2020 to Her Excellency the Governor for assent notwithstanding that the Legislative Council returned the bill to the Legislative Assembly with amendments. 1061 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 17 February 2021 2. That this House rejects the assertion in the Legislative Assembly's message dated 27 November 2020, that the bill was transmitted to Her Excellency the Governor pursuant to section 5A of the Constitution Act 1902. 3. That this House: (a) considers that the annual Appropriation (Parliament) Bill is not a bill 'appropriating revenue or moneys for the ordinary annual services of the Government' within the meaning of section 5A of the Constitution Act 1902, and (b) maintains that the Legislature is not an instrument of the Government and that the Government does not provide services through the Legislature. 4. That this House: (a) notes that in 1993 the Parliament adopted section 24B(3) of the Constitution Act 1902, which amongst other things, provides for the dissolution of the Assembly by the Governor during a four-year term of Parliament upon rejection of a bill which 'appropriates revenue or moneys for the ordinary annual services of the Government', but pointedly excludes a bill that 'appropriates revenue or moneys for the Legislature only' from its application, and (b) considers this a clear indication by the Parliament that it does not see parliamentary appropriations as falling within the ambit of appropriations 'for the ordinary annual services of the Government'. 5. That this House asserts that a particular meaning attaches to the phrase ‘appropriating revenue or moneys for the ordinary annual services of the Government’ as used in section 5A of the Constitution Act 1902, and that the deliberate adoption and precise meaning must be understood in the context of the constitutional settlement of 1933, when sections 5A and 5B were inserted into the Constitution Act 1902 after approval by the electors at a referendum. 6. That this House intends to pursue a funding model for the Parliament and the Independent Commission Against Corruption, the Law Enforcement Conduct Commission, the Ombudsman and the Electoral Commission, the NSW Audit Office, that recognises their independence from the Executive Government. 7. That a message be forwarded to the Legislative Assembly conveying the terms of this resolution. Legislative Council JOHN AJAKA 17 February 2021 President 17 PUBLIC INTEREST DEBATE—GOVERNMENT'S SCHOOL INFRASTRUCTURE FAILINGS Ms Prue Car moved, pursuant to notice, That this House: (1) Notes the Government has failed to build the schools that communities in New South Wales need. (2) Condemns the Government for delaying the new schools and school upgrades it promised across New South Wales whilst demountables fill playgrounds. (3) Calls on the Government to stop its delays and build the schools that it promised to communities across the State. Upon which Mr Kevin Conolly moved, That the motion be amended by leaving out all words after 'That' with a view to inserting instead: 1062 VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY Wednesday 17 February 2021 'this House: (1) Notes the record $7 billion investment the Government has made in building new and upgraded schools across New South Wales. (2) Congratulates the Government on delivering over 110 new and upgraded schools since January 2019.' Question proposed—That the amendment be agreed to.
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